Reserve Militia Texas

Texas Gov Code. Sec. 431.001.  DEFINITIONS.  In this chapter:

(1)  “Reserve militia” means the persons liable to serve, but not serving, in the state military forces.

(2)  “State militia” means the state military forces and the reserve militia.



Sec. 431.071.  MILITARY DUTY.  (a)  The reserve militia is not subject to active military duty, except that the governor may call into service the portion of the reserve militia needed for the period required in case of war, insurrection, invasion or prevention of invasion, suppression of riot, tumult, or breach of peace or to aid civil officers to execute law or serve process.

(b)  The governor may assign members of the reserve militia who are called into service to existing organizations of the state military forces or organize them as circumstances require.

Sec. 431.073.  DRAFT.  (a)  The governor, by order to the county emergency board, shall apportion the number of members of the reserve militia called into service among the counties by draft according to each county’s population or by other means the governor directs.  The county emergency board shall establish fair and equitable procedures for selection of persons to fill the draft according to regulations adopted by the governor.  On completion of the selection, the board shall deliver a list of the persons selected to the governor and notify each person selected of the time and place to appear and report.

(b)  A member of the reserve militia while in active service is a member of the state military forces under Section 432.001(16), and is subject to the punitive provisions of Chapter 432.  A member who does not appear at the time and place designated by the county emergency board shall be punished as a court-martial directs.

Sec. 431.074.  PENALTY.  (a)  A member of a county emergency board who neglects or refuses to perform a duty required by this subchapter commits an offense.

(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000 and confinement in jail for not less than six nor more than 12 months.

Sec. 431.115.  STATE OF INSURRECTION.  The governor by proclamation may declare any portion of the state where state military forces are serving in aid of the civil authority to be in a state of insurrection, if the governor determines that law and order will be promoted by the declaration.

Sec. 437.302.  COMPOSITION.  (a)  The Texas State Guard is composed of units the governor, or adjutant general if delegated the authority, considers advisable.

(b)  To serve in the Texas State Guard, a person:

(1)  must be a resident of this state for at least 180 days;

(2)  must be a citizen of the United States or a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.);

(3)  subject to Subsection (c), must be at least 18 years of age and not older than 70 years of age;

(4)  must undergo a criminal history check; (May complete the License to Carry Free of Charge.)

(5)  must not be a registered sex offender; and

(6)  must be acceptable to and approved by the governor or adjutant general under the governor’s direction.

(c)  The adjutant general may adopt a policy regarding waiver of the maximum age requirement under Subsection (b)(3)



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