89S10333 RDS-D
	By: Hopper	H.B. No. 213

	A BILL TO BE ENTITLED
	AN ACT
	relating to the organization, powers, and authority of the Texas
	State Guard, including the powers and authority of the adjutant
	general and governor relating to the Texas State Guard.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 437.001, Government Code, is amended by
	amending Subdivisions (2) and (13) and adding Subdivision (3-a) to
	read as follows:
	(2)  "Adjutant general" means the military commander of
	the Texas National Guard [military forces].
	(3-a)  "Director" means the military commander of the
	Texas State Guard.
	(13)  "Texas Military Department" means the state
	agency charged with administrative activities in support of the
	Texas National Guard [military forces].
	SECTION 2.  Section 437.002(b), Government Code, is amended
	to read as follows:
	(b)  If the governor is unable to perform the duties of
	commander-in-chief, the successor to the governor's authority as
	provided by the state constitution or other state law [adjutant
	general] shall command the Texas military forces[, unless the state
	constitution or other state law requires the lieutenant governor or
	the president of the senate to perform the duties of governor]. The
	authority of the adjutant general under this section to command the
	Texas military forces applies only to the Texas National Guard.
	SECTION 3.  Sections 437.003(a), (b), and (c), Government
	Code, are amended to read as follows:
	(a)  The governor, with the advice and consent of the senate,
	shall appoint an adjutant general to a two-year term expiring
	February 1 of each even-numbered year. The adjutant general is
	responsible for leading and managing the Texas National Guard
	[military forces].  The adjutant general is subordinate only to the
	governor in matters pertaining to the Texas National Guard
	[military forces]. The adjutant general's rank is assigned at the
	discretion of the governor and may not exceed lieutenant general.
	Federal recognition is at the rank authorized by the National Guard
	Bureau. [The adjutant general may be referred to as the commanding
	general of the Texas military forces.]
	(b)  On recommendation of the adjutant general, the governor
	shall appoint a deputy adjutant general for army and [,] a deputy
	adjutant general for air[, and the commander of the Texas State
	Guard]. The deputy adjutants general [and commander] serve until
	replaced. To be qualified for appointment as a deputy adjutant
	general, a service member must have the qualifications required for
	appointment as adjutant general.
	(c)  The governor, with the advice and consent of the senate,
	shall appoint a director of the Texas State Guard to a two-year term
	expiring February 1 of each even-numbered year. To be qualified for
	appointment as director, a person must have the qualifications
	required by Section 437.302. The director is responsible for
	leading and managing the Texas State Guard. The director is
	subordinate only to the governor in matters pertaining to the Texas
	State Guard. The governor shall[,] commission[,] and assign the
	Texas State Guard general officers. The governor may remove or
	reassign an officer. To be eligible for appointment as a general
	officer, a service member must have:
	(1)  been an [a federally recognized] officer of not
	less than field grade of the Texas National Guard or a regular or
	reserve component of the United States military or served at least
	15 years of combined service as a commissioned officer in the Texas
	military forces or a regular or reserve component of the United
	States military; and
	(2)  served at least three years as a commissioned
	officer in the Texas State Guard.
	SECTION 4.  Section 437.004(e), Government Code, is amended
	to read as follows:
	(e)  The governor may delegate to the adjutant general the
	powers granted by this section with respect to the Texas National
	Guard and may delegate to the director the powers granted by this
	section with respect to the Texas State Guard [to the adjutant
	general].
	SECTION 5.  Sections 437.005(a), (b), and (c), Government
	Code, are amended to read as follows:
	(a)  The governor may activate all or part of the Texas
	military forces to state active duty or for state training and other
	duty. The governor may delegate to the adjutant general all or
	part of the authority granted by this section with respect to the
	Texas National Guard and may delegate to the director all or part of
	the authority granted by this section with respect to the Texas
	State Guard [to the adjutant general].
	(b)  On delegation of the authority by the governor, the
	adjutant general may order all or part of the Texas National Guard
	[military forces] to state training and other duty if funding has
	been provided in the General Appropriations Act or volunteer
	resources are available.
	(c)  On delegation of the authority by the governor, the
	adjutant general may order all or part of the Texas National Guard
	[military forces] to state training and other duty if requested by a
	federal, state, or local governmental entity and the entity
	authorizes reimbursement of the costs to this state.
	SECTION 6.  Section 437.006(b), Government Code, is amended
	to read as follows:
	(b)  The director [adjutant general] shall appoint and
	commission officers, other than a general officer, in the Texas
	State Guard. To be eligible for appointment, a service member must
	be qualified under state guard regulations [and be recommended for
	appointment by the commander of the state guard].
	SECTION 7.  Section 437.053, Government Code, is amended to
	read as follows:
	Sec. 437.053.  ADJUTANT GENERAL: DUTIES. The adjutant
	general shall:
	(1)  perform duties assigned by the governor relating
	to the military affairs of this state;
	(2)  assume responsibility for the overall leadership,
	management, accountability, and operations of the Texas National
	Guard [military forces], including the transportation of troops,
	munitions, military equipment, and property in this state;
	(3)  assume responsibility for all administration of
	the department, including ensuring compliance with applicable
	state law and priorities and overseeing state employees;
	(4)  oversee the preparation of returns and reports
	required of this state by the United States;
	(5)  maintain a register of all officers of the Texas
	National Guard [military forces];
	(6)  publish at state expense, when necessary, state
	military law and regulations;
	(7)  make available annual reports concerning the Texas
	National Guard [military forces];
	(8)  establish reasonable and necessary fees for the
	administration of this subtitle;
	(9)  employ and arm, as the adjutant general determines
	appropriate, persons licensed under Title 10, Occupations Code, to
	protect property that is under the adjutant general's authority and
	to satisfy applicable security requirements;
	(10)  define and prescribe the kind and amount of
	supplies, including operational munitions for use in this state, to
	be purchased for the Texas National Guard [military forces];
	(11)  prescribe general regulations for the
	maintenance of supplies and for the transportation and distribution
	of supplies from the place of purchase to camps, stations,
	companies, or other necessary places of safekeeping;
	(12)  have supplies, whether the property of the United
	States or this state, properly cared for and kept in good order and
	ready for use; and
	(13)  as the adjutant general determines appropriate,
	sell or destroy property and supplies or exchange property and
	supplies for other military property and supplies.
	SECTION 8.  Section 437.054(a), Government Code, as amended
	by H.B. No. 5308, Acts of the 89th Legislature, Regular Session,
	2025, and effective September 1, 2025, is amended to read as
	follows:
	(a)  The adjutant general is the decision-making authority
	on all matters concerning the location and maintenance of the Texas
	National Guard [military forces] and Texas National Guard
	facilities in this state. The adjutant general may set priorities
	for the construction, renovation, repair, and maintenance of Texas
	National Guard [military forces] armories, facilities, and
	improvements owned or leased by this state. The adjutant general in
	this capacity is a public authority and a body politic and corporate
	and has all powers necessary for the acquisition and procurement
	related to construction, construction, rental, control,
	maintenance, operation, and disposition of Texas National Guard
	[military forces] facilities and real property and all associated
	property and equipment.
	SECTION 9.  Sections 437.058(f) and (g), Government Code,
	are amended to read as follows:
	(f)  The assistant adjutant general for domestic operations
	shall:
	(1)  coordinate activities of the Texas National Guard
	[military forces] with the National Guard Bureau to ensure state
	emergency services are provided and organized to support the state
	operations center; and
	(2)  coordinate with other federal, state, and local
	jurisdictions and officials.
	(g)  The Texas National Guard [military forces] shall have at
	least one traditional Texas Air National Guard general officer and
	two traditional Texas Army National Guard general officers to
	support the operation and command of the Texas National Guard.
	SECTION 10.  Section 437.059, Government Code, is amended to
	read as follows:
	Sec. 437.059.  ADJUTANT GENERAL APPOINTMENTS. The adjutant
	general, as the adjutant general determines appropriate and with
	available funds, may appoint full-time employees of the department,
	traditional national guard members, [state guard volunteers,] or
	federal employees.
	SECTION 11.  Section 437.107(b), Government Code, is amended
	to read as follows:
	(b)  The department shall provide to the governor in December
	of each even-numbered year:
	(1)  an account of all arms, ammunition, and other
	military property owned by or in possession of this state and its
	present condition;
	(2)  a statement of the number, condition, and
	organization of the Texas National Guard [military forces];
	(3)  suggestions important to the military interests
	and conditions of this state;
	(4)  a list and description of all Texas National Guard
	[military forces] missions that are in progress; and
	(5)  a statement of department plans to obtain and
	maintain future Texas National Guard missions, including proposed
	missions that are consistent with the United States Department of
	Defense's strategies.
	SECTION 12.  Section 437.110(d), Government Code, is amended
	to read as follows:
	(d)  A post exchange may sell, lease, or rent goods and
	services only to:
	(1)  active, retired, and reserve members of the United
	States armed services;
	(2)  active and retired members of the Texas National
	Guard [state military forces];
	(3)  full-time employees of the adjutant general's
	department; and
	(4)  dependents of an individual described by this
	subsection.
	SECTION 13.  Section 437.111(c), Government Code, is amended
	to read as follows:
	(c)  The department may solicit and accept gifts, grants, or
	donations from any private or public entity to support the Texas
	National Guard [military forces] or the Texas Military Forces
	Museum and may spend the proceeds consistent with donor limitations
	and for the use of the Texas National Guard [military forces], the
	museum, or the department.
	SECTION 14.  Section 437.114(b), Government Code, is amended
	to read as follows:
	(b)  The department may dispose of or exchange supplies owned
	by this state that are unfit for further use as the department
	determines is in the best interest of the Texas National Guard
	[military forces].
	SECTION 15.  Section 437.119, Government Code, is amended to
	read as follows:
	Sec. 437.119.  USE OF FUNDS TO PURCHASE FOOD AND
	BEVERAGES.  The department may use appropriated money to purchase
	food and beverages for:
	(1)  charged military housing;
	(2)  service members of the Texas National Guard
	[military forces] on military duty, including required training
	functions; and
	(3)  students participating in the Texas ChalleNGe
	Academy.
	SECTION 16.  Section 437.152, Government Code, is amended to
	read as follows:
	Sec. 437.152.  PUBLIC COMMENT.  The advisory council shall
	develop and implement policies that provide the public with a
	reasonable opportunity to at least annually appear before the
	council and speak on any issue related to the construction, repair,
	and maintenance of Texas National Guard [military forces] armories,
	facilities, and improvements under the jurisdiction of the
	department.
	SECTION 17.  Sections 437.155(a) and (f), Government Code,
	are amended to read as follows:
	(a)  The department by gift, lease, or purchase may acquire
	real property, including leasehold estates in real property, for
	any purpose the department considers necessary for the use of the
	Texas National Guard [military forces].
	(f)  The department shall deposit proceeds from any land
	lease or other revenue under this section, other than daily fee
	deposits that qualify as unit funds, into the state treasury to the
	credit of the department for the use and benefit of the facilities
	of the Texas National Guard [military forces].  If any part of
	these funds 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.
	SECTION 18.  Section 437.160, Government Code, is amended to
	read as follows:
	Sec. 437.160.  DONATION OF PROPERTY.  The governing body of
	a county or municipality, on behalf of the county or municipality,
	may donate real property to the department for use as a Texas
	National Guard [military forces] facility.  The donation may be in
	fee simple or otherwise.
	SECTION 19.  Sections 437.163(b) and (h), Government Code,
	are amended to read as follows:
	(b)  Before granting or conveying an interest in real
	property under this subchapter, the department must conduct an
	analysis to determine whether the disposal of property is in the
	best interests of the Texas National Guard [military forces] and
	evaluate whether each unit of the Texas National Guard [military
	forces] has adequate facility space to ensure that ongoing
	operations are maintained.
	(h)  The department shall deposit proceeds of sales under
	this section in the state treasury to the credit of the department
	for the use and benefit of the Texas National Guard [military
	forces].
	SECTION 20.  Section 437.201, Government Code, is amended to
	read as follows:
	Sec. 437.201.  CERTIFICATION OF MILITARY UNITS.  The
	adjutant general shall issue each unit of the Texas National Guard,
	and the director shall issue each unit of the Texas State Guard, a
	certificate stating that the unit has been duly organized according
	to the laws and regulations of the Texas military forces and is
	entitled to the rights, powers, privileges, amenities, and
	immunities conferred by law and military regulation. The
	certificate is evidence in a state court that the unit is duly
	incorporated.
	SECTION 21.  Sections 437.206(b) and (f), Government Code,
	are amended to read as follows:
	(b)  On the recommendation of the commanding officer or
	noncommissioned officer of the Texas military forces, the governor
	may confer on the officer or noncommissioned officer a brevet of a
	grade higher than the ordinary commission or brevet held by the
	officer or noncommissioned officer for gallant conduct or
	meritorious military service. The adjutant general shall specify
	the criteria for gallant conduct or meritorious military service
	for a member of the Texas National Guard.  The director shall
	specify the criteria for gallant conduct or meritorious military
	service for a member of the Texas State Guard.
	(f)  The governor may delegate to the adjutant general the
	powers granted by this section with respect to the Texas National
	Guard and may delegate to the director the powers granted by this
	section with respect to the Texas State Guard [to the adjutant
	general].
	SECTION 22.  Sections 437.211(a) and (c), Government Code,
	are amended to read as follows:
	(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, if the unit is a unit of
	the Texas National Guard, or to the governor if the unit is a unit of
	the Texas State Guard, 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.
	(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 unit [the] funds for which the
	custodian is a commanding officer of the Texas National Guard. The
	governor shall, in consultation with the director, develop policies
	and procedures concerning the administration of unit funds for
	which the custodian is a commanding officer of the Texas State
	Guard. 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.
	SECTION 23.  Section 437.212, Government Code, is amended by
	amending Subsections (f-1) and (g) and adding Subsection (f-2) to
	read as follows:
	(f-1)  The department shall require payment of the cost
	associated with paying the state contribution of a member of the
	Texas National Guard [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.
	(f-2)  The director shall require payment of the cost
	associated with paying the state contribution of a member of the
	Texas State Guard 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
	governor shall reimburse the board of trustees of the Employees
	Retirement System of Texas for that cost.
	(g)  The director, 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 Subsections
	[Subsection] (f-1) and (f-2).
	SECTION 24.  Section 437.219(c), Government Code, is amended
	to read as follows:
	(c)  The director [adjutant general] shall set the daily pay
	rate and allowance rate for state active duty and for state training
	and other duty for Texas State Guard service members called to duty
	or training under this chapter. The rate established by the
	director [adjutant general] may not exceed the meal and lodging
	rate set by the comptroller by more than $25 per day. The director
	[department] shall publish information about the established pay
	rates on the Texas State Guard's [department's] Internet website.
	SECTION 25.  Section 437.221, Government Code, is amended to
	read as follows:
	Sec. 437.221.  OTHER DUTY AND COMMUNITY SERVICE MISSIONS.
	(a)  The governor or the adjutant general, if designated by the
	governor, may require other duty for officers and enlisted persons
	in the Texas military forces. The other duty may include community
	service missions.
	(b)  If designated by the governor under Subsection (a), the
	adjutant general may require other duty only for officers and
	enlisted persons of the Texas National Guard.
	SECTION 26.  Section 437.225(a), Government Code, is amended
	to read as follows:
	(a)  A service member may be discharged from the Texas
	military forces according to regulations adopted by the governor or
	the adjutant general, if delegated authority, or by federal law or
	regulations. The governor may delegate to the adjutant general
	authority under this section only with respect to service members
	of the Texas National Guard.
	SECTION 27.  Section 437.228(a), Government Code, is amended
	to read as follows:
	(a)  A service member to whom [the department issues] a
	uniform or other military property is issued shall give a receipt
	for the uniform or property. The adjutant general or the director,
	as appropriate, shall prescribe the manner in which the uniform and
	property shall be accounted for and kept.
	SECTION 28.  Section 437.229, Government Code, is amended to
	read as follows:
	Sec. 437.229.  UNIFORM.  (a)  Except as provided by
	Subsection (b), the uniform of the officers and enlisted service
	members of the Texas military forces is the uniform prescribed for
	the United States armed forces with modifications that the
	governor, or adjutant general if delegated the authority, considers
	necessary. The governor may delegate to the adjutant general
	authority under this section only with respect to uniforms issued
	to officers and enlisted service members of the Texas National
	Guard.
	(b)  The uniforms of the officers and enlisted personnel of
	the Texas State Guard are the uniforms prescribed for the United
	States armed forces with any modifications the governor[, or the
	adjutant general if delegated the authority by the governor,]
	considers necessary to distinguish the Texas State Guard from the
	Texas National Guard.
	SECTION 29.  Section 437.231, Government Code, is amended to
	read as follows:
	Sec. 437.231.  SEIZURE. (a) On a finding by the adjutant
	general or the director that a person unlawfully possesses, and
	refuses or fails to deliver up, arms, equipment, or other military
	property issued by the department or Texas State Guard for use of
	the Texas military forces, the governor may by warrant command the
	sheriff of the county in which the person resides or is located to
	seize the arms, equipment, or other military property and keep the
	property subject to the governor's further order. The sheriff in
	executing the warrant may invoke the power of the county.
	(b)  Each sheriff may collect military arms or property
	issued by the department or Texas State Guard that is liable to loss
	or in the hands of unauthorized persons and safely keep the arms and
	property subject to order of the governor. The sheriff shall make a
	report of the collection to the governor. The sheriff's official
	bond covers faithful performance of duties under this subchapter.
	SECTION 30.  Subchapter G, Chapter 437, Government Code, is
	amended to read as follows:
	SUBCHAPTER G. TEXAS STATE GUARD
	Sec. 437.301.  INDEPENDENT STATE AGENCY; TRANSFER OF DUTIES;
	REFERENCE.  (a)  The Texas State Guard is a state agency charged
	with protecting and defending the people of this state from all
	natural and man-made threats to public safety.
	(b)  Notwithstanding any other law, the Texas State Guard is
	not subject to the control, supervision, or direction of the
	department for any purpose, including personnel, purchasing,
	transactions involving real or personal property, and budgetary
	matters.
	(c)  The director shall coordinate with the adjutant general
	to:
	(1)  establish a clear delineation of responsibilities
	between the Texas State Guard and the department;
	(2)  develop a strategy for the maintenance of
	properties used by both the Texas State Guard and the department;
	and
	(3)  ensure that missions of the Texas State Guard
	remain relevant and responsive as a force provider to this state.
	(d)  On request of the director, the department shall provide
	administrative support and services to the Texas State Guard.
	Sec. 437.302.  DIRECTOR; JURISDICTION; RESPONSIBILITIES,
	QUALIFICATIONS, AND REMOVAL.  (a)  The director is the governing
	officer and executive head [COMMANDER. The commander] of the Texas
	State Guard and is responsible:
	(1)  for the welfare, strength, and management of the
	Texas State Guard;
	(2)  for the [organization,] training[,] and
	administration of all Texas State Guard components; and
	(3)  [to the adjutant general to ensure the Texas State
	Guard missions remain relevant and responsive as a force provider
	to this state; and
	[(4)]  to field and staff the volunteer components of
	the Texas State Guard.
	(b)  In addition to the duties prescribed by Subsection (a),
	the director shall:
	(1)  establish by rule the chain of command and the
	organizational and administrative structure of the Texas State
	Guard;
	(2)  prepare and submit a biennial budget request to
	the governor, lieutenant governor, and speaker of the house of
	representatives;
	(3)  appear before appropriate legislative committees
	to provide updates on the operations and readiness of the Texas
	State Guard; and
	(4)  with approval of the governor, adopt rules
	necessary to carry out this subchapter.
	(c)  To be eligible for appointment as director, an
	individual must have at least 15 years of service as an officer with
	a rank of not less than colonel in the Texas State Guard.
	(d)  It is grounds for removal from office by the governor if
	the director:
	(1)  does not have at the time of appointment by the
	governor the qualifications required by this section; or
	(2)  cannot, because of illness or disability,
	discharge the director's duties for a substantial part of the
	director's term.
	Sec. 437.303 [437.302].  COMPOSITION; PERSONNEL; CODE OF
	CONDUCT.  (a)  The Texas State Guard is composed of units the
	governor, or director [adjutant general] if delegated the
	authority, considers advisable and administrative employees hired
	by the director under Subsection (g).
	(b)  The governor shall commission all officers of the Texas
	State Guard.
	(c)  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 Subsections (c) and (d), must be at
	least 17 years of age and not older than 70 years of age;
	[(4)]  must undergo a criminal history check;
	(4) [(5)]  must not:
	(A)  be a current active or reserve duty service
	member in the United States armed forces or other state military
	forces; or
	(B)  have previously been:
	(i)  convicted of a felony or other offense
	involving moral turpitude; or
	(ii)  separated from the United States armed
	forces or Texas military forces under a discharge other than an
	honorable discharge or a discharge under honorable conditions [be a
	registered sex offender]; [and]
	(5) [(6)]  must be acceptable to and approved by the
	governor or director [adjutant general] under the governor's
	direction; and
	(6)  must meet all criteria established under
	Subsection (d).
	(d)  The director shall establish by rule minimum standards
	for age, health, and physical condition of applicants based on the
	needs of the Texas State Guard.
	(e)  Notwithstanding any other law, an individual seeking to
	volunteer with the Texas State Guard is considered an employee or
	applicant for employment, as applicable, for purposes of Chapter
	21, Labor Code.
	(f)  The director shall, with the approval of the governor,
	develop and implement by rule a code of regulations and conduct for
	the administration and discipline of members of the Texas State
	Guard.
	(g)  The director may hire employees as necessary to carry
	out the administrative and other support operations of the Texas
	State Guard.
	Sec. 437.304.  RECRUITMENT AND RETENTION. The director
	shall:
	(1)  develop and implement a targeted recruitment
	campaign to attract skilled professionals with diverse
	backgrounds;
	(2)  develop a comprehensive retention strategy,
	including improved training opportunities, clear career
	progression paths, and recognition programs; and
	(3)  establish partnerships with institutions of
	higher education, as defined by Section 61.003, Education Code.
	[(c)  The adjutant general may adopt a policy regarding
	waiver of the maximum age requirement under Subsection (b)(3).
	[(d)  A person who is at least 17 years of age but younger
	than 18 years of age may serve in the Texas State Guard if the
	person:
	[(1)  is emancipated by marriage, court order, or other
	operation of law; or
	[(2)  provides to the adjutant general, in a form and
	manner prescribed by the adjutant general, the written consent of:
	[(A)  each of the person's parents or legal
	guardians, other than a parent or legal guardian who is:
	[(i)  deceased;
	[(ii)  determined by a court to be
	incapacitated;
	[(iii)  absent at an unknown location for an
	indefinite period; or
	[(iv)  confined in jail or prison serving a
	term of punishment that will result in the parent or guardian being
	released after the person's 18th birthday; or
	[(B)  for a person who is in the managing
	conservatorship of the Department of Family and Protective Services
	or another legal entity, a representative of the department or
	other legal entity.]
	Sec. 437.305 [437.303].  GOVERNOR'S AUTHORITY.  (a)  The
	governor has full control and authority over the Texas State Guard.
	(b)  In addition to any other rules adopted by the governor
	or director under this subchapter, the [The] governor may adopt
	regulations governing enlistment, organization, administration,
	uniforms, equipment, maintenance, command, training, and
	discipline of the Texas State Guard.  [The regulations to the extent
	practicable and desirable must conform to law and regulations
	governing the Texas National Guard.]
	(c)  Except as otherwise provided by law, the [The] governor
	may delegate the powers granted by this section to the director
	[adjutant general].
	Sec. 437.306.  ORGANIZATION; SPECIALIZED UNITS.  (a)  The
	director shall organize the following specialized units within the
	Texas State Guard:
	(1)  a crisis response battalion;
	(2)  an aviation response squadron;
	(3)  a maritime response squadron;
	(4)  a special missions unit;
	(5)  a border security unit;
	(6)  a medical unit;
	(7)  a technology and cybersecurity unit;
	(8)  a special operations unit; and
	(9)  any additional specialized units as necessary to
	meet the state's security and emergency response needs.
	(b)  The director may grant a member of a specialized unit
	the authority to detect and apprehend an individual in the
	performance of the member's duties while activated. The director
	shall adopt rules to implement this subsection, including rules
	requiring that a member complete certain training and receive a
	certification to be eligible to be granted authority to detect and
	apprehend individuals under this subsection.
	Sec. 437.307.  TRAINING AND EQUIPMENT; COMMUNICATIONS
	INFRASTRUCTURE.  (a)  The director shall develop and implement
	training programs for members of the Texas State Guard, including:
	(1)  specialized training programs focused on natural
	and man-made disasters or other scenarios relevant to this state,
	including hurricanes, floods, wildfires, and border security
	operations;
	(2)  regular joint exercises with the Texas National
	Guard and other relevant state agencies; and
	(3)  trainings on incident command systems, emergency
	management principles, and interagency coordination.
	(b)  The Texas State Guard shall provide all equipment
	necessary for the training and service of its members, including:
	(1)  high-water vehicles;
	(2)  unmanned aerial systems for damage assessment;
	(3)  mobile command posts; and
	(4)  specialized tools for disaster response and border
	security.
	(c)  In addition to equipment provided by the Texas State
	Guard under Subsection (b), the Texas State Guard shall establish a
	communications infrastructure to ensure seamless coordination
	among units of the Texas State Guard, units of other Texas military
	forces, or other state agencies as necessary.
	(d)  The director shall establish clear protocols for
	equipment use and maintenance by members of the Texas State Guard,
	including liability for misuse of or damage to personal equipment
	used during training and missions.
	Sec. 437.308 [437.304].  FUNDING; ASSISTANCE.  (a)  Funds or
	other property or services may be solicited by or donated to the
	Texas State Guard or a unit in the Texas State Guard by any public or
	private entity, including:
	(1)  a state agency or department;
	(2)  a political subdivision, including a county,
	municipality, or public school district; or
	(3)  a special purpose district or authority.
	(b)  A public school district may permit the Texas State
	Guard to use a school building.
	(c)  The director may enter into agreements with a public or
	private entity for the shared use of facilities, equipment, or
	other resources beneficial to the Texas State Guard's mission.
	(d)  The director shall implement a transparent budgeting
	process that clearly identifies and delineates funding streams
	within the Texas State Guard.
	(e)  The assistance solicited or received and any agreement
	entered into under this section is governed by the policies and
	regulations adopted by the director [adjutant general].
	Sec. 437.309.  ACTIVATION. (a)  In addition to the purposes
	described by Sections 431.111, 437.005, and 437.311, the governor
	may, to the extent consistent with the United States and Texas
	Constitutions, call all or part of the Texas State Guard to state
	active duty:
	(1)  during any period when any part of the Texas
	National Guard is serving on active federal military duty;
	(2)  to preserve the public peace, execute the laws of
	this state, enhance domestic security, respond to terrorist threats
	or attacks, protect and defend the people of this state from threats
	to public safety, or respond to a disaster as defined by Section
	418.004; or
	(3)  to assist a state agency or political subdivision
	in carrying out its duties by law.
	(b)  Notwithstanding any other law, state active duty of a
	unit of the Texas State Guard activated under this subchapter or
	Chapter 431 may be terminated by:
	(1)  the expiration of the order calling the unit to
	state active duty; or
	(2)  a separate order issued by the governor.
	(c)  The director shall establish clear protocols for rapid
	mobilization and deployment of the Texas State Guard, including by
	establishing preapproved mission sets for common disaster
	scenarios.
	Sec. 437.310 [437.305].  EMPLOYEES IN STATE GUARD;
	EMERGENCY LEAVE.  A state employee called to state active duty as a
	member of the Texas State Guard by the governor or other appropriate
	authority in response to a natural or man-made disaster is entitled
	to receive paid emergency leave without loss of military leave
	under Section 437.202 or annual leave.
	Sec. 437.311 [437.306].  USE OUTSIDE STATE; FRESH PURSUIT
	FROM OR INTO STATE.  (a)  Except as provided by Subsections (b) and
	(c), the Texas State Guard may not be required to serve outside the
	state.
	(b)  The governor, on request of the governor of another
	state, may order all or part of the Texas State Guard to assist a
	military or civil authority of that state in defending that state.
	The governor may recall these forces.
	(c)  If authorized by the law of another state, an
	organization, unit, or detachment of the Texas State Guard, on
	order of the officer in immediate command, may continue in fresh
	pursuit of an insurrectionist, a saboteur, an enemy, or enemy
	forces into that state until the apprehension or capture of the
	person or forces pursued or until military or police forces of that
	state or the United States have had a reasonable opportunity to
	apprehend, capture, or take up the pursuit of the person or forces.
	The Texas State Guard without unnecessary delay shall surrender a
	person apprehended or captured in another state to the military or
	police forces of that state or the United States. This surrender is
	not a waiver by this state of a right to extradite or prosecute the
	person for a crime committed in this state.
	(d)  Military forces of another state may continue a fresh
	pursuit into this state in the same manner permitted the Texas State
	Guard under Subsection (c). The military forces of the other state
	shall without unnecessary delay surrender a person captured or
	arrested in this state to the military or police forces of this
	state to be dealt with according to law. This subsection does not
	prohibit an arrest in this state permitted by other law.
	Sec. 437.312 [437.307].  FEDERAL SERVICE.  This chapter does
	not authorize the calling, ordering, or drafting of all or part of
	the Texas State Guard into military service of the United States. A
	person is not exempted by enlistment or commission in the Texas
	State Guard from military service under federal law.
	Sec. 437.313.  RECOGNITION. The director shall establish a
	program to recognize and reward outstanding service by members of
	the Texas State Guard.
	Sec. 437.314.  COORDINATION WITH OTHER AGENCIES. (a)  The
	Texas State Guard shall coordinate with the Texas Division of
	Emergency Management, the Texas Department of Public Safety, the
	department, and other relevant state and local agencies to ensure
	effective integration of efforts during emergencies and disasters.
	(b)  The director shall designate liaisons to promote
	ongoing coordination and information sharing with state agencies as
	necessary.
	Sec. 437.315.  REPORTING AND OVERSIGHT. (a)  The director
	shall, not later than December 1 of each year, submit an annual
	report to the governor, lieutenant governor, and speaker of the
	house of representatives on the activities, expenditures during the
	preceding fiscal year, and readiness status of the Texas State
	Guard.
	(b)  Not later than November 1 of each even-numbered year,
	the state auditor's office shall conduct an audit of the Texas State
	Guard's compliance with the laws of this state.
	Sec. 437.316 [437.308].  RECORDS; ARMS; EQUIPMENT.  (a)  The
	director [commander of the Texas State Guard] shall maintain and
	preserve the individual and unit records of the Texas State Guard
	and the Texas State Guard Honorary Reserve.
	(b)  The governor may request for use of the Texas State
	Guard arms and equipment that the United States government
	possesses and can spare. The governor, or the director [adjutant
	general] if delegated the authority by the governor, shall make
	available to the Texas State Guard state armories and available
	state property.
	Sec. 437.317 [437.309].  TEXAS STATE GUARD HONORARY
	RESERVE.  (a)  The governor, or director [adjutant general] under
	the governor's authority and direction, may transfer to the Texas
	State Guard Honorary Reserve an officer or enlisted service member
	of the Texas State Guard who:
	(1)  is physically disabled;
	(2)  is at least 60 years of age; or
	(3)  has served the federal or state military
	satisfactorily for at least 20 years.
	(b)  The governor may advance the service member one grade or
	rank at the time of the transfer into the honorary reserve. For a
	service member who is not a general officer, the director [adjutant
	general] may advance the service member one grade or rank at the
	time of the transfer into the honorary reserve.
	Sec. 437.318 [437.310].  TEXAS STATE GUARD UNIFORM AND
	INSIGNIA FUND.  (a)  A special revolving fund is established outside
	the state treasury to be known as the Texas State Guard uniform and
	insignia fund.  The fund may be used only to purchase uniforms and
	insignia to be used by members of the Texas State Guard.  The fund
	shall be administered in accordance with Section 437.211.
	(b)  The fund consists of:
	(1)  donations made to the fund;
	(2)  revenue received by the Texas State Guard from the
	sale of uniforms and insignia to members of the guard;
	(3)  depository interest and investment income earned
	on money in the fund; and
	(4)  money appropriated, credited, or transferred to
	the fund by the legislature.
	(c)  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.
	SECTION 31.  Section 437.355, Government Code, is amended by
	amending Subsections (a) and (c) and adding Subsection (a-1) to
	read as follows:
	(a)  The governor or adjutant general, if delegated the
	authority, may adopt policies and regulations relating to awarding:
	(1)  the Texas Purple Heart Medal, which shall be
	awarded to a service member who:
	(A)  after September 11, 2001:
	(i)  was inducted into federal service from
	the Texas National Guard; and
	(ii)  meets the criteria for an award of the
	federal Purple Heart Medal; or
	(B)  was wounded or killed at Fort Hood on
	November 5, 2009;
	(2)  the Texas Superior Service Medal, which shall be
	awarded to:
	(A)  a service member of the Texas military forces
	who has:
	(i)  completed 30 or more years of honorable
	state service or a combination of state and federal service; and
	(ii)  continually demonstrated superior
	performance and service while assigned to key leadership positions
	demanding responsibility; or
	(B)  a civilian who has contributed significant
	service to the Texas military forces;
	(3)  the Lone Star Distinguished Service Medal, which
	shall be awarded to a member of the military forces of this state,
	another state, or the United States for exceptionally outstanding
	achievement or service to this state in performance of a duty of
	great responsibility while serving with the Texas military forces
	for whom the department, Texas State Guard, or governor, as
	applicable, receives a letter of recommendation for award of the
	Lone Star Distinguished Service Medal that:
	(A)  gives an account of the exceptional
	achievement or service; and
	(B)  includes facts and photographs, and extracts
	from official documents to support and amplify the facts;
	(4)  the Texas Outstanding Service Medal, which shall
	be awarded to a service member of the military forces of this state,
	another state, or the United States who has performed service,
	either individually or as a member of a crew, in a superior and
	clearly outstanding manner;
	(5)  the Texas Humanitarian Service Medal, which shall
	be awarded to a service member who:
	(A)  does not meet the criteria for an award of the
	federal Humanitarian Service Medal;
	(B)  is a member of the Texas military forces; and
	(C)  while serving on state active duty or active
	duty under state authority in accordance with Title 32, United
	States Code, participates satisfactorily in defense support to a
	mission under civilian authority to protect life or property during
	or soon after a natural disaster or civil unrest in the state;
	(6)  the Texas Homeland Defense Service Medal, which
	shall be awarded to a service member of the Texas military forces
	who served:
	(A)  on or after September 11, 2001;
	(B)  on state active duty or active duty under
	state authority in accordance with Title 32, United States Code;
	and
	(C)  satisfactorily in defense support to a
	mission in the state under civilian authority;
	(7)  the Federal Service Medal, which shall be awarded
	to a service member who was inducted into federal service from the
	Texas military forces between June 15, 1940, and January 1, 1946, or
	after June 1, 1950, if the service was for more than 90 days;
	(8)  the Texas Combat Service Ribbon, which shall be
	awarded to a service member of the Texas National Guard who served,
	after September 11, 2001, in a hostile fire zone as designated by
	the United States secretary of defense;
	(9)  the Texas Faithful Service Medal, which shall be
	awarded to a member of the Texas military forces who has completed
	five years of honorable service during which the service member has
	shown fidelity to duty, efficient service, and great loyalty to
	this state;
	(10)  the Texas Medal of Merit, which shall be awarded
	to a member of the military forces of this state, another state, or
	the United States who performs outstanding service or attains
	extraordinary achievement, either individually or as a member of a
	crew, in behalf of the state or United States;
	(11)  the Texas State Guard Service Medal, which shall
	be awarded to a service member who completes three consecutive
	years of honorable service in the Texas State Guard during which the
	service member has shown fidelity to duty, efficient service, and
	great loyalty to this state;
	(12)  the Texas Desert Shield/Desert Storm Campaign
	Medal, which shall be awarded to a service member who was inducted
	into federal service from the Texas National Guard after August 1,
	1990, in support of Operation Desert Shield or Operation Desert
	Storm, without regard to the place that the service member was
	deployed while serving on active federal military duty;
	(13)  the Texas Iraqi Campaign Medal, which shall be
	awarded to a service member who was inducted into federal service
	from the Texas National Guard, without regard to the place that the
	service member was deployed while serving on active federal
	military duty, after:
	(A)  March 19, 2003, in support of Operation Iraqi
	Freedom; or
	(B)  August 31, 2010, in support of Operation New
	Dawn;
	(14)  the Texas Afghanistan Campaign Medal, which shall
	be awarded to a service member who was inducted into federal service
	from the Texas National Guard after October 6, 2001, in support of
	Operation Enduring Freedom, without regard to the place that the
	service member was deployed while serving on active federal
	military duty;
	(15)  the Cold War Medal, which, subject to Subsection
	(c), shall be awarded to a member of the military forces of this
	state or the United States who:
	(A)  served between September 2, 1945, and
	December 26, 1991; and
	(B)  was a resident of this state at the time the
	service member entered military service; and
	(16)  the Texas Border Security and Support Service
	Ribbon, which shall be awarded to a service member of the military
	forces of this state, another state, or the United States who
	served:
	(A)  on or after July 28, 2014;
	(B)  on state active duty or active duty under
	state authority in accordance with Title 32, United States Code,
	for at least 90 consecutive days, or in response to an emergency
	activation; and
	(C)  honorably in support of operations under
	civilian authority to secure this state's international border.
	(a-1)  Notwithstanding Subsection (a), the governor may
	delegate authority to the adjutant general under that subsection
	only with respect to the adoption of policies and regulations
	relating to awards for members of the Texas National Guard.
	(c)  A person described by Subsection (a)(15) may be awarded
	a Cold War Medal only if:
	(1)  a federal Cold War Medal or an equivalent federal
	medal is not available to be awarded; and
	(2)  a fee in the amount necessary to cover the costs of
	awarding the medal is paid to:
	(A)  for a medal awarded to a member of the Texas
	National Guard, the adjutant general; or
	(B)  for a medal awarded to a member of the Texas
	State Guard, the director [general's department].
	SECTION 32.  Section 437.357, Government Code, is amended to
	read as follows:
	Sec. 437.357.  DESIGN; RIBBONS.  (a)  The department shall
	design and have manufactured the medals, awards, decorations, and
	ribbons awarded under this subchapter and others that the adjutant
	general or director has approved for award.
	(b)  The governor, department, or Texas State Guard may
	purchase or replace medals, awards, decorations, and ribbons
	authorized under this subchapter for the recipient, the decedent's
	family, and nonprofit and governmental entities honoring the
	recipient or decedent.
	(c)  The adjutant general shall adopt regulations
	prescribing when a ribbon issued by the adjutant general may be
	appropriately worn instead of the medal it symbolizes. The
	governor, in consultation with the director, shall adopt
	regulations prescribing when a ribbon issued by the governor or
	director may be appropriately worn instead of the medal it
	symbolizes.
	SECTION 33.  The following provisions of the Government Code
	are repealed:
	(1)  Section 437.003(d);
	(2)  Section 437.103; and
	(3)  Section 437.311, as added by H.B. No. 101, Acts of
	the 89th Legislature, Regular Session, 2025.
	SECTION 34.  (a) Not later than September 1, 2026, all
	employees and volunteers of the Texas Military Department who
	primarily perform duties related to a duty, function, or activity
	transferred by this Act, including employees who provide
	administrative support for those functions and services, are
	transferred to the Texas State Guard.
	(b)  A rule, form, policy, procedure, or decision of the
	Texas Military Department that is related to a duty, function, or
	activity transferred by this Act continues in effect as a rule,
	form, policy, procedure, or decision of the Texas State Guard until
	superseded by an act of the governor or director of the Texas State
	Guard.
	(c)  A court case, administrative proceeding, contract
	negotiation, or other proceeding involving the Texas Military
	Department that is related to a duty, function, or activity
	transferred by this Act to the Texas State Guard is transferred
	without change to the Texas State Guard, and the Texas State Guard
	assumes, without a change in status until superseded by an act of
	the governor or director of the Texas State Guard, the position of
	the Texas Military Department in a negotiation or proceeding
	relating to a duty, function, or activity transferred by this Act to
	the Texas State Guard to which the Texas Military Department is a
	party.
	(d)  Not later than September 1, 2026, all money, contracts,
	memoranda of understanding, leases, rights, bonds, or obligations
	of the Texas Military Department related to a duty, function, or
	activity transferred by this Act to the Texas State Guard are
	transferred to the Texas State Guard.
	(e)  Not later than September 1, 2026, all personal property,
	including databases, records, and related information technology,
	in the custody of the Texas Military Department related to a duty,
	function, or activity transferred by this Act to the Texas State
	Guard becomes the property of the Texas State Guard.
	SECTION 35.  As soon as practicable after the governor
	appoints a director as required by Section 437.003(c), Government
	Code, as amended by this Act, to accomplish the transfer of duties
	and functions under this Act, the Texas State Guard and the Texas
	Military Department shall adopt a memorandum of understanding that
	identifies and allocates between the Texas State Guard and the
	Texas Military Department the property, employees, and other items
	transferred in accordance with this Act. The memorandum of
	understanding must also:
	(1)  identify and allocate between the Texas State
	Guard and the Texas Military Department the employees and real and
	personal property of the Texas Military Department, including
	space, used to generally support the activities of the Texas
	Military Department related to a duty, function, or activity
	transferred by this Act; and
	(2)  provide a schedule for any necessary or advisable
	transfer of the physical location of employees and property.
	SECTION 36.  (a)  Not later than February 1, 2026, the
	governor shall appoint the director of the Texas State Guard as
	required by Section 437.003(c), Government Code, as amended by this
	Act.
	(b)  Until the director of the Texas State Guard is appointed
	by the governor in the manner provided by Section 437.003,
	Government Code, as amended by this Act, the governor shall,
	notwithstanding any provision of Chapter 437, Government Code, as
	amended by this Act, serve as the sole governing officer and
	executive head of the Texas State Guard.
	SECTION 37.  This Act takes effect on the 91st day after the
	last day of the legislative session.