By: Van de Putte, Campbell	S.B. No. 1536

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas military; imposing criminal penalties;
	authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  TEXAS MILITARY
	SECTION 1.01.  Subtitle C, Title 4, Government Code, is
	amended by adding Chapter 437 to read as follows:
	CHAPTER 437.  TEXAS MILITARY
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 437.001.  DEFINITIONS. In this chapter:
	(1)  "Active military service" means state active duty
	service, federally funded state active duty service, or federal
	active duty service.  The term does not include service performed
	exclusively for training, such as basic combat training, advanced
	individual training, annual training, inactive duty training, and
	special training periodically made available to service members.
	(2)  "Adjutant general" means the military commander of
	the Texas military forces.
	(3)  "Department" means the Texas Military Department.
	(4)  "Employee" has the meaning assigned by Section
	21.002, Labor Code.
	(5)  "Employer" has the meaning assigned by Section
	21.002, Labor Code.
	(6)  "Executive director" means the administrative
	head of the department who is responsible for managing the
	department.
	(7)  "Military duty" means any activity of a service
	member performing a duty under a lawful military order, including
	training.
	(8)  "Service member" means a member or former member
	of the state military forces or a component of the United States
	armed forces, including a reserve component.
	(9)  "State active duty" means the performance of
	military or emergency service for this state at the call of the
	governor or the governor's designee.
	(10)  "State military forces" means the Texas military
	forces.
	(11)  "State training and other duty" means the service
	and training typically performed by service members in preparation
	for state active duty.  The term includes training for man-made and
	natural disaster response and maintenance of equipment and
	property.
	(12)  "Temporary state employee" means a service member
	who is not a full-time or part-time state employee and who is on
	state active duty.
	(13)  "Texas Military Department" means the state
	agency charged with administrative activities in support of the
	Texas military forces.
	(14)  "Texas military forces" means the Texas National
	Guard, the Texas State Guard, and any other military force
	organized under state law.
	(15)  "Texas National Guard" means the Texas Army
	National Guard and the Texas Air National Guard.
	(16)  "Texas State Guard" means the volunteer military
	forces that provide community service and emergency response
	activities for this state, as organized under the Second Amendment
	to the United States Constitution, and operating as a defense force
	authorized under 32 U.S.C. Section 109.
	(17)  "Unit" means any organized group of the Texas
	military forces that has a designated commander.
	(18)  "Unit fund" means:
	(A)  money held by a military unit to support the
	service members in the military unit while serving in the Texas
	military forces;
	(B)  the state post exchange services account; or
	(C)  the billeting account.
	Sec. 437.0011.  REFERENCE IN OTHER LAW.  A reference in other
	law to the adjutant general's department means the Texas Military
	Department.
	Sec. 437.002.  COMMANDER-IN-CHIEF.  (a)  The governor is the
	commander-in-chief of the Texas military forces, except any portion
	of those forces in the service of the United States.  The governor
	has full control and authority over all matters relating to the
	Texas military forces, including organization, equipment, and
	discipline.
	(b)  If the governor is unable to perform the duties of
	commander-in-chief, the 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.
	Sec. 437.003.  GOVERNOR'S MILITARY APPOINTMENTS.  (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 military forces.  The adjutant
	general is subordinate only to the governor in matters pertaining
	to the Texas 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, 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 shall appoint, 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 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.
	(d)  The governor may delegate the powers granted by
	Subsection (c) to the adjutant general.
	Sec. 437.004.  REGULATING TEXAS MILITARY FORCES. (a)  The
	governor shall make and publish regulations, according to existing
	federal and state law, to govern the Texas military forces.  The
	regulations must address general orders and forms for the
	performance of duties of service members on military duty,
	including provisions governing courts-martial.
	(b)  The governor may reorganize and provide regulations
	relating to the organization of any portion of the Texas National
	Guard, Texas State Guard, emergency militia, or other military
	force organized under state law.
	(c)  The governor may obtain from the United States
	government the arms, equipment, munitions, or other military
	supplies to which the state is entitled for use by the Texas
	military forces.
	(d)  The governor, as the governor determines to be in this
	state's best interest, shall designate the locations for storage of
	arms, equipment, munitions, or other military property owned by or
	under the control of this state.
	(e)  The governor may delegate the powers granted by this
	section to the adjutant general.
	Sec. 437.005.  AUTHORITY FOR STATE ACTIVE DUTY, STATE
	TRAINING, AND OTHER DUTY. (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 all or part of
	the authority granted by this section to the adjutant general.
	(b)  On delegation of the authority by the governor, the
	adjutant general may order all or part of the Texas 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 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.
	(d)  A service member called to state active duty or to state
	training and other duty has the rights, privileges, duties,
	functions, and authorities conferred or imposed by state law.
	Sec. 437.006.  OFFICERS. (a)  The governor shall appoint
	and commission officers of the Texas National Guard.  To be eligible
	for appointment, a service member must be qualified under United
	States law and regulations.
	(b)  The 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.
	(c)  An officer appointed under this section shall take and
	subscribe the official oath.
	Sec. 437.007.  ENLISTMENT AND APPOINTMENT. (a)  Federal law
	prescribes the terms and the qualifications and requirements for
	enlistment and appointment in the Texas National Guard.  The
	governor and legislature may prescribe additional terms,
	qualifications, and requirements that do not conflict with federal
	law.
	(b)  Enlistment in the Texas State Guard is prescribed by
	Subchapter G.
	Sec. 437.008.  MILITARY FACILITIES PROJECTS:  MATCHING
	FEDERAL FUNDS.  If the governor, after consulting with the adjutant
	general, determines that the state is eligible for federal matching
	funds for projects at military facilities in this state, the
	governor may direct that money appropriated for another purpose be
	used to obtain the federal matching funds if the appropriation
	authorizes the money to be used for that purpose.
	SUBCHAPTER B.  TEXAS MILITARY DEPARTMENT
	Sec. 437.051.  SUNSET PROVISION. The department is subject
	to Chapter 325 (Texas Sunset Act).  Unless continued in existence as
	provided by that chapter, the department is abolished and this
	subchapter expires September 1, 2019.
	Sec. 437.052.  ADJUTANT GENERAL:  JURISDICTION, DIVISION OF
	RESPONSIBILITIES, AND QUALIFICATIONS. (a)  The adjutant general
	exercises the jurisdiction and powers conferred by this subtitle.
	The adjutant general is the governing officer, policy maker, and
	head of the department.
	(b)  The adjutant general shall adopt and implement
	regulations or policies that clearly separate the adjutant
	general's responsibilities from the administrative
	responsibilities of the department's executive director and staff.
	(c)  To be eligible for appointment as adjutant general, a
	service member must:
	(1)  at the time of appointment, be serving as a
	federally recognized officer of not less than colonel in the Texas
	National Guard;
	(2)  have previously served on active duty or active
	duty for training with the United States Army or Air Force;
	(3)  meet for the year the appointment is made the
	submission requirements of the General Officer Federal Recognition
	Board or its successor; and
	(4)  have completed at least 15 years of service as a
	federally recognized reserve or active duty commissioned officer
	with an active unit of the United States Army or Air Force, the
	National Guard, or the Texas National Guard, including at least
	five years with the Texas National Guard.
	(d)  The appointment of the adjutant general shall be made
	without regard to the race, color, disability, sex, religion, age,
	or national origin of the appointee.
	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 military
	forces, including the transportation of troops, munitions,
	military equipment, and property in this state;
	(3)  oversee the preparation of returns and reports
	required of this state by the United States;
	(4)  maintain a register of all officers of the Texas
	military forces;
	(5)  publish at state expense, when necessary, state
	military law and regulations;
	(6)  make available annual reports concerning the Texas
	military forces;
	(7)  establish reasonable and necessary fees for the
	administration of this subtitle;
	(8)  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;
	(9)  define and prescribe the kind and amount of
	supplies, including operational munitions for use in this state, to
	be purchased for the Texas military forces;
	(10)  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;
	(11)  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
	(12)  as the adjutant general determines appropriate,
	sell or destroy property and supplies or exchange property and
	supplies for other military property and supplies.
	Sec. 437.0531.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
	STATEMENT.  The adjutant general shall adopt a written policy
	statement to implement a program of equal employment opportunity
	under which all personnel transactions are made without regard to
	race, color, disability, sex, religion, age, or national origin.
	The policy statement must include:
	(1)  personnel policies, including policies relating
	to recruitment, evaluation, selection, appointment, training, and
	promotion of personnel that comply with Chapter 21, Labor Code;
	(2)  a comprehensive analysis of the department's
	workforce that meets federal and state laws, rules, and regulations
	and instructions directly adopted from those laws, rules, and
	regulations;
	(3)  procedures for determining the extent of underuse
	in the department's workforce of persons for whom federal or state
	laws, rules, and regulations and instructions directly adopted from
	those laws, rules, and regulations encourage a more equitable
	balance; and
	(4)  reasonable methods to appropriately address the
	areas of underuse described in Subdivision (3).
	Sec. 437.054.  ADJUTANT GENERAL:  GENERAL POWERS. (a)  The
	adjutant general is the decision-making authority on all matters
	concerning the location and maintenance of military forces and
	facilities in this state.  The adjutant general may set priorities
	for the construction, renovation, repair, and maintenance of Texas
	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, construction, rental, control,
	maintenance, operation, and disposition of Texas military forces
	facilities and real property and all associated property and
	equipment.
	(b)  The adjutant general may execute the cooperative
	agreements with the National Guard Bureau and an interagency
	military agreement with a federal, state, or local governmental or
	quasi-governmental agency.
	(c)  The adjutant general may delegate the authority granted
	under this section in whole or in part.
	Sec. 437.055.  SEAL. The seal of the adjutant general
	consists of a five-pointed star with "Adjutant General, State of
	Texas" around the margin.
	Sec. 437.056.  MANDATORY TRAINING FOR ADJUTANT GENERAL.
	(a)  Before the adjutant general may assume the duties of the
	office and before the adjutant general may be confirmed by the
	senate, the adjutant general must complete at least one course of
	the training program established under this section.
	(b)  A training program established under this section must
	provide information to the adjutant general regarding:
	(1)  this chapter;
	(2)  the federal and state programs operated by the
	department;
	(3)  the federal and state roles and functions of the
	department;
	(4)  the regulations of the department, with an
	emphasis on disciplinary and investigatory authority regulations;
	(5)  the current budget for the department, with
	emphasis on state and federal funds;
	(6)  the results of the most recent formal federal and
	state audits of the department;
	(7)  the requirements of:
	(A)  Chapter 552; and
	(B)  the federal Freedom of Information Act (5
	U.S.C. Section 552);
	(8)  the requirements of the conflict-of-interest laws
	and other laws relating to public officials;
	(9)  any applicable ethics policies adopted by the
	department or the Texas Ethics Commission; and
	(10)  the requirements and development of the Master
	Cooperative Agreements between this state and the federal
	government.
	Sec. 437.057.  DEPUTY ADJUTANTS GENERAL. (a)  A deputy
	adjutant general has the rank prescribed by the governor, not to
	exceed the grade authorized for federal recognition in the
	position.  A deputy adjutant general may not be promoted to a rank
	higher than that of the adjutant general.  A deputy adjutant general
	is entitled to the rights, privileges, amenities, and immunities
	granted officers of that rank in the Texas National Guard.  A deputy
	adjutant general may be removed from office by the governor.
	(b)  A deputy adjutant general shall assist the adjutant
	general by performing assigned duties.  If the adjutant general is
	dead, absent, or unable to act, the deputy adjutant general who is
	designated in the adjutant general's succession plan shall perform
	the duties of the adjutant general.
	(c)  Each deputy adjutant general must complete the training
	required of the adjutant general as prescribed by Section 437.056
	not later than the 60th day after the date of appointment.
	Sec. 437.058.  GENERAL OFFICERS. (a)  The adjutant general
	may appoint as general officers an assistant deputy adjutant
	general for army, an assistant deputy adjutant general for air, an
	assistant deputy adjutant general for homeland security, and an
	assistant deputy adjutant general for government affairs.
	(b)  A general officer may not be promoted to a rank higher
	than that of the adjutant general.
	(c)  A general officer appointed under this section is
	responsible to and serves at the pleasure of the adjutant general.
	(d)  The assistant deputy adjutant general for the army shall
	support the deputy adjutant general for the army, represent the
	command staff at events as needed, and manage the activities
	assigned by the adjutant general or the deputy adjutant general for
	the army.
	(e)  The assistant deputy adjutant general for the Army
	National Guard or the Air National Guard, as determined by the
	adjutant general, shall:
	(1)  coordinate with other state agencies in matters
	pertaining to homeland security to ensure state emergency services
	are provided and organized to support the state operations center;
	and
	(2)  coordinate homeland security actions taken by the
	National Guard Bureau in this state.
	(f)  The assistant deputy adjutant general for the Army
	National Guard or the Air National Guard, as determined by the
	adjutant general, shall coordinate activities of the Texas military
	forces with the National Guard Bureau to ensure funding and
	coordination with other federal, state, and local jurisdictions and
	officials in matters relating to the operations of the Texas
	military forces occurring in the assistant deputy adjutant
	general's jurisdiction or oversight.
	(g)  The Texas 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.
	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.
	Sec. 437.060.  CONFLICT OF INTEREST PROVISIONS. (a)  A
	person may not be appointed adjutant general, a deputy adjutant
	general, a general officer, judge advocate general, or executive
	director if the person is required to register as a lobbyist under
	Chapter 305 because of the person's activities for compensation on
	behalf of a profession related to the operation of the department.
	(b)  An officer, employee, or paid consultant of a Texas
	trade association in the field of defense or veterans affairs may
	not be appointed adjutant general, a deputy adjutant general, a
	general officer, judge advocate general, or executive director.
	(c)  A person who is the spouse of an officer, manager, or
	paid consultant of a Texas trade association in the field of defense
	or veterans affairs may not be appointed adjutant general, a deputy
	adjutant general, a general officer, judge advocate general, or
	executive director.
	(d)  For the purposes of this section, a Texas trade
	association is a nonprofit, cooperative, and voluntarily joined
	association in this state designed to assist its members and its
	industry or profession in dealing with mutual business or
	professional problems and in promoting their common interest.
	Sec. 437.061.  REMOVAL PROVISIONS FOR ADJUTANT GENERAL.
	(a)  It is a ground for removal that the adjutant general:
	(1)  does not have at the time of appointment the
	qualifications for service required by this chapter;
	(2)  does not maintain the qualifications for service
	required by this chapter;
	(3)  does not obtain approval of the General Officer
	Federal Recognition Board or its successors;
	(4)  is found to have violated ethical standards of
	conduct of the federal government, this state, or the department;
	or
	(5)  cannot discharge the duties required by the
	position because of illness or disability.
	(b)  The validity of an action of the adjutant general is not
	affected by the fact that it is taken when a ground for removal
	exists.
	(c)  If a potential ground for removal exists, the deputy
	adjutant general with the longest tenure in that position in the
	department shall notify the governor that a potential ground for
	removal exists.
	Sec. 437.062.  SALARIES. (a)  The adjutant general is
	entitled to a salary in the amount designated in the General
	Appropriations Act.
	(b)  A deputy adjutant general, general officer, or
	executive director employed under this chapter is entitled to a
	salary subject to the classification and salary schedule provisions
	defined in the General Appropriations Act.
	SUBCHAPTER C.  TEXAS MILITARY DEPARTMENT OPERATIONS
	Sec. 437.101.  EXECUTIVE DIRECTOR. (a)  The executive
	director is an employee of the department and serves at the pleasure
	of the adjutant general.
	(b)  Subject to Sections 437.052 and 437.054, the executive
	director may enter into contracts related to the purposes or duties
	of the department and may have and use a corporate seal.
	(c)  The executive director is responsible for the daily
	administration of the department and the operational compliance
	with the cooperative agreements between the department and the
	National Guard Bureau.
	Sec. 437.102.  DEPARTMENT PERSONNEL. (a)  The executive
	director may hire employees as necessary to carry on the operations
	of the department.
	(b)  The executive director or the executive director's
	designee shall provide to the adjutant general and to department
	employees, as often as necessary, information regarding the
	requirements for office or employment under this chapter, including
	information regarding a person's responsibilities under applicable
	laws relating to standards of conduct for state officers or
	employees.
	Sec. 437.103.  STATE GUARD ADMINISTRATIVE PERSONNEL.
	(a)  Except as provided by Subsection (b), to be eligible to hold a
	position relating to the daily operations and coordination of the
	Texas State Guard, an employee must maintain membership in the
	Texas State Guard.
	(b)  For good cause, the adjutant general may exempt a
	position from the requirement under Subsection (a) by placing a
	letter stating the reason for the exemption in the state human
	resources files at the department.
	Sec. 437.104.  CAREER LADDER PROGRAM; PERFORMANCE
	EVALUATIONS.  (a)  The executive director shall develop a career
	ladder program.  The program must require intra-agency postings of
	all non-entry level positions concurrently with any public posting.
	(b)  The executive director shall develop a system of
	employee performance evaluations.  The system must require that
	evaluations be conducted at least annually.  All merit pay for
	department employees must be based on the system established under
	this subsection.
	Sec. 437.105.  AUTHORITY TO MAKE DIFFERENTIAL PAYMENTS. The
	department may pay an employee additional compensation for duty
	hours other than Monday through Friday normal business hours or for
	the ability to legally carry weapons if required for the position.
	The department shall adopt regulations to establish the
	classification, procedures, and amount of the additional
	compensation.  The department may make differential payments only
	if money is available to pay those amounts.
	Sec. 437.106.  HISTORICAL PRESERVATION OF RECORDS AND
	PROPERTY. Except as provided by other law and in accordance with
	all applicable federal and state requirements, the department shall
	preserve all historically significant military records or property
	in the Texas Military Forces Museum.
	Sec. 437.107.  REPORTS. (a)  The department annually shall
	submit to the governor and the presiding officer of each house of
	the legislature a complete and detailed written report accounting
	for all funds received and disbursed by the department during the
	preceding fiscal year.  The report must be in the form and reported
	in the time provided by the General Appropriations Act.
	(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 military forces;
	(3)  suggestions important to the military interests
	and conditions of this state;
	(4)  a list and description of all Texas 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.
	(c)  Information relating to any current, proposed, or
	planned mission that the adjutant general considers to be
	classified or sensitive in nature is exempt from the reporting
	requirement of Subsection (b).
	Sec. 437.108.  TECHNOLOGY POLICY. The department shall
	develop and implement a policy requiring the executive director and
	department's employees to research and propose appropriate
	technological solutions to improve the department's ability to
	perform its functions. The technological solutions must:
	(1)  ensure that the public is able to easily find
	information about the department on the Internet;
	(2)  ensure that persons who want to use the
	department's services are able to:
	(A)  interact with the department through the
	Internet; and
	(B)  access any service that can be provided
	effectively through the Internet; and
	(3)  be cost-effective and developed through the
	department's planning processes.
	Sec. 437.109.  EXEMPTION FROM CERTAIN STATE ACTIVITIES.
	(a)  The department is exempt from the provisions of Chapter 2054
	relating to the oversight of information resources and information
	resource manager provisions to the extent the National Guard Bureau
	and the United States Department of Defense provide information
	technology and communications support to the department.
	(b)  Notwithstanding any other law, a service member
	considered to be a temporary state employee is not considered to be
	an employee of the department for the purpose of counting the number
	of full-time equivalent positions authorized for the department in
	the General Appropriations Act.
	Sec. 437.110.  POST EXCHANGES ON STATE MILITARY PROPERTY.
	(a)  The department may establish and contract for the operation of
	not more than three military-type post exchanges similar to those
	operated by the armed forces of the United States on any real
	property under the management and control of the department. A post
	exchange may sell, lease, or rent goods and services, including
	firearms, tobacco products, prepared foods, and beer and wine but
	not distilled spirits. The department may designate facilities
	located on state property to use for purposes of this section.
	(b)  The adjutant general shall adopt regulations to govern
	post exchanges established under this section that are similar to
	the procedures, policies, and restrictions governing exchanges of
	the Army and Air Force Exchange Service, including regulations that
	require an individual to show identification indicating the
	individual is qualified to buy, lease, or rent goods at the post
	exchange.
	(c)  The department shall contract with a person to operate a
	post exchange created under this section.
	(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 state military
	forces;
	(3)  full-time employees of the adjutant general's
	department; and
	(4)  dependents of an individual described by this
	subsection.
	(e)  The post exchange services account is a unit fund under
	Section 437.211.  For purposes of Section 437.211, the commander is
	the installation commander.  The post exchange services account is
	exempt from the application of Sections 403.095 and 404.071.  The
	account consists of:
	(1)  money received from the operation of post
	exchanges created under this section; and
	(2)  all interest attributable to money held in the
	account.
	(f)  A post exchange created under this section may sell
	goods and services, including beer and wine but not distilled
	spirits, for off-premises consumption if the operator of the
	exchange holds the appropriate license or permit issued by the
	Texas Alcoholic Beverage Commission. The licensee or permittee
	shall comply in all respects with the Alcoholic Beverage Code and
	the rules of the Texas Alcoholic Beverage Commission.
	(g)  Chapter 94, Human Resources Code, does not apply to
	vending facilities operated at a post exchange.
	Sec. 437.111.  DONATIONS. (a)  Except as provided by
	Subsections (d) and (e), all money paid to the department under this
	chapter is subject to Subchapter F, Chapter 404.
	(b)  The department may accept funds, property, or services
	donated 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.
	(c)  The department may solicit and accept gifts, grants, or
	donations from any private or public entity to support the Texas
	military forces or the Texas Military Forces Museum and may spend
	the proceeds consistent with donor limitations and for the use of
	the Texas military forces, the museum, or the department.
	(d)  The department may accept a donation or transfer of
	funds from the federal government directly or through another
	agency or from an agency or political subdivision of this state.
	The funds shall be deposited with the comptroller.  The funds may be
	used for the legal purposes of the department as provided in the
	donation or transfer.  The comptroller shall make payments from the
	funds on a properly drawn warrant issued by the comptroller on
	request of the adjutant general and approval of the governor under
	rules adopted by the comptroller.
	(e)  A unit may accept funds for the benefit of a particular
	military unit in a unit fund as prescribed in Section 437.211.
	Sec. 437.112.  INFORMATION OF INTEREST; COMPLAINTS.
	(a)  The department shall prepare information of public interest
	describing the functions of the department and the procedures by
	which complaints are filed with and resolved by the department.  The
	department shall make the information available to the public and
	appropriate state agencies.
	(b)  The adjutant general shall adopt policies to establish
	methods for notifying the public and members of the Texas National
	Guard of the department's name, mailing address, and telephone
	number for the purpose of directing complaints to the department.
	(c)  The department shall maintain a file on each written
	complaint filed with the department. The file must include:
	(1)  the name of the person who filed the complaint;
	(2)  the date the complaint is received by the
	department;
	(3)  the subject matter of the complaint;
	(4)  the name of each person contacted in connection
	with the complaint;
	(5)  a summary of the results of the review or
	investigation of the complaint; and
	(6)  an explanation of the reason the file was closed,
	if the department closed the file without taking action other than
	to investigate the complaint.
	(d)  The department shall provide to the person filing the
	complaint and to each person who is the subject of the complaint a
	copy of the department's policies and procedures relating to
	complaint investigation and resolution unless the notice would
	jeopardize an undercover investigation.
	(e)  The department, at least quarterly until final
	disposition of the complaint, shall notify the person filing the
	complaint and each person who is the subject of the complaint of the
	status of the investigation unless the notice would jeopardize an
	undercover investigation.
	Sec. 437.113.  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
	(a)  The department shall develop and implement a policy to
	encourage the use of appropriate alternative dispute resolution
	procedures under Chapter 2009 to assist in the resolution of
	internal and external disputes within the department's
	jurisdiction.
	(b)  The department's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c)  The department shall designate a trained person to:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  serve as a resource for any training needed to
	implement the procedures for negotiated rulemaking or alternative
	dispute resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures, as implemented by the department.
	Sec. 437.114.  SUPPLIES. (a)  The department may purchase
	from money appropriated to the department and keep ready for use,
	store, or issue a necessary amount of ordnance, subsistence,
	medical, signal, engineering, and other supplies.
	(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 military forces.
	(c)  The department shall provide each state military unit
	with the arms, equipment, instruction and record books, and other
	supplies necessary for performance of the duties required of the
	unit by this chapter.  The unit shall keep the property in proper
	repair and good condition.  The department may execute bonds in the
	name of this state as necessary to obtain this property.
	Sec. 437.115.  BIDS. The department shall adopt rules
	governing the preparation, submission, and opening of bids for
	contracts.
	Sec. 437.116.  PROGRAM ACCESSIBILITY. The department shall
	comply with federal and state laws related to program
	accessibility.  The department shall also prepare and maintain a
	written plan that describes how a person who does not speak English
	can be provided reasonable access to the department's programs and
	services.
	Sec. 437.117.  TEXAS CHALLENGE ACADEMY. (a)  For each
	student enrolled in the Texas ChalleNGe Academy, the department is
	entitled to allotments from the Foundation School Program under
	Chapter 42, Education Code, as if the academy were a school district
	without a tier one local share for purposes of Section 42.253,
	Education Code.
	(b)  The department shall contract with an appropriate
	school district for the provision of educational services for
	students enrolled in the academy. The school district with which
	the department contracts shall be responsible for ensuring
	compliance with any applicable regulatory requirements imposed
	under the Education Code and enforced by the commissioner of
	education and the Texas Education Agency.
	Sec. 437.118.  USE OF FUNDS TO SUPPORT MILITARY HOUSING AND
	TRAINING. (a)  The department may use appropriated money to
	purchase food and beverages for charged military housing and
	training functions required of the Texas military forces.
	(b)  The department shall maintain and operate charged
	military housing in accordance with policies and regulations
	adopted by the adjutant general and published on the department's
	Internet website.  The department shall deposit room fees in a
	billeting account.
	SUBCHAPTER D.  REAL PROPERTY MANAGEMENT
	Sec. 437.151.  REAL PROPERTY ADVISORY COUNCIL. (a)  The
	real property advisory council is composed of the following eight
	members:
	(1)  two deputy adjutants general;
	(2)  the executive director; and
	(3)  five public members who are not actively serving
	in the Texas National Guard and who have experience in
	architecture, construction management, engineering, property
	management, facilities maintenance management, real estate
	services, or real property law.
	(b)  The public members of the advisory council are appointed
	to staggered three-year terms by the adjutant general.
	(c)  The adjutant general shall adopt regulations specifying
	the requirements, term limits, and expectations for the advisory
	council.
	(d)  The adjutant general shall designate one of the public
	members of the advisory council as the presiding officer of the
	advisory council to serve in that capacity at the pleasure of the
	adjutant general.
	(e)  The director of the facilities management office is
	responsible for administration and coordination of council
	meetings and preparation of materials with input from the council
	membership.
	(f)  The council shall meet at least two times each fiscal
	year to advise the department on:
	(1)  the facility master plan;
	(2)  the long-range construction plan;
	(3)  the selection of architecture and engineering
	firms;
	(4)  requests for bonding authority for state military
	facilities;
	(5)  the disposal or sale of department property;
	(6)  surface leases of department property;
	(7)  natural resources management plans; and
	(8)  environmental studies and agreements.
	(g)  Each public member of the advisory council is entitled
	to a per diem as provided by the General Appropriations Act for each
	day that the member engages in the business of the council.
	(h)  Each member of the advisory council is entitled to
	reimbursement for meals, lodging, transportation, and incidental
	expenses:
	(1)  under the rules for reimbursement that apply to
	the member's office or employment, if the member is a state officer
	or employee; or
	(2)  as provided by the General Appropriations Act if
	the member is not a state officer or employee.
	(i)  The advisory council is not subject to Chapter 2110.
	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 military forces armories, facilities, and
	improvements under the jurisdiction of the department.
	Sec. 437.153.  BORROWING MONEY; ISSUING AND SELLING BONDS.
	(a)  The department may borrow money in the amount and under
	circumstances allowed by the Texas Constitution and may request the
	Texas Public Finance Authority, on behalf of the department, to
	issue and sell fully negotiable bonds to acquire, construct,
	remodel, repair, or equip one or more facilities.
	(b)  The Texas Public Finance Authority may sell the bonds in
	any manner it determines to be in the best interest of the
	department, except that it may not sell a bond that has not been
	approved by the attorney general and registered with the
	comptroller.
	Sec. 437.154.  REPORT OF MILITARY USE OF PROPERTY. (a)  If
	the department receives notice from the General Land Office as
	provided by Section 31.156, Natural Resources Code, the department
	shall produce a report evaluating the military use of any real
	property under the management and control of the department.
	(b)  Not later than August 1 of the year in which the
	commissioner of the General Land Office submits a report as
	provided by Section 31.157, Natural Resources Code, the department
	shall submit a preliminary report of the report required under
	Subsection (a) to the commissioner of the General Land Office
	identifying the real property used for military purposes.  Not
	later than September 1 of the year in which the commissioner of the
	General Land Office submits a report as provided by Section 31.157,
	Natural Resources Code, the department shall submit the final
	report as required by Subsection (a) to:
	(1)  the governor;
	(2)  the presiding officer of each house of the
	legislature;
	(3)  the Legislative Budget Board; and
	(4)  the governor's budget office.
	Sec. 437.155.  ACQUISITION; MANAGEMENT; PLEDGE OF RENTS,
	ISSUES, AND PROFITS.  (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 military forces.
	(b)  The department may acquire furniture and equipment
	suitable for facility purposes by gift, purchase, or construction.
	(c)  The department may:
	(1)  hold, manage, or maintain the property;
	(2)  after the analysis required under Section
	437.163(b), if applicable, lease or sell the property; and
	(3)  pledge all or part of the rents, issues, and
	profits of the property.
	(d)  The department may own and operate or contract with a
	vendor to provide temporary lodging facilities for use of military
	and retired military personnel.  The department shall publish
	information on the department's Internet website outlining the
	operation, use, and fee structure for temporary lodging facilities.
	Out of the money received for operating the temporary lodging
	facilities, the department may procure the necessary furnishings,
	goods, and services to manage and operate the temporary lodging
	facilities.
	(e)  The adjutant general, deputy adjutant general for the
	air, and deputy adjutant general for the army may reside in
	state-owned housing and are exempt from paying housing costs.  The
	department may allocate existing department housing to other
	department employees who demonstrate a need based on location and
	job description at a rate in accordance with the General
	Appropriations Act.
	(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 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.
	Sec. 437.156.  CONSTRUCTION; FURNISHING AND EQUIPMENT.
	(a)  The department may construct buildings on real property held
	by the department in fee simple or otherwise.  The department may
	furnish and equip the buildings.
	(b)  The department may construct a building on land
	comprising a site licensed or otherwise provided to this state by
	the federal government.  If the department constructs a building on
	that site, the site becomes the property of the department for all
	purposes of this chapter as if the site had been acquired by gift to
	or purchase by the department.
	(c)  Department buildings that are constructed or undergoing
	major renovations must include information distribution system
	provisions in the contract.
	Sec. 437.157.  LEASE OF PROPERTY. (a)  In this section,
	"lease" includes a sublease.
	(b)  After the analysis required under Section 437.163(b),
	if applicable, the department may lease property to any person.
	(c)  The law requiring notice and competitive bids does not
	apply to a lease under this section.
	Sec. 437.158.  TRANSFER TO STATE. When property that the
	Texas Public Finance Authority owns in accordance with Section
	437.159 is fully paid for and free of liens and all obligations
	incurred in connection with the acquisition and construction of the
	property have been fully paid, the Texas Public Finance Authority
	shall donate and transfer the property to the department by
	appropriate instruments of transfer.  The instruments of transfer
	shall be kept in the custody of the department.
	Sec. 437.159.  PROPERTY FINANCED BY BONDS. Notwithstanding
	any other provision of this chapter, property used by this state for
	military purposes that was acquired, constructed, remodeled, or
	repaired using money from bonds and that has not yet been
	transferred under Section 437.158 is owned by the Texas Public
	Finance Authority and a reference to the department in this chapter
	in relation to that ownership means the Texas Public Finance
	Authority until the property is transferred.
	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
	military forces facility.  The donation may be in fee simple or
	otherwise.
	Sec. 437.161.  TAX STATUS OF PROPERTY. Property held by the
	department and rents, issues, and profits from the property are
	exempt from taxation by the state, a municipality, a county or other
	political subdivision, or a taxing district of this state.
	Sec. 437.162.  FACILITY ACCESSIBILITY. The department for
	new facility construction shall comply with federal and state laws
	related to facility accessibility.
	Sec. 437.163.  DISPOSAL OF CERTAIN SURPLUS REAL PROPERTY.
	(a)  When department property that is owned or transferred to this
	state is fully paid for and free of liens incurred in connection
	with the acquisition and construction of the property, the
	department may, after conducting the analysis required under this
	section, if applicable, properly dispose of the property that is
	designated by the adjutant general as surplus.
	(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 military forces and evaluate whether
	each unit of the Texas military forces has adequate facility space
	to ensure that ongoing operations are maintained.
	(c)  To accomplish the purposes of Subsection (a), the
	department may remove, dismantle, or sever any of the property or
	authorize its removal, dismantling, or severance.
	(d)  If property under this section is designated as surplus,
	the department may sell the property to the highest and best bidder
	for cash using either sealed bid or public auction.  The department
	may reject any or all bids.  If the site is considered historical,
	the department may evaluate other factors relating to ensuring the
	long-term care of the site when selecting the winning bidder.
	(e)  If property under this section is designated for
	exchange, the department may exchange the property for one or more
	parcels of land equal to or exceeding the value of the property to
	be exchanged.
	(f)  A sale, deed, or exchange made under this section must
	reserve to this state a one-sixteenth mineral interest free of cost
	of production.
	(g)  The department may:
	(1)  reconvey to the original grantor or donor all
	rights, title, and interests, including mineral interests, to all
	or part of the land conveyed by that person; and
	(2)  convey to the original grantor or donor, on a
	negotiated basis at fair market value, improvements constructed on
	the land reconveyed.
	(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 military forces.
	SUBCHAPTER E.  TEXAS MILITARY FORCES
	Sec. 437.201.  CERTIFICATION OF MILITARY UNITS. The
	adjutant general shall issue each unit 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.
	Sec. 437.202.  LEAVE OF ABSENCE FOR PUBLIC OFFICERS AND
	EMPLOYEES. (a)  Except as provided by Subsections (b) and (c), a
	person who is an officer or employee of this state, a municipality,
	a county, or another political subdivision of this state and who is
	a member of the Texas military forces, a reserve component of the
	armed forces, or a member of a state or federally authorized urban
	search and rescue team is entitled to a paid leave of absence from
	the person's duties on a day on which the person is engaged in
	authorized training or duty ordered or authorized by proper
	authority for not more than 15 workdays in a fiscal year.  During a
	leave of absence, the person may not be subjected to loss of time,
	efficiency rating, personal time, sick leave, or vacation time.
	(b)  An officer or employee of this state is entitled to
	carry forward from one fiscal year to the next the net balance of
	unused accumulated leave under Subsection (a) that does not exceed
	45 workdays.
	(c)  A member of the legislature is entitled to pay for all
	days that the member is absent from a session of the legislature and
	engaged in training or duty as provided by Subsection (a).
	(d)  A state employee who is a member of the Texas military
	forces, a reserve component of the armed forces, or a member of a
	state or federally authorized urban search and rescue team and who
	is ordered to duty by proper authority is entitled, when relieved
	from duty, to be restored to the position that the employee held
	when ordered to duty.
	Sec. 437.203.  DUAL OFFICE HOLDING. A position in or
	membership in the Texas military forces is not considered to be a
	civil office of emolument.
	Sec. 437.204.  REEMPLOYMENT OF SERVICE MEMBER CALLED TO
	TRAINING OR DUTY. (a)  An employer may not terminate the
	employment of an employee who is a member of the state military
	forces of this state or any other state because the employee is
	ordered to authorized training or duty by a proper authority.  The
	employee is entitled to return to the same employment held when
	ordered to training or duty and may not be subjected to loss of
	time, efficiency rating, vacation time, or any benefit of
	employment during or because of the absence.  The employee, as soon
	as practicable after release from duty, must give written or actual
	notice of intent to return to employment.
	(b)  A violation of this section is an unlawful employment
	practice.  A person injured by a violation of this section may file
	a complaint with the Texas Workforce Commission civil rights
	division under Subchapter I.
	Sec. 437.205.  OATH. (a)  A commissioned officer of the
	Texas military forces may administer oaths for purposes of military
	administration.  The officer's signature, without seal, and the
	title of the officer's assignment is prima facie evidence of the
	officer's authority.
	(b)  A person appointed, enlisted, or drafted in the Texas
	military forces shall take and subscribe an oath prescribed by the
	adjutant general.
	Sec. 437.206.  COMMISSIONS. (a)  An initial state
	commission in the Texas military forces must be:
	(1)  in the name and by authority of this state;
	(2)  sealed with the state seal;
	(3)  signed by the governor and attested by the
	secretary of state;
	(4)  recorded by the Texas military forces; and
	(5)  conferred without fee.
	(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.
	(c)  The governor may confer on an officer in active service
	in the Texas military forces who has previously served in the forces
	of the United States during a war a brevet of a grade equal to the
	highest grade in which the officer previously served.
	(d)  A commission under Subsection (b) or (c) carries only
	the privileges or rights allowed for similar commissions in the
	military service of the United States.
	(e)  The governor, without examination, may appoint and
	confer a brevet of second lieutenant on an enlisted service member
	who has served well and faithfully in the Texas military forces for
	25 years or more.  The service member shall immediately be placed on
	the retired list.
	(f)  The governor may delegate the powers granted by this
	section to the adjutant general.
	Sec. 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.
	Sec. 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.
	Sec. 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.
	Sec. 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.
	Sec. 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.
	Sec. 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 volunteer in the Texas State Guard 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 90 days
	is eligible to participate in the state group benefits program
	under Chapter 1551, Insurance Code, to purchase health or dental
	insurance coverage, subject to the following requirements:
	(1)  the participant must be a member of the Texas State
	Guard at the time of enrollment in the group benefits program;
	(2)  the participant must pay the full cost of health or
	dental insurance coverage under the group benefits program and may
	not receive a state contribution for premiums; and
	(3)  an application under this subsection for group
	benefit health or dental insurance coverage must be submitted in
	accordance with procedures established by the Employees Retirement
	System of Texas.
	(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 Texas State
	Guard may use to elect to participate in the state group benefits
	program; and
	(2)  an appropriate method to annually confirm
	continuing eligibility to participate in the group benefits
	program.
	(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.
	Sec. 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, as that law
	existed on April 1, 2003; and
	(2)  in the military service of the United States as
	provided by 50 App. U.S.C. Sections 501-536, 560, and 580-594, as
	that law existed on April 1, 2003.
	Sec. 437.214.  MILITARY FUNERALS AND HONORS. (a)  On the
	request of a person listed in Subsection (b), the Texas military
	forces may provide a military funeral and honor service for a
	decedent who served in the Texas military forces.
	(b)  The following persons may request a military funeral and
	honor service from the Texas military forces:
	(1)  the decedent's spouse;
	(2)  the decedent's adult children, if there is no
	spouse;
	(3)  the decedent's parents, if there is no spouse or
	adult child;
	(4)  the decedent's brothers or sisters, if there is no
	spouse, adult child, or parent; or
	(5)  the executor or administrator of the decedent's
	estate, if there is no spouse, adult child, parent, or brother or
	sister.
	(c)  A service member is not eligible for a military funeral
	and honor service under this section if the service member is
	eligible for a military funeral and honor service under federal
	law.
	(d)  The Texas military forces shall model the military
	funeral and honor service after the service provided by the federal
	government.
	Sec. 437.215.  GRAVE MARKERS FOR STATE MILITARY PERSONNEL.
	(a)  On the request of a person listed in Subsection (b), the
	department shall provide a grave marker for a decedent who served in
	the Texas military forces.
	(b)  The grave marker may be requested from the department by
	a person described by Section 437.214(b).
	(c)  A service member is not eligible for a grave marker
	under this section if the service member is eligible for a grave
	marker under federal law.
	(d)  The department shall model the grave markers after the
	grave markers provided by the federal government.
	(e)  The department shall publish information about its
	grave marker program on the department's Internet website.
	Sec. 437.216.  SERVICE REFERRAL PROGRAM. (a)  The Texas
	military forces shall develop a program to provide referrals to
	service members for reintegration services.
	(b)  The program shall:
	(1)  identify and make referrals to community-based
	organizations that have existing programs that provide
	reintegration services to service members and their families;
	(2)  focus on early intervention and appropriate
	referral to promote the health of service members and the children
	and other family members of the service members;
	(3)  promote family cohesion and sustainability;
	(4)  be based on evidence-based best practices related
	to meeting the needs of service members and the children and other
	family members of the service members;
	(5)  be provided, when appropriate, in a community
	setting through peer counseling and other means effective for
	community outreach;
	(6)  use existing service delivery facilities,
	including churches, National Guard Bureau family education
	facilities, and veterans centers and support facilities;
	(7)  use community-based and faith-based
	organizations;
	(8)  be developed and administered in a manner that
	promotes collaboration of service providers and results in the
	referral of service members, their children, and other family
	members to the appropriate federal, state, and community services
	for which they are eligible; and
	(9)  provide information and referral services
	regarding the risks and consequences of trauma, including
	post-traumatic stress disorder, traumatic brain injury, and other
	conditions for which service members are at risk.
	(c)  The Texas military forces shall ensure that:
	(1)  each person who provides referrals to service
	members under the referral program has received sufficient training
	to ensure that service members receive accurate information; and
	(2)  service members are notified in a timely manner
	about the service referral program.
	(d)  In developing the referral program, the Texas military
	forces shall consult with the National Guard Bureau, the United
	States Veterans Health Administration, the Health and Human
	Services Commission, the Texas A&M Health Science Center College of
	Medicine, and The University of Texas Health Science Center at San
	Antonio.
	Sec. 437.217.  EXEMPTION FROM FEES FOR DEPLOYED MILITARY
	PERSONNEL. (a)  A member of the National Guard on federal active
	duty, or a member of the armed forces of the United States on active
	duty, who is preparing to be deployed to serve in a hostile fire
	zone as designated by the United States secretary of defense is
	exempt from paying the following state or local governmental fees
	the member incurs because of the deployment to arrange the member's
	personal affairs:
	(1)  fees for obtaining copies of:
	(A)  a birth certificate;
	(B)  a recorded marriage license;
	(C)  a divorce decree;
	(D)  a child support order;
	(E)  guardianship documents; and
	(F)  property tax records;
	(2)  fees for issuing a marriage license or duplicate
	marriage license; and
	(3)  fees for transferring title to real or personal
	property.
	(b)  The governmental entity responsible for collecting a
	fee described by Subsection (a) may rely on a letter issued by the
	commander of the service member's unit for purposes of providing an
	exemption under Subsection (a).
	Sec. 437.218.  TAX EXEMPTION. (a)  An officer or enlisted
	service member in the Texas military forces who complies with the
	service member's military duties as prescribed by this chapter is
	exempt from payment of a road or street tax.
	(b)  To obtain the exemption, a service member must file in
	the county tax assessor-collector's office an affidavit, sworn to
	before a notary public or other person authorized to administer
	oaths in this state, in the following form:
	"I, __________, do hereby solemnly swear or affirm that I am a
	service member in good standing of the Texas military forces of the
	State of Texas.
	Subscribed to and sworn to before me this ______ day of
	__________, ______
	SEAL
	________________________
	________________________
	Notary Public in and for
	__________ County, Texas"
	(c)  The county tax assessor-collector may rely on a letter
	issued by the commander of the service member's unit for purposes of
	providing the exemption under this section.
	Sec. 437.219.  COMPENSATION. (a)  Except as provided by
	Section 437.220, a member of the Texas military forces who performs
	training or other military duty under authority of the United
	States Code may not receive pay or allowances from this state for
	that duty.
	(b)  When orders are issued for state active duty or state
	training or other duty, a National Guard service member of the Texas
	military forces performing the duty or training is entitled, during
	the period of the duty or training, to receive pay and allowances as
	provided by law for the United States armed forces.  Pay is a
	stipend for duty or training and is salary or base pay.  The pay may
	not be reduced because of food, shelter, or transportation that
	this state pays or furnishes in connection with the duty or
	training.
	(c)  The 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 adjutant
	general may not exceed the meal and lodging rate set by the
	comptroller by more than $25 per day.  The department shall publish
	information about the established pay rates on the department's
	Internet website.
	(d)  Duty or training by volunteers in the Texas State Guard
	without pay is considered for insurance and state coverage purposes
	as if it were duty or training for pay.
	Sec. 437.220.  SUPPLEMENTAL DUTY PAY FOR ECONOMIC HARDSHIP.
	(a)  A person who is called to military duty as a member of the
	Texas National Guard in the service of this state or the United
	States by proper federal or state authority and who suffers an
	economic hardship as a result of serving on military duty is
	eligible to receive supplemental pay for serving in accordance with
	this section.  Payment under this subsection is subject to the
	availability of funds.
	(b)  The comptroller shall establish the Texas National
	Guard members' supplemental military duty pay account in the
	general revenue fund.  Money in the account may be appropriated only
	for purposes of implementing this section.  The comptroller,
	governor, or adjutant general may accept gifts and grants for
	deposit to the credit of the account.  The legislature may transfer
	money into the account or may appropriate money to implement this
	section and the comptroller shall credit that money to the account.
	(c)  A member of the Texas National Guard described by
	Subsection (a) is eligible to receive supplemental pay under this
	section in an amount not to exceed the lesser of:
	(1)  the amount required to alleviate the economic
	hardship the member suffers as a result of serving on active duty;
	and
	(2)  the difference between the amount of income that
	the member has lost from civilian employment as a result of being
	called to military duty and the amount of military pay and
	allowances the member receives from state or federal sources while
	on military duty.
	(d)  The adjutant general shall determine whether a member is
	eligible to receive supplemental pay under this section and the
	amount of supplemental pay a member may receive.  In determining the
	amount, the adjutant general shall consider the total amount that
	is available for supplemental pay during a period and the probable
	total need for supplemental pay during that period.
	(e)  The adjutant general may adopt regulations to implement
	this section, including regulations that prescribe the procedure
	for requesting supplemental pay and that prescribe evidence a
	member may or must present to demonstrate hardship.  The
	comptroller, in consultation with the adjutant general, may adopt
	rules to govern the manner and method of paying supplemental pay
	under this section.
	Sec. 437.221.  OTHER DUTY AND COMMUNITY SERVICE MISSIONS.
	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.
	Sec. 437.222.  LIABILITY OF SERVICE MEMBER. (a)  A service
	member of the Texas military forces ordered into service of this
	state by proper authority is not personally liable in the person's
	private capacity for any act performed or for any contract or other
	obligation entered into or undertaken in an official capacity in
	good faith and without intent to defraud in connection with the
	administration, management, or conduct of the department in
	business, programs, or other related affairs, under the limited
	waiver of governmental immunity provided by the Texas Tort Claims
	Act (Chapter 101, Civil Practice and Remedies Code).
	(b)  If a suit is instituted against a service member of the
	Texas military forces for an act of the service member in the
	service member's official capacity in the discharge of duty or
	against a person acting under the authority, order, or lawfully
	issued warrant of the service member, the court shall require the
	plaintiff to file security for the payment of court costs that may
	be awarded to the defendant.  The defendant in the case may make a
	general denial and give the special matter in evidence.  If the
	plaintiff is nonsuited or the verdict or judgment is against the
	plaintiff, the defendant is entitled to recover three times the
	court costs.
	(c)  If a service member of the Texas military forces is sued
	for injury to a person or property occurring in the performance of
	or an attempt to perform a duty required by law, the court shall
	remove venue of the case to a court in another county not subject to
	disqualification if:
	(1)  the defendant applies for the removal; and
	(2)  the application is supported by affidavit of two
	credible persons stating that they have good reason to believe the
	defendant cannot have a fair and impartial trial before the court.
	Sec. 437.223.  EXEMPTION FROM ARREST. (a)  A member of the
	Texas military forces may not be arrested, except for treason,
	felony, or breach of the peace, while the person is going to or
	coming from a place that the person was required to be for military
	duty.
	(b)  This section does not prevent a peace officer from
	issuing a traffic summons or citation to appear in court at a later
	date that does not conflict with the member's duty hours.
	Sec. 437.224.  VOTING. (a)  A unit, force, division, or
	command of the Texas military forces that is engaged in regular
	training on a day on which a primary, general, or special election
	for a state or federal office is held shall provide time off or
	arrange duty hours to permit all personnel to vote in the election.
	(b)  This section does not apply during war, invasion,
	insurrection, riot, or tumult, during imminent danger of one of
	those situations, or during annual active duty for training not
	exceeding 15 days.
	Sec. 437.225.  DISCHARGE. (a)  A service member may be
	discharged from the Texas military forces according to regulations
	adopted by the adjutant general or by federal law or regulations.
	(b)  On termination of the appointment of an officer or
	enlistment of an enlisted service member in the Texas military
	forces, the officer or enlisted service member shall be given a
	certificate of discharge stating the character of the person's
	service.
	Sec. 437.226.  ASSISTANCE FOR TUITION AND FEES. (a)  In
	this section, "institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(b)  To be eligible for assistance for tuition and mandatory
	fees under this section, a person must:
	(1)  be a service member in good standing, as certified
	by the adjutant general, of the Texas military forces who is:
	(A)  an enlisted member;
	(B)  a warrant officer of a grade from Warrant
	Officer One through Chief Warrant Officer Three; or
	(C)  a commissioned officer of a grade from Second
	Lieutenant through Lieutenant Colonel; and
	(2)  meet any additional qualification established by
	the adjutant general to carry out the purposes of this section or to
	further the institutional needs of the Texas military forces.
	(c)  The adjutant general shall grant assistance for tuition
	and mandatory fees under this section to eligible service members,
	in an amount not to exceed the amount provided in the General
	Appropriations Act.  The adjutant general may apportion the number
	of assistance awards among the components of the Texas military
	forces necessary to meet the recruitment and retention needs of
	those components.  The number of assistance awards made to members
	of the Texas State Guard may not exceed 30 for any semester unless
	the adjutant general finds a compelling need for additional awards
	to members of the Texas State Guard.
	(d)  Assistance for tuition and mandatory fees may be awarded
	under this section for tuition and mandatory fees charged for any
	undergraduate or graduate course at an institution of higher
	education or private or independent institution of higher
	education, including a vocational or technical course.
	(e)  A service member may not receive assistance for tuition
	under this section for more than 12 semester credit hours in any
	semester.
	(f)  A service member may not receive assistance for tuition
	and mandatory fees under this section for more than 5 academic years
	or 10 semesters, whichever occurs first for the service member.
	(g)  Before each semester, the department must certify to the
	appropriate public and private institutions of higher education a
	list of the service members to whom the adjutant general has awarded
	assistance for tuition and mandatory fees under this section for
	that semester.  The amount of assistance awarded by the adjutant
	general under this section may not exceed the amount of money
	available to fund the assistance awards.
	(h)  From money appropriated for purposes of this section,
	the department shall authorize the comptroller to reimburse an
	institution of higher education in an amount equal to the amount of
	the exemption from tuition and mandatory fees the institution
	grants to a person under Section 54.345, Education Code.
	(i)  From money appropriated for purposes of this section,
	the department shall authorize the comptroller to make a grant to a
	service member attending a private or independent institution of
	higher education to whom the adjutant general has awarded
	assistance for tuition and mandatory fees for the semester under
	this section.  The amount of a grant under this subsection is an
	amount equal to the average amount of reimbursement the department
	estimates will be paid per student for the same semester under
	Subsection (h).
	Sec. 437.227.  COMPENSATION FOR DEATH OR INJURY.  A member of
	the Texas military forces who is on state active duty, on state
	training or other duty, or traveling to or from the member's duty
	location and who is killed or injured while engaged in authorized
	duty, training, or travel is entitled to receive compensation and
	protections under Title 5, Labor Code.
	Sec. 437.228.  ISSUANCE AND USE OF UNIFORM AND OTHER
	MILITARY PROPERTY. (a)  A service member to whom the department
	issues a uniform or other military property shall give a receipt for
	the uniform or property.  The adjutant general shall prescribe the
	manner in which the uniform and property shall be accounted for and
	kept.
	(b)  The uniform or other property may be used only for
	military purposes.  An officer or enlisted service member of the
	Texas military forces who is responsible for public property may
	not lend the property for private use or permit it to be used for a
	purpose for which it was not intended.
	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.
	(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.
	Sec. 437.230.  EXEMPTION FROM LEVY AND SALE. Arms,
	equipment, clothing, and other military supplies issued by the
	department to units or service members of the Texas military forces
	for military purposes are exempt from levy and sale because of
	execution for debt or other legal proceedings.
	Sec. 437.231.  SEIZURE. (a)  On a finding by the adjutant
	general that a person unlawfully possesses, and refuses or fails to
	deliver up, arms, equipment, or other military property issued by
	the department 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 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.
	SUBCHAPTER F.  TEXAS NATIONAL GUARD
	Sec. 437.251.  COMPOSITION. The Texas National Guard may
	not exceed half of one percent of the population of the state except
	in case of war, insurrection, or invasion, the prevention of
	invasion, the suppression of riot, or the aiding of civil
	authorities to execute state law.
	Sec. 437.252.  LOCAL GOVERNMENTAL ASSISTANCE. Funds, other
	property, or services may be donated to a unit of the Texas National
	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.
	Sec. 437.253.  PROPERTY FORFEITURE. When the National Guard
	Counterdrug Program assists a federal law enforcement agency in
	enforcing drug laws, the National Guard Counterdrug Program is
	considered to be a law enforcement agency of this state for the
	purpose of participating in the sharing of property seized or
	forfeited to the United States under federal law.
	Sec. 437.254.  EMPLOYEES IN TEXAS MILITARY FORCES; EMERGENCY
	LEAVE.  (a)  A state employee called to state active duty as a
	member of the Texas military forces 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.
	(b)  A state employee called to federal active duty for the
	purpose of providing assistance to civil authorities in a declared
	emergency or for training for that purpose is entitled to receive
	paid emergency leave for not more than 22 workdays without loss of
	military leave under Section 437.202 or annual leave.
	(c)  The duty or training under Subsection (b) does not
	include duty or training carried out under Section 437.202.
	SUBCHAPTER G.  TEXAS STATE GUARD
	Sec. 437.301.  COMMANDER.  The commander of the Texas State
	Guard 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;
	(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.
	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)  must be at least 18 years of age and not older than
	70 years of age;
	(4)  must undergo a criminal history check;
	(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.
	Sec. 437.303.  GOVERNOR'S AUTHORITY. (a)  The governor has
	full control and authority over the Texas State Guard.
	(b)  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)  The governor may delegate the powers granted by this
	section to the adjutant general.
	Sec. 437.304.  ASSISTANCE. (a)  Funds or other property or
	services may be solicited by or donated to 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 assistance solicited or received under this section
	is governed by the policies and regulations adopted by the adjutant
	general.
	Sec. 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. 437.306.  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. 437.307.  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. 437.308.  RECORDS; ARMS; EQUIPMENT. (a)  The 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 adjutant general if
	delegated the authority by the governor, shall make available to
	the Texas State Guard state armories and available state property.
	Sec. 437.309.  TEXAS STATE GUARD HONORARY RESERVE. (a)  The
	governor, or 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 adjutant general
	may advance the service member one grade or rank at the time of the
	transfer into the honorary reserve.
	Sec. 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; and
	(3)  depository interest and investment income earned
	on money in the fund.
	(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 1.02.  Subchapter J, Chapter 431, Government Code,
	is transferred to Chapter 437, Government Code, as added by this
	Act, redesignated as Subchapter H, Chapter 437, Government Code,
	and amended to read as follows:
	SUBCHAPTER H [J].  AWARDS
	Sec. 437.351 [431.131].  TEXAS LEGISLATIVE MEDAL OF HONOR.
	(a)  The Texas Legislative Medal of Honor shall be awarded to a
	member of the state or federal military forces designated by
	concurrent resolution of the legislature who voluntarily performs a
	deed of personal bravery or self-sacrifice involving risk of life
	that is so conspicuous as to clearly distinguish the service member
	[person] for gallantry and intrepidity above the service member's
	[person's] comrades. Awarding of the medal shall be considered on
	the standard of extraordinary merit. The medal may be awarded only
	on incontestable proof of performance of the deed. To be eligible
	for the Texas Legislative Medal of Honor, a service member [person]
	must:
	(1)  have been born in this state;
	(2)  reside in this state or have been a resident of
	this state on the service member's [person's] death; or
	(3)  have been a resident of this state when the service
	member [person] entered military service.
	(b)  A service member [person] is not ineligible for the
	Texas Legislative Medal of Honor because the service member
	[person] has received any other medal or award for military
	service, including a medal or award made by the United States.
	(c)  To receive the Texas Legislative Medal of Honor, a
	service member [person] must be nominated during a regular session
	of the legislature by majority vote of all the members of a
	nominating committee consisting of:
	(1)  the adjutant general or the adjutant general's
	designated representative;
	(2)  the lieutenant governor or the lieutenant
	governor's designated representative;
	(3)  the speaker of the house of representatives or the
	speaker's designated representative; and
	(4)  the chair of the standing committee of each house
	of the legislature with primary jurisdiction over military and
	veterans affairs.
	(d)  The legislature by concurrent resolution may direct the
	governor to award the Texas Legislative Medal of Honor to a service
	member [person] nominated by the nominating committee. The
	committee chairs serving on the nominating committee shall jointly
	prepare a concurrent resolution directing the governor to award the
	medal to a service member [person] nominated. The legislature may
	direct the medal to be awarded only during a regular session and may
	not, during a regular session, direct the medal to be awarded to
	more than:
	(1)  one service member for service in the state or
	federal military forces during the period beginning after 1835 but
	before 1956; and
	(2)  one service member for service in the state or
	federal military forces after 1955 [person during a regular
	session].
	Sec. 437.352 [431.132].  LONE STAR MEDAL OF VALOR. The Lone
	Star Medal of Valor shall be awarded to a member of the military
	forces of this state, another state, or the United States who
	performs specific acts of bravery or outstanding courage, or who
	performs within an exceptionally short period a closely related
	series of heroic acts, if the acts involve personal hazard or danger
	and the voluntary risk of life and result in an accomplishment so
	exceptional and outstanding as to clearly set the person apart from
	the person's comrades or from other persons in similar
	circumstances. Awarding of the medal requires a lesser degree of
	gallantry than awarding of the Texas Legislative Medal of Honor,
	but requires that the acts be performed with marked distinction.
	[Sec.   431.133.     LONE STAR DISTINGUISHED SERVICE MEDAL. The
	Lone Star Distinguished Service Medal 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 the
	state in performance of a duty of great responsibility while
	serving with the state military forces.
	[Sec.   431.134.     OTHER AWARDS. (a)     The adjutant general may
	adopt rules and regulations relating to the:
	[(1)     Texas Faithful Service Medal, which shall be
	awarded to a member of the state military forces who has completed
	five years of honorable service during which the person has shown
	fidelity to duty, efficient service, and great loyalty to the
	state;
	[(2)     Federal Service Medal, which shall be awarded to
	a person who was inducted into federal service from the state
	military forces between June 15, 1940, and January 1, 1946, or after
	June 1, 1950, if the service was for more than 90 days;
	[(3)     Texas Medal of Merit, which may be presented to a
	member of the military forces of this state, another state, or the
	United States who performs outstanding service or attains
	extraordinary achievement in behalf of the state or United States;
	[(4)     Texas Outstanding Service Medal, which may be
	presented to a member of the military forces of this state, another
	state, or the United States who has performed service in a superior
	and clearly outstanding manner;
	[(5)     Texas State Guard Service Medal, which shall be
	awarded to a person who completes three consecutive years of
	honorable service in the Texas State Guard during which the person
	has shown fidelity to duty, efficient service, and great loyalty to
	the state;
	[(6)     Texas Desert Shield/Desert Storm Campaign Medal,
	which shall be awarded to a person 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 person was deployed while
	serving on active federal military duty;
	[(7)     Texas Humanitarian Service Medal, which shall be
	awarded to a person who:
	[(A)     does not meet the criteria for an award of
	the federal Humanitarian Service Medal;
	[(B)     is a member of the state military forces;
	and
	[(C)     while serving on state active duty or active
	duty under state authority in accordance with Title 32 of the 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;
	[(8)     Texas Cavalry Medal, which shall be awarded to a
	person who:
	[(A)     served on or after September 11, 2001, in
	the 124th Cavalry, Texas Army National Guard; and
	[(B)     served in a hostile fire zone as designated
	by the United States secretary of defense;
	[(9)     Texas Combat Service Ribbon, which shall be
	awarded to a 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;
	[(10)     Texas Purple Heart Medal, which shall be awarded
	to a person who, after September 11, 2001:
	[(A)     was inducted into federal service from the
	Texas National Guard; and
	[(B)     meets the criteria for an award of the
	federal Purple Heart Medal;
	[(11)     Texas Superior Service Medal, which shall be
	awarded to:
	[(A)     a member of the state 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 state military forces;
	[(12)     Texas Homeland Defense Service Medal, which
	shall be awarded to a member of the state 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 of the United States
	Code; and
	[(C)     satisfactorily in defense support to a
	mission in the state under civilian authority;
	[(13)     Texas Iraqi Campaign Medal, which shall be
	awarded to a person who was inducted into federal service from the
	Texas National Guard, without regard to the place that the person
	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; and
	[(14)     Texas Afghanistan Campaign Medal, which shall be
	awarded to a person 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 person was
	deployed while serving on active federal military duty.
	[(b)     A member of the state military forces or a civilian
	described by Subsection (a)(11) may be awarded the Texas Superior
	Service Medal only one time.]
	Sec. 437.353 [431.135].  RECOMMENDATIONS.  (a)  A
	recommendation for award of the Texas Legislative Medal of Honor
	or[,] Lone Star Medal of Valor[, or Lone Star Distinguished Service
	Medal] shall be forwarded through military channels to the adjutant
	general. An individual having personal knowledge of an act or
	achievement or exceptional service believed to warrant the award of
	one of these medals may submit a letter of recommendation to the
	adjutant general.
	(b)  A letter of recommendation for award of the Texas
	Legislative Medal of Honor or Lone Star Medal of Valor must give an
	account of the occurrence and statements of eyewitnesses, extracts
	from official records, sketches, maps, diagrams, or photographs to
	support and amplify the stated facts.
	(c)  [A letter of recommendation for award of the Lone Star
	Distinguished Service Medal must give an account of the exceptional
	service or achievement, facts, and extracts from official documents
	and photographs to support and amplify the facts.
	[(d)]  If the adjutant general determines that a case meets
	the criteria established by Section 437.352 [this subchapter] for
	award of the Lone Star Medal of Valor [the awarding of one of these
	medals], the adjutant general shall by endorsement recommend to the
	governor the awarding of the [appropriate] medal.
	Sec. 437.354 [431.136].  AWARDING. The governor awards the
	Texas Legislative Medal of Honor as directed by the legislature
	under Section 437.351 [431.131].  The governor awards the Lone Star
	Medal of Valor[, Lone Star Distinguished Service Medal, or any
	other award authorized by this subchapter] on recommendation of the
	adjutant general.
	Sec. 437.355.  OTHER AWARDS. (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, after September 11, 2001:
	(A)  was inducted into federal service from the
	Texas National Guard; and
	(B)  meets the criteria for an award of the
	federal Purple Heart Medal;
	(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 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 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 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; and
	(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.
	(b)  A person may be awarded only one Texas Superior Service
	Medal.
	Sec. 437.356 [431.137].  POSTHUMOUS AWARDS. An award may be
	made to a person who has died in the same manner as an award to a
	living person, except the orders and citation must indicate that
	the award is made posthumously.
	Sec. 437.357 [431.138].  DESIGN; RIBBONS. (a)  The
	department [adjutant general] shall design and have manufactured
	the medals, awards, decorations, and ribbons awarded under this
	subchapter and others that the adjutant general has approved for
	award.
	(b)  The department 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 [rules and]
	regulations prescribing when a ribbon may be appropriately worn
	instead of the medal it symbolizes.
	SECTION 1.03.  Subchapter K, Chapter 431, Government Code,
	is transferred to Chapter 437, Government Code, as added by this
	Act, redesignated as Subchapter I, Chapter 437, Government Code,
	and amended to read as follows:
	SUBCHAPTER I [K].  ADMINISTRATIVE REVIEW AND JUDICIAL ENFORCEMENT
	Sec. 437.401 [431.151].  DEFINITIONS.  In this subchapter:
	(1)  "Commission" means the Texas Workforce Commission
	civil rights division.
	(2)  "Complainant" means an individual who brings an
	action or proceeding under this subchapter.
	(3)  "Respondent" means the person charged in a
	complaint filed under this subchapter.
	Sec. 437.402 [431.152].  FILING OF COMPLAINT; FORM AND
	CONTENT; SERVICE. (a)  A person claiming to be aggrieved by an
	unlawful employment practice under Section 437.204 [431.006] or the
	person's agent may file a complaint with the commission.
	(b)  The complaint must be in writing and made under oath.
	(c)  The complaint must state:
	(1)  that an unlawful employment practice under Section
	437.204 [431.006] has been committed;
	(2)  the facts on which the complaint is based,
	including the date, place, and circumstances of the alleged
	unlawful employment practice; and
	(3)  facts sufficient to enable the commission to
	identify the respondent.
	(d)  The commission shall serve the respondent with a copy of
	the perfected complaint not later than the 10th day after the date
	the complaint is filed.
	(e)  A complaint may be amended to cure technical defects or
	omissions, including a failure to verify the complaint or to
	clarify and amplify an allegation made in the complaint.
	(f)  An amendment to a complaint alleging additional facts
	that constitute an unlawful employment practice under Section
	437.204 [431.006] relating to or arising from the subject matter of
	the original complaint relates back to the date the complaint was
	first received by the commission.
	Sec. 437.403 [431.153].  ALTERNATIVE DISPUTE RESOLUTION.
	The use of alternative means of dispute resolution, including
	settlement negotiations, conciliation, facilitation, mediation,
	fact-finding, minitrials, and arbitration, is encouraged to
	resolve disputes arising under Section 437.204 [431.006].  The
	settlement of a disputed claim under this subchapter that results
	from the use of traditional or alternative means of dispute
	resolution is binding on the parties to the claim.
	Sec. 437.404 [431.154].  INVESTIGATION BY COMMISSION.  The
	commission shall investigate a complaint arising under Section
	437.204 [431.006] and determine if there is reasonable cause to
	believe that the respondent engaged in an unlawful employment
	practice as alleged in the complaint.
	Sec. 437.405 [431.155].  LACK OF REASONABLE CAUSE;
	DISMISSAL OF COMPLAINT. (a)  If, after investigation, the
	commission determines that reasonable cause does not exist to
	believe that the respondent engaged in an unlawful employment
	practice under Section 437.204 [431.006] as alleged in a complaint,
	the commission shall issue a written determination incorporating
	the finding that the evidence does not support the complaint and
	dismissing the complaint.
	(b)  The commission shall serve a copy of the determination
	on the complainant, the respondent, and other agencies as required
	by law.
	Sec. 437.406 [431.156].  DETERMINATION OF REASONABLE CAUSE;
	REVIEW BY PANEL.  If, after investigation, the commission
	determines that there is reasonable cause to believe that the
	respondent engaged in an unlawful employment practice under Section
	437.204 [431.006] as alleged in a complaint, the commission shall:
	(1)  issue a written determination incorporating the
	finding that the evidence supports the complaint; and
	(2)  serve a copy of the determination on the
	complainant, the respondent, and other agencies as required by law.
	Sec. 437.407 [431.157].  RESOLUTION BY INFORMAL METHODS.
	(a)  If a determination of reasonable cause is made, the commission
	shall endeavor to eliminate the alleged unlawful employment
	practice arising under Section 437.204 [431.006] by informal
	methods of conference, conciliation, and persuasion.
	(b)  Without the written consent of the complainant and
	respondent, the commission, its executive director, or its other
	officers or employees may not disclose to the public information
	about the efforts in a particular case to resolve an alleged
	unlawful employment practice by conference, conciliation, or
	persuasion, regardless of whether there is a determination of
	reasonable cause.
	Sec. 437.408 [431.158].  NOTICE OF DISMISSAL OR UNRESOLVED
	COMPLAINT.  If the commission dismisses a complaint or does not
	resolve the complaint, the commission shall inform the complainant
	of the dismissal or failure to resolve the complaint in writing by
	certified mail.
	Sec. 437.409 [431.159].  TEMPORARY INJUNCTIVE RELIEF.
	(a)  If the commission concludes from a preliminary investigation
	of an unlawful employment practice arising under Section 437.204
	[431.006] alleged in a complaint that prompt judicial action is
	necessary, the commission shall file a petition seeking appropriate
	temporary relief against the respondent pending final
	determination of a proceeding under this subchapter.
	(b)  The petition shall be filed in a district court in a
	county in which:
	(1)  the alleged unlawful employment practice that is
	the subject of the complaint occurred; or
	(2)  the respondent resides.
	(c)  A court may not issue temporary injunctive relief unless
	the commission shows:
	(1)  a substantial likelihood of success on the merits;
	and
	(2)  irreparable harm to the complainant in the absence
	of the preliminary relief pending final determination on the
	merits.
	Sec. 437.410 [431.160].  CIVIL ACTION BY COMMISSION.
	(a)  The commission may bring a civil action against a respondent
	if:
	(1)  the commission determines that there is reasonable
	cause to believe that the respondent engaged in an unlawful
	employment practice under Section 437.204 [431.006]; and
	(2)  the commission's efforts to resolve the
	discriminatory practice to the satisfaction of the complainant and
	respondent through informal methods have been unsuccessful.
	(b)  The complainant may intervene in a civil action brought
	by the commission.
	Sec. 437.411 [431.161].  NOTICE OF COMPLAINANT'S RIGHT TO
	FILE CIVIL ACTION. (a)  A complainant who receives notice under
	Section 437.408 [431.158] that the complaint is dismissed or not
	resolved is entitled to request from the commission a written
	notice of the complainant's right to file a civil action.
	(b)  The complainant must request the notice in writing.
	(c)  The executive director of the commission may issue the
	notice.
	(d)  Failure of the executive director of the commission to
	issue the notice of a complainant's right to file a civil action
	does not affect the complainant's right under this subchapter to
	bring a civil action against the respondent.
	Sec. 437.412 [431.162].  CIVIL ACTION BY COMPLAINANT.
	Within 60 days after the date a notice of the right to file a civil
	action is received, the complainant may bring a civil action
	against the respondent.
	Sec. 437.413 [431.163].  COMMISSION'S INTERVENTION IN CIVIL
	ACTION BY COMPLAINANT.  After receipt of a timely application, a
	court may permit the commission to intervene in a civil action filed
	under Section 437.412 [431.162] if:
	(1)  the commission certifies that the case is of
	general public importance; and
	(2)  before commencement of the action, the commission
	issued a determination of reasonable cause to believe that Section
	437.204 [431.006] was violated.
	Sec. 437.414 [431.164].  ASSIGNMENT TO EARLY HEARING.  The
	court shall set an action brought under this subchapter for hearing
	at the earliest practicable date to expedite the action.
	Sec. 437.415 [431.165].  INJUNCTION; EQUITABLE RELIEF.
	(a)  On finding that a respondent engaged in an unlawful employment
	practice under Section 437.204 [431.006] as alleged in a complaint,
	a court may:
	(1)  prohibit by injunction the respondent from
	engaging in an unlawful employment practice under Section 437.204
	[431.006]; and
	(2)  order additional equitable relief as may be
	appropriate.
	(b)  Additional equitable relief may include:
	(1)  hiring or reinstating with or without back pay;
	(2)  upgrading an employee with or without pay; and
	(3)  paying court costs.
	(c)  Liability under a back pay award may not accrue for a
	date more than two years before the date a complaint is filed with
	the commission.  Interim earnings, workers' compensation benefits,
	and unemployment compensation benefits received operate to reduce
	the back pay otherwise allowable.
	Sec. 437.416 [431.166].  COMPENSATORY AND PUNITIVE DAMAGES.
	(a)  On finding that a respondent engaged in an intentional
	unlawful employment practice under Section 437.204 [431.006] as
	alleged in a complaint, a court may, as provided by this section,
	award:
	(1)  compensatory damages; and
	(2)  punitive damages.
	(b)  A complainant may recover punitive damages against a
	respondent, other than a respondent that is a governmental entity,
	if the complainant demonstrates that the respondent engaged in an
	unlawful employment practice under Section 437.204 [431.006] with
	malice or with reckless indifference to the state-protected rights
	of an aggrieved individual.
	(c)  Compensatory damages awarded under this section may not
	include:
	(1)  back pay;
	(2)  interest on back pay; or
	(3)  other relief authorized under Section 437.415(b)
	[431.165(b)].
	(d)  The sum of the amount of compensatory damages awarded
	under this section for future pecuniary losses, emotional pain,
	suffering, inconvenience, mental anguish, loss of enjoyment of
	life, and other nonpecuniary losses and the amount of punitive
	damages awarded under this section may not exceed, for each
	complainant:
	(1)  $50,000 in the case of a respondent that has fewer
	than 101 employees;
	(2)  $100,000 in the case of a respondent that has more
	than 100 and fewer than 201 employees;
	(3)  $200,000 in the case of a respondent that has more
	than 200 and fewer than 501 employees; and
	(4)  $300,000 in the case of a respondent that has more
	than 500 employees.
	(e)  For the purposes of Subsection (d), in determining the
	number of employees of a respondent, the requisite number of
	employees must be employed by the respondent for each of 20 or more
	calendar weeks in the current or preceding calendar year.
	Sec. 437.417 [431.167].  ATTORNEY'S FEES; COSTS. (a)  In a
	proceeding under this subchapter, a court may allow the prevailing
	party, other than the commission, a reasonable attorney's fee as
	part of the costs.
	(b)  The state, a state agency, or a political subdivision is
	liable for costs, including attorney's fees, to the same extent as a
	private person.
	(c)  In awarding costs and attorney's fees in an action or a
	proceeding under this subchapter, the court, in its discretion, may
	include reasonable expert fees.
	Sec. 437.418 [431.168].  COMPELLED COMPLIANCE.  If an
	employer fails to comply with a court order issued under this
	subchapter, a party to the action or the commission, on the written
	request of a person aggrieved by the failure, may commence
	proceedings to compel compliance with the order.
	Sec. 437.419 [431.169].  TRIAL DE NOVO. (a)  A judicial
	proceeding under this subchapter is by trial de novo.
	(b)  A commission finding, recommendation, determination, or
	other action is not binding on a court.
	ARTICLE 2.  TEXAS MILITARY CONFORMING CHANGES
	SECTION 2.01.  Subsection (a), Section 7.111, Education
	Code, is amended to read as follows:
	(a)  The board shall provide for the administration of high
	school equivalency examinations, including administration by the
	Texas Military Department [adjutant general's department] for
	students described by Subdivision (2)(C).  A person who does not
	have a high school diploma may take the examination in accordance
	with rules adopted by the board if the person is:
	(1)  over 17 years of age;
	(2)  16 years of age or older and:
	(A)  is enrolled in a Job Corps training program
	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
	et seq.), and its subsequent amendments;
	(B)  a public agency providing supervision of the
	person or having custody of the person under a court order
	recommends that the person take the examination; or
	(C)  is enrolled in the Texas Military
	Department's [adjutant general's department's] Seaborne ChalleNGe
	Corps; or
	(3)  required to take the examination under a justice
	or municipal court order issued under Article 45.054(a)(1)(C), Code
	of Criminal Procedure.
	SECTION 2.02.  Subsection (b), Section 411.121, Government
	Code, is amended to read as follows:
	(b)  The adjutant general is entitled to obtain from the
	department criminal history record information maintained by the
	department that relates to a person who is:
	(1)  a member of the Texas [state] military forces;
	(2)  an employee of the Texas Military Department
	[adjutant general's department];
	(3)  an applicant for enlistment in the Texas [state]
	military forces; or
	(4)  an applicant for employment with the Texas
	Military Department [adjutant general's department].
	SECTION 2.03.  Subsection (a), Section 421.021, Government
	Code, is amended to read as follows:
	(a)  The Homeland Security Council is composed of the
	governor or the governor's designee, the speaker of the house of
	representatives or the speaker's designee, the lieutenant governor
	or the lieutenant governor's designee, and one representative of
	each of the following entities, appointed by the single statewide
	elected or appointed governing officer, administrative head, or
	chair, as appropriate, of the entity:
	(1)  Department of Agriculture;
	(2)  office of the attorney general;
	(3)  General Land Office;
	(4)  Public Utility Commission of Texas;
	(5)  Department of State Health Services;
	(6)  Department of Information Resources;
	(7)  Department of Public Safety of the State of Texas;
	(8)  Texas Division of Emergency Management;
	(9)  Texas Military Department [adjutant general's
	department];
	(10)  Texas Commission on Environmental Quality;
	(11)  Railroad Commission of Texas;
	(12)  Texas [Strategic] Military Preparedness
	[Planning] Commission;
	(13)  Texas Department of Transportation;
	(14)  Commission on State Emergency Communications;
	(15)  Office of State-Federal Relations;
	(16)  secretary of state;
	(17)  Senate Committee on Veterans Affairs and Military
	Installations;
	(18)  Senate Committee on Agriculture, Rural Affairs
	[Transportation] and Homeland Security;
	(19) [(18)]  House Committee on Defense and Veterans'
	Affairs;
	(20)  House Committee on Homeland Security and Public
	Safety;
	(21) [(19)]  Texas Animal Health Commission;
	(22) [(20)  Texas Association of Regional Councils;
	[(21)]  Texas Commission on Law Enforcement Officer
	Standards and Education;
	(23) [(22)]  state fire marshal's office;
	(24) [(23)]  Texas Education Agency;
	(25) [(24)]  Texas Commission on Fire Protection;
	(26) [(25)]  Parks and Wildlife Department;
	(27) [(26)]  Texas A&M Forest Service; and
	(28) [(27)]  Texas Water Development Board.
	SECTION 2.04.  Subsection (a), Section 432.072, Government
	Code, is amended to read as follows:
	(a)  A person not subject to this chapter commits an offense
	if the person:
	(1)  has been duly subpoenaed to appear as a witness or
	to produce books and records before a military court or before a
	military or civil officer or peace officer designated to take a
	deposition to be read in evidence before a court;
	(2)  has been duly paid or tendered by the Texas
	military forces [adjutant general's department] the fees and
	mileage of a witness at the rates allowed to witnesses under Section
	432.192; and
	(3)  wilfully neglects or refuses to appear, qualify as
	a witness, testify, or produce evidence that the person may have
	been legally subpoenaed to produce.
	SECTION 2.05.  Subsection (a), Section 432.109, Government
	Code, is amended to read as follows:
	(a)  The Texas Court of Military Appeals[, located for
	administrative purposes only in the adjutant general's
	department,] consists of five judges appointed by the adjutant
	general on the advice and recommendation of the state judge
	advocate general for staggered six-year terms. A judge appointed
	to fill a vacancy occurring before the expiration of the term for
	which the judge's predecessor was appointed shall be appointed only
	for the unexpired term of his predecessor. The adjutant general, on
	the advice and recommendation of the state judge advocate general,
	shall appoint the chief judge of the court. A person is eligible
	for appointment to the court if the person:
	(1)  is a member of the State Bar of Texas;
	(2)  is a commissioned officer of the Texas [state]
	military forces, active or retired, or a retired commissioned
	officer in the reserves of the armed forces of the United States;
	and
	(3)  has been engaged in the active practice of law for
	at least five years and has at least five years' experience as a
	staff judge advocate, judge advocate, or legal officer with the
	Texas [state] military forces, except that the requirements of this
	subdivision are satisfied by equivalent experience or practice in
	the armed forces of the United States.
	SECTION 2.06.  Subsection (b), Section 432.192, Government
	Code, is amended to read as follows:
	(b)  A person not in the employ of this state and not
	belonging to its active military forces, who has been duly summoned
	to appear as a witness before a military court, is entitled to
	receive $50 a day for each day actually in attendance on the court,
	and 12 cents a mile for going from his place of residence to the
	place of trial or hearing, and 12 cents a mile for returning.
	Civilian witnesses will be paid by the Texas military forces
	[adjutant general's department].
	SECTION 2.07.  Section 432.194, Government Code, is amended
	to read as follows:
	Sec. 432.194.  EXPENSES OF ADMINISTRATION. The adjutant
	general may pay all expenses incurred in the administration of
	state military justice, including the expenses of courts-martial
	and expenses incurred under Sections 432.109, 432.184, and 432.192,
	from any funds appropriated to the Texas military forces [adjutant
	general's department].
	SECTION 2.08.  Section 434.153, Government Code, is amended
	to read as follows:
	Sec. 434.153.  COMPOSITION OF COUNCIL.  The council is
	composed of the executive head of the following agencies, or that
	person's designated representative:
	(1)  the Texas Veterans Commission;
	(2)  the Veterans' Land Board;
	(3)  the Texas Military Department [adjutant general's
	department];
	(4)  the Health and Human Services Commission; and
	(5)  the State Bar of Texas.
	SECTION 2.09.  Subsection (a), Section 1232.101, Government
	Code, is amended to read as follows:
	(a)  With respect to all bonds authorized to be issued by or
	on behalf of the Texas Military Department [adjutant general's
	department], Parks and Wildlife Department, Texas Agricultural
	Finance Authority, Texas Low-Level Radioactive Waste Disposal
	Authority, Midwestern State University, and Texas Southern
	University, the authority has the exclusive authority to act on
	behalf of those entities in issuing bonds on their behalf.  In
	connection with those issuances and with the issuance of refunding
	bonds on behalf of those entities, the authority is subject to all
	rights, duties, and conditions surrounding issuance previously
	applicable to the issuing entity under the statute authorizing the
	issuance.  A reference in an authorizing statute to the entity on
	whose behalf the bonds are being issued applies equally to the
	authority in its capacity as issuer on behalf of the entity.
	SECTION 2.10.  Subsection (d), Section 161.552, Health and
	Safety Code, is amended to read as follows:
	(d)  The department and commission shall develop and
	maintain the directory in collaboration with local, state, and
	national private and government organizations, including:
	(1)  the United States Veterans Health Administration;
	(2)  the United States Department of Defense;
	(3)  the Texas military forces [adjutant general's
	department];
	(4)  the Texas Veterans Commission; and
	(5)  other public and private national and
	community-based organizations that provide support to
	servicemembers and their families.
	SECTION 2.11.  Section 412.0128, Labor Code, is amended to
	read as follows:
	Sec. 412.0128.  CONFIDENTIALITY OF [INJURY] INFORMATION.
	Information in or derived from a workers' compensation claim file
	regarding an employee, and information in or derived from a risk
	management review related to facility security or continuity of
	operations of the Texas military forces, is confidential and may
	not be disclosed by the office except as provided by this subchapter
	or other law. Classified or sensitive information of the Texas
	military forces specifically preempted from disclosure by federal
	law retains the confidentiality protection provided by this section
	for all purposes, including disclosure to the office.
	SECTION 2.12.  Subsection (e), Section 31.156, Natural
	Resources Code, is amended to read as follows:
	(e)  In any year that the division will evaluate real
	property under the management and control of the Texas Military
	Department [adjutant general's department], the division shall
	notify the department before the division begins the evaluation.
	SECTION 2.13.  Subsection (d), Section 31.157, Natural
	Resources Code, is amended to read as follows:
	(d)  If under the Texas Military Department's [adjutant
	general's] report submitted as provided by Section 437.154
	[431.030], Government Code, the department [adjutant general]
	determines that real property under the management and control of
	the [adjutant general's] department is used for military purposes,
	the commissioner may not recommend a real estate transaction
	involving that real property in the final report submitted as
	provided by Subsection (e).
	SECTION 2.14.  Subsections (b), (c), and (d), Section
	74.404, Property Code, are amended to read as follows:
	(b)  A military award or decoration delivered to the
	comptroller under this chapter:
	(1)  may not be sold under Section 74.401 or destroyed;
	and
	(2)  shall be delivered by the comptroller to the Texas
	military forces [adjutant general's department].
	(c)  The Texas military forces [adjutant general's
	department] shall conduct a reasonable search of public records to
	locate the person to whom the military award or decoration was
	awarded. If the department cannot locate the person, the
	department shall attempt to locate the person's next of kin. If the
	department locates the person or the person's next of kin, the
	department shall deliver the award or decoration to the person or
	the person's next of kin, as applicable.
	(d)  If the Texas military forces [adjutant general's
	department] cannot locate the person to whom a military award or
	decoration was awarded or the person's next of kin, the award or
	decoration shall be held in trust for the comptroller at:
	(1)  a museum established by the department; or
	(2)  if no museum exists, any other public facility
	designated by the department.
	ARTICLE 3.  CONFORMING AMENDMENTS
	SECTION 3.01.  Subsection (a), Section 721.002, Business &
	Commerce Code, is amended to read as follows:
	(a)  A person commits an offense if the person uses, in an
	advertisement for a commercial purpose, the name of an individual
	who is an active duty or former member of the United States armed
	forces, who is a member or former member of a reserve component of
	the United States armed forces, or who is a member or former member
	of the state military forces, as defined by Section 437.001
	[431.001], Government Code, or a picture of the individual in
	uniform in which the individual is clearly identifiable, without
	obtaining the consent of:
	(1)  the individual, if the individual is living; or
	(2)  the individual's surviving spouse or personal
	representative or a majority of the individual's adult heirs, if
	the individual is deceased.
	SECTION 3.02.  Subsection (a), Section 54.345, Education
	Code, is amended to read as follows:
	(a)  For each semester, the adjutant general of the state
	military forces shall certify to institutions of higher education
	as described by Section 437.226 [431.090], Government Code,
	information identifying the persons to whom the adjutant general
	has awarded assistance for tuition and mandatory fees under that
	section.
	SECTION 3.03.  Subsection (a), Section 411.121, Government
	Code, is amended to read as follows:
	(a)  In this section:
	(1)  "Adjutant general" has the meaning assigned by
	Section 437.001 [431.022].
	(2)  "State military forces" has the meaning assigned
	by Section 437.001 [431.001].
	SECTION 3.04.  Subsection (a), Section 411.1881, Government
	Code, is amended to read as follows:
	(a)  Notwithstanding any other provision of this subchapter,
	a person may not be required to complete the range instruction
	portion of a handgun proficiency course to obtain or renew a
	concealed handgun license issued under this subchapter if the
	person:
	(1)  is currently serving in or is honorably discharged
	from:
	(A)  the army, navy, air force, coast guard, or
	marine corps of the United States or an auxiliary service or reserve
	unit of one of those branches of the armed forces; or
	(B)  the Texas [state] military forces, as defined
	by Section 437.001 [431.001]; and
	(2)  has, within the five years preceding the date of
	the person's application for an original or renewed license, as
	applicable, completed a course of training in handgun proficiency
	or familiarization as part of the person's service with the armed
	forces or Texas [state] military forces.
	SECTION 3.05.  Subsection (a), Section 411.1951, Government
	Code, is amended to read as follows:
	(a)  In this section, "veteran" means a person who:
	(1)  has served in:
	(A)  the army, navy, air force, coast guard, or
	marine corps of the United States;
	(B)  the Texas [state] military forces as defined
	by Section 437.001 [431.001]; or
	(C)  an auxiliary service of one of those branches
	of the armed forces; and
	(2)  has been honorably discharged from the branch of
	the service in which the person served.
	SECTION 3.06.  Section 418.006, Government Code, is amended
	to read as follows:
	Sec. 418.006.  CIVIL LIABILITY. An officer or employee of a
	state or local agency, or a volunteer acting at the direction of an
	officer or employee of a state or local agency, is considered for
	purposes of Section 437.222 [431.085] to be a member of the Texas
	[state] military forces ordered into active service of the state by
	proper authority and is considered to be discharging a duty in that
	capacity if the person is performing an activity related to
	sheltering or housing individuals in connection with the evacuation
	of an area stricken or threatened by disaster.
	SECTION 3.07.  Subsections (a), (b), and (d), Section
	421.061, Government Code, are amended to read as follows:
	(a)  An officer or employee of a state or local agency
	performing a homeland security activity or a volunteer performing a
	homeland security activity at the request or under the direction of
	an officer or employee of a state or local agency is considered for
	purposes of Section 437.222 [431.085] to be a member of the Texas
	[state] military forces ordered into active service of the state by
	proper authority and is considered to be discharging a duty in that
	capacity if:
	(1)  the officer, employee, or volunteer is performing
	the homeland security activity under procedures prescribed or
	circumstances described for the purpose of this section in the
	governor's homeland security strategy;
	(2)  in the case of a volunteer, the volunteer is acting
	within the course and scope of the request or direction of the
	officer or employee of the state or local agency; and
	(3)  in the case of an officer or employee of a state or
	local agency, the officer or employee is acting within the course
	and scope of the person's authority.
	(b)  A person described by Subsection (a) is not immune from
	civil liability under Section 437.222 [431.085] for damages
	resulting from the performance of a homeland security activity if,
	under the circumstances, the person's performance of the homeland
	security activity was wilfully or wantonly negligent or done with
	conscious indifference or reckless disregard for the safety of
	persons this chapter is intended to protect.
	(d)  This section does not affect the application of Section
	437.222 [431.085] on its own terms to a person who is a member of the
	Texas [state] military forces ordered into active service of the
	state by proper authority under other law.
	SECTION 3.08.  Section 661.903, Government Code, is amended
	to read as follows:
	Sec. 661.903.  NATIONAL GUARD EMERGENCY. A state employee
	who is called to state active duty as a member of the Texas [state]
	military forces by the governor because of an emergency is entitled
	to a leave of absence without a deduction in salary in accordance
	with Section 437.254 [431.0825]. A state employee who is called to
	federal active duty as a member of the Texas [state] military forces
	may not receive the employee's state salary except as provided by
	Sections 661.904(d) and (f) and 661.9041.
	SECTION 3.09.  Subsection (b), Section 1232.1025,
	Government Code, is amended to read as follows:
	(b)  After receiving a request under Section 437.153
	[431.0292 or 431.0302(c)], the board shall promptly issue and sell
	bonds in the name of the authority to provide the requested
	financing.
	SECTION 3.10.  Subdivision (2), Section 2308.251,
	Government Code, is amended to read as follows:
	(2)  "Veteran" means a person who:
	(A)  has served in:
	(i)  the army, navy, air force, coast guard,
	or marine corps of the United States or the United States Public
	Health Service under 42 U.S.C. Section 201 et seq., as amended;
	(ii)  the Texas [state] military forces as
	defined by Section 437.001 [431.001]; or
	(iii)  an auxiliary service of one of those
	branches of the armed forces; and
	(B)  has been honorably discharged from the branch
	of the service in which the person served.
	SECTION 3.11.  Subdivision (3), Section 161.551, Health and
	Safety Code, is amended to read as follows:
	(3)  "Servicemember" means [a resident of this state
	who is] a member or former member of the state military forces or a
	component of the United States armed forces, including a reserve
	component.  In this section, "state military forces" has the
	meaning assigned by Section 437.001 [431.001], Government Code.
	SECTION 3.12.  Subsections (d) and (e), Section 775.039,
	Health and Safety Code, are amended to read as follows:
	(d)  The differential pay provided by Subsection (a) begins
	when the benefits allowed under Section 437.202 [431.005],
	Government Code, are exhausted and continues until the employee's
	active military duty terminates.
	(e)  The board may extend the insurance benefits provided by
	the district to a district employee who is a member of the state
	military forces or a reserve component of the United States armed
	forces who is called to active duty and to the employee's
	dependents.  The extension period begins when the benefits allowed
	under Section 437.202 [431.005], Government Code, are exhausted and
	continues until the employee's active military duty terminates.
	SECTION 3.13.  Subsection (a), Section 1001.076, Health and
	Safety Code, is amended to read as follows:
	(a)  In this section, "veteran" means a person who:
	(1)  has served in:
	(A)  the army, navy, air force, coast guard, or
	marine corps of the United States;
	(B)  the state military forces as defined by
	Section 437.001 [431.001], Government Code; or
	(C)  an auxiliary service of one of those branches
	of the armed forces; and
	(2)  has been honorably discharged from the branch of
	the service in which the person served.
	SECTION 3.14.  Subsection (a), Section 408.0445, Labor Code,
	is amended to read as follows:
	(a)  For purposes of computing income benefits or death
	benefits under Section 437.227 [431.104], Government Code, the
	average weekly wage of a member of the state military forces as
	defined by Section 437.001 [431.001], Government Code, who is
	engaged in authorized training or duty is an amount equal to the sum
	of the member's regular weekly wage at any employment the member
	holds in addition to serving as a member of the state military
	forces, disregarding any period during which the member is not
	fully compensated for that employment because the member is engaged
	in authorized military training or duty, and the member's regular
	weekly wage as a member of the state military forces, except that
	the amount may not exceed 100 percent of the state average weekly
	wage as determined under Section 408.047.
	SECTION 3.15.  Subdivision (5), Section 501.001, Labor Code,
	is amended to read as follows:
	(5)  "Employee" means a person who is:
	(A)  in the service of the state pursuant to an
	election, appointment, or express oral or written contract of hire;
	(B)  paid from state funds but whose duties
	require that the person work and frequently receive supervision in
	a political subdivision of the state;
	(C)  a peace officer employed by a political
	subdivision, while the peace officer is exercising authority
	granted under:
	(i)  Article 2.12, Code of Criminal
	Procedure; or
	(ii)  Articles 14.03(d) and (g), Code of
	Criminal Procedure;
	(D)  a member of the state military forces, as
	defined by Section 437.001 [431.001], Government Code, who is
	engaged in authorized training or duty; or
	(E)  a Texas Task Force 1 member, as defined by
	Section 88.301, Education Code, who is activated by the Texas
	Division of Emergency Management or is injured during training
	sponsored or sanctioned by Texas Task Force 1.
	SECTION 3.16.  Subsection (a), Section 392.067, Local
	Government Code, is amended to read as follows:
	(a)  In this section, "veteran" means a person who has served
	on active duty in the armed forces of the United States or in the
	state military forces as defined by Section 437.001 [431.001],
	Government Code.
	SECTION 3.17.  Subdivision (1), Section 1804.001,
	Occupations Code, is amended to read as follows:
	(1)  "Veteran" means a person who has served on active
	duty in the armed forces of the United States or in the state
	military forces as defined by Section 437.001 [431.001], Government
	Code.
	SECTION 3.18.  Subdivision (2), Subsection (a), Section
	31.121, Parks and Wildlife Code, is amended to read as follows:
	(2)  "State military forces" has the meaning assigned
	by Section 437.001 [431.001], Government Code.
	SECTION 3.19.  Subdivision (2), Subsection (a), Section
	32.54, Penal Code, is amended to read as follows:
	(2)  "State military forces" has the meaning assigned
	by Section 437.001 [431.001], Government Code.
	SECTION 3.20.  Subsections (b), (d), and (f), Section 46.15,
	Penal Code, are amended to read as follows:
	(b)  Section 46.02 does not apply to a person who:
	(1)  is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 437.001 [431.001], Government Code, or as a guard employed
	by a penal institution;
	(2)  is traveling;
	(3)  is engaging in lawful hunting, fishing, or other
	sporting activity on the immediate premises where the activity is
	conducted, or is en route between the premises and the actor's
	residence, motor vehicle, or watercraft, if the weapon is a type
	commonly used in the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person is engaged in the
	performance of the person's duties as an officer commissioned under
	Chapter 1702, Occupations Code, or is traveling to or from the
	person's place of assignment and is wearing the officer's uniform
	and carrying the officer's weapon in plain view;
	(5)  acts as a personal protection officer and carries
	the person's security officer commission and personal protection
	officer authorization, if the person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6)  is carrying a concealed handgun and a valid
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a concealed handgun of the same category as the handgun the
	person is carrying;
	(7)  holds an alcoholic beverage permit or license or
	is an employee of a holder of an alcoholic beverage permit or
	license if the person is supervising the operation of the permitted
	or licensed premises; or
	(8)  is a student in a law enforcement class engaging in
	an activity required as part of the class, if the weapon is a type
	commonly used in the activity and the person is:
	(A)  on the immediate premises where the activity
	is conducted; or
	(B)  en route between those premises and the
	person's residence and is carrying the weapon unloaded.
	(d)  The provisions of Section 46.02 prohibiting the
	carrying of a firearm or carrying of a club do not apply to a public
	security officer employed by the adjutant general under Section
	437.053 [431.029], Government Code, in performance of official
	duties or while traveling to or from a place of duty.
	(f)  Section 46.03(a)(6) does not apply to a person who
	possesses a firearm or club while in the actual discharge of
	official duties as:
	(1)  a member of the armed forces or state military
	forces, as defined by Section 437.001 [431.001], Government Code;
	or
	(2)  an employee of a penal institution.
	SECTION 3.21.  Section 151.344, Tax Code, is amended to read
	as follows:
	Sec. 151.344.  POST EXCHANGES ON STATE MILITARY PROPERTY.
	(a)  A taxable item sold, leased, or rented to, or stored, used, or
	consumed by, a post exchange under Section 437.110 [431.040],
	Government Code, is exempt from the taxes imposed by this chapter.
	(b)  A taxable item sold, leased, or rented by a post
	exchange under Section 437.110 [431.040], Government Code, is
	exempt from the taxes imposed by this chapter.
	SECTION 3.22.  Subsection (a), Section 521.1235,
	Transportation Code, is amended to read as follows:
	(a)  In this section, "veteran" means a person who:
	(1)  has served in:
	(A)  the army, navy, air force, coast guard, or
	marine corps of the United States; or
	(B)  the Texas National Guard as defined by
	Section 437.001 [431.001], Government Code; and
	(2)  has been honorably discharged from the branch of
	the service in which the person served.
	SECTION 3.23.  Subsection (g), Section 36.354, Utilities
	Code, is amended to read as follows:
	(g)  For the purposes of this section, the term "military
	base" does not include a military base:
	(1)  that has been closed or realigned under the
	Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section
	2687) and its subsequent amendments;
	(2)  that is administered by an authority established
	by a municipality under Chapter 379B [378], Local Government Code
	[, as added by Chapter 1221, Acts of the 76th Legislature, Regular
	Session, 1999];
	(3)  that is operated by or for the benefit of the Texas
	National Guard, as defined by Section 437.001 [431.001], Government
	Code, unless the base is served by a municipally owned utility owned
	by a city with a population of 650,000 or more; or
	(4)  for which a municipally owned utility has acquired
	the electric distribution system under 10 U.S.C. Section 2688.
	ARTICLE 4.  REPEALER AND EFFECTIVE DATE
	SECTION 4.01.  The following provisions of the Government
	Code are repealed:
	(1)  Sections 431.002, 431.003, 431.004, 431.005,
	431.0055, 431.006, 431.007, 431.008, 431.009, 431.010, 431.011,
	431.012, 431.013, 431.014, 431.015, 431.016, 431.017, 431.0175,
	431.018, and 431.0185; and
	(2)  Subchapters B, C, D, F, G, and I, Chapter 431.
	SECTION 4.02.  This Act takes effect September 1, 2013.