MILITARY Tex. Gov't Code § 437.217 Subchapter E - Texas Military Forces Section 437.207 - Military Unit As Corporate Body OTHER CODES/KES/ JULY 25/SAT/2020
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Subchapter E - Texas Military Forces
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Section 437.201 - Certification Of Military Units
Section 437.202 - Leave Of Absence For Public Officers And Employees
Section 437.203 - Dual Office Holding
Section 437.204 - Reemployment Of Service Member Called To Training Or Duty
Section 437.205 - Oath
Section 437.206 - Commissions
Section 437.207 - Military Unit As Corporate Body
Section 437.208 - Organization Prohibited
Section 437.209 - Foreign Troops
Section 437.210 - Interference With Texas Military Forces
Section 437.211 - Management Of Unit Funds
Section 437.212 - Pay And Benefits For State Active Duty, State Training, And Other Duty
Section 437.2121 - Extended State Active Duty Service For Administrative Support
Section 437.213 - Certain Benefits And Protections For State Service
Section 437.214 - Military Funerals And Honors
Section 437.215 - Grave Markers For State Military Personnel
Section 437.216 - Service Referral Program
Section 437.217 - Exemption From Fees For Deployed Military Personnel
Section 437.218 - Tax Exemption
Section 437.219 - Compensation
Section 437.220 - Supplemental Duty Pay For Economic Hardship
Section 437.221 - Other Duty And Community Service Missions
Section 437.222 - Liability Of Service Member
Section 437.223 - Exemption From Arrest
Section 437.2235 - Public Duty Justification
Section 437.224 - Voting
Section 437.225 - Discharge
Section 437.226 - Assistance For Tuition And Fees
Section 437.227 - Compensation For Death Or Injury
Section 437.228 - Issuance And Use Of Uniform And Other Military Property
Section 437.229 - Uniform
Section 437.230 - Exemption From Levy And Sale
Section 437.231 - Seizure
Section 437.232 - Confidentiality Of Military Personnel Information
urrent with legislation from the 2019 Regular Session effective as of September 1, 2019

Section 437.207 - Military Unit As Corporate Body(a) A military unit in the Texas military forces is, from the time of its creation, a body politic and corporate and may:(1) take, purchase, own, hold, transfer, pledge, and convey under its corporate name property of a total value, when acquired, of not more than $200,000;(2) sue and be sued, plead and be impleaded, and prosecute and defend in court under its corporate name;(3) have and use a common seal in a form it adopts;(4) adopt bylaws to govern and regulate its affairs, consistent with state law and United States law and the orders and regulations of the governor; and(5) otherwise act as necessary and proper to carry out its purpose.(b) The officers of the unit are its directors. The senior officer is its president.(c) The power of a unit to hold or handle property is not affected by a natural increase in the property's value after it is acquired.
Tex. Gov't. Code § 437.207
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
________________________________________________________________________ Section 437.208 - Organization Prohibited(a) Except as provided by Subsection (b), a body of persons other than the regularly organized Texas military forces, the armed forces of the United States, or the active militia of another state may not associate as a military company or organization or parade in public with firearms in a municipality of the state.(b) With the consent of the governor, students in an educational institution at which military science is a prescribed part of the course of instruction may drill and perform ceremonies with firearms in public. The governor may delegate the powers granted by this subsection to the adjutant general.
Tex. Gov't. Code § 437.208
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
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Tex. Gov't Code § 437.209
Current with legislation from the 2019 Regular Session effective as of December 31, 2020
Section 437.209 - Foreign Troops
A military force from another state, territory, or district, except a force that is on federal orders and acting as a part of the United States armed forces, may not enter this state without the permission of the governor. The governor may delegate the powers granted by this section to the adjutant general.
Tex. Gov't. Code § 437.209
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
Tex. Gov't Code § 437.210
Current with legislation from the 2019 Regular Session effective as of September 1, 2019
Section 437.210 - Interference With Texas Military Forces(a) A person commits an offense if the person physically and intentionally hinders, delays, or obstructs or intentionally attempts to hinder, delay, or obstruct a portion of the Texas military forces on active duty in performance of a military duty.(b) An offense under Subsection (a) is a Class B misdemeanor.(c) The commanding officer of a portion of the Texas military forces parading or performing a military duty in a street or highway may require a person in the street or highway to yield the right-of-way to the forces, except that the commanding officer may not interfere with the carrying of the United States mail, a legitimate function of the police, or the progress or operation of an emergency medical services provider or fire department.(d) During an occasion of duty, a commanding officer may detain a person who:(1) trespasses on a place of duty;(2) interrupts or molests the orderly discharge of duty by those under orders; or(3) disturbs or prevents the passage of troops going to or coming from duty.(e) The commanding officer shall make a reasonable effort to forward detained individuals to civil authorities as soon as practicable.
Tex. Gov't. Code § 437.210
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
Section 437.209 - Foreign Troops
Section 437.211 - Management Of
Section 437.211 - Management Of Unit Funds
Tex. Gov't Code § 437.211
Current with legislation from the 2019 Regular Session effective as of September 1, 2019
Section 437.211 - Management Of Unit Funds(a) The commanding officer of each unit is the custodian of the unit fund. The commanding officer shall:(1) receive, keep, properly disburse, and document the use of the money in the fund; and(2) submit to the department an itemized statement of money received and disbursed during the preceding reporting period:(A) on September 1 of each year; and(B) when there is a change of the commanding officer of the unit.(b) The unit fund consists of:(1) donations made to the fund;(2) rental income from state facilities under the management of the unit that are leased for less than three days;(3) revenue received from the sale of goods or services to members of the unit and visitors; and(4) depository interest and investment income earned on amounts in the fund.(c) A unit fund is a special fund held outside the state treasury to be administered by the commanding officer of the unit without further appropriation. A unit fund is not subject to Chapter 2256. The department shall develop policies and procedures concerning the administration of the funds. If any part of the fund remains unexpended and unobligated at the end of the state fiscal year, that amount is dedicated for the same purposes in the subsequent year. Money in the fund may not be diverted for any other purpose.(d) Chapter 94, Human Resources Code, does not apply to vending facilities operated for the benefit of a unit fund.
Tex. Gov't. Code § 437.211
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
Section 437.210 - Interference With Texas Military Forces
Section 437.212 - Pay And Benefits For State Active Duty,
Tex. Gov't Code § 437.212
Current with legislation from the 2019 Regular Session effective as of September 1, 2019
Section 437.212 - Pay And Benefits For State Active Duty, State Training, And Other Duty(a) This state may make suitable provision for the pay, transportation, subsistence, and housing of service members on state active duty or state training and other duty as necessary to accomplish the mission.(b) Pay and benefits received by service members of the Texas military forces under this chapter are not a gratuity, but are compensation for services provided as a condition of membership in the Texas military forces.(c) Service members who are state employees when called by proper authority into a state active duty status or for state training and other duty status are entitled to the regular benefits provided by the employing agency and a paid leave of absence as provided by Section 437.202.(d) A service member who is not a state employee when called by proper authority into a state active duty status or state training and other duty status becomes a temporary state employee when in this status and is limited to the benefits specified in this chapter. A temporary state employee status does not apply to a service member who is a federal civil servant or on active guard reserve status, including a member serving on orders issued under Title 10 or 32, United States Code.(e) A service member compensated under this section is eligible for state workers' compensation coverage under Chapter 501, Labor Code.(f) A member of the state military forces who is not a full-time or part-time state employee and who has been on state active duty or on state training or other duty for more than 60 days is, notwithstanding Section 1551.1055, Insurance Code, eligible to participate in the state group benefits program under Chapter 1551, Insurance Code, and is considered to be a full-time state employee for the purposes of that chapter, including the receipt of a full state contribution for insurance coverage, subject to Subsection (f-1) and the following requirements:(1) the participant must be a member of the state military forces at the time of enrollment in the group benefits program; and(2)
an application under this subsection for insurance coverage must be submitted in accordance with procedures established by the Employees Retirement System of Texas.
(f-1) The department shall require payment of the cost associated with paying the state contribution of a member of the state military forces who elects to participate in the state group benefits program under Subsection (f) by the person responsible for paying for the mission for which the member is on state active duty or state training and other duty. On receipt of payment, the department shall reimburse the board of trustees of the Employees Retirement System of Texas for that cost.(g) The adjutant general and the Employees Retirement System of Texas shall coordinate and consult to implement the benefits program provided by Subsection (f) and shall adopt a memorandum of understanding to establish:(1) the procedures that a member of the state military forces may use to elect to participate in the state group benefits program;(2) an appropriate method to annually confirm continuing eligibility to participate in the group benefits program; and(3) an appropriate method of administering the reimbursement of the state contribution as required by Subsection (f-1).(h) A service member who is on active guard reserve status, including a member serving on orders issued under Title 10 or 32, United States Code, may not receive state active duty pay or state training and other duty pay.(i) A service member who is a federal technician in a paid status may not receive state active duty pay or pay for state training and other duty unless the member is on a military leave or leave without pay status from the federal employment.(j) Claims of discrimination by service members on state active duty shall be processed in accordance with military regulations and procedures established for the Texas military forces; and are exempt from the jurisdiction of the Texas Workforce civil rights division.(k) A member of Texas Military Forces called to state active duty is subject to the regulations established for continued membership in the specific component including but not limited to medical readiness, drug testing, physical fitness and training requirements.
Tex. Gov't. Code § 437.212
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1059,Sec. 1, eff. 1/1/2016.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 340,Sec. 1, eff. 9/1/2015.
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.
Tex. Gov't Code § 437.2121
Current with legislation from the 2019 Regular Session effective as of December 31, 2020
Section 437.2121 - Extended State Active Duty Service For Administrative Support(a) The adjutant general may hire service members of the Texas military forces to fill state military positions with the department as authorized by the General Appropriations Act. A service member hired under this section is considered to be on extended state active duty service.(b) A service member called to extended state active duty service under this section is entitled to the benefits and paid leave generally provided to state employees.(c) The adjutant general shall establish and the department shall maintain the criteria for activating a service member under this section.(d) A state military position may have a limited term with a defined end date or may be a continuing position without a defined end date.(e) As soon as practicable before the end of each state fiscal year, the department shall notify each service member called to extended state active duty service under this section whether the department will continue the service member's state military position for the next state fiscal year.(f) The department shall consult with the classification officer, as authorized by Chapter 654, to develop a state salary structure classification applicable to service members called to extended state active duty service under this section. The salary structure classification may allow for automatic salary increases based on the service member's military rank and years of service. The department may use the salary structure classification established under this subsection before it is adopted in the General Appropriations Act. This subsection expires August 31, 2017.
Tex. Gov't. Code § 437.2121
Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1100,Sec. 1, eff. 6/19/2015.
Tex. Gov't Code § 437.213
Current with legislation from the 2019 Regular Session effective as of September 1, 2019
Section 437.213 - Certain Benefits And Protections For State Service
A service member of the Texas military forces who is ordered to state active duty or to state training and other duty by the governor, the adjutant general, or another proper authority under the law of this state is entitled to the same benefits and protections provided to persons:
(1) performing service in the uniformed services as provided by 38 U.S.C. Sections 4301-4313 and 4316-4319; and(2) in the military service of the United States as provided by 50 U.S.C. Sections 3901-3959, 3991, and 4011-4026 .
Tex. Gov't. Code § 437.213
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 888,Sec. 1, eff. 6/15/2017.
Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013

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