2021 Texas Statutes
Government Code
Title 4 - Executive Branch
Subtitle C - State Military Forces and Veterans
Chapter 437 - Texas Military
Subchapter G. Texas State Guard
Section 437.302. Composition
Sec. 437.302. COMPOSITION. (a) The Texas State Guard is composed of units the governor, or adjutant general if delegated the authority, considers advisable.
(b) To serve in the Texas State Guard, a person:
(1) must be a resident of this state for at least 180 days;
(2) must be a citizen of the United States or a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.);
(3) subject to Subsections (c) and (d), must be at least 17 years of age and not older than 70 years of age;
(4) must undergo a criminal history check;
(5) must not be a registered sex offender; and
(6) must be acceptable to and approved by the governor or adjutant general under the governor's direction.
(c) The adjutant general may adopt a policy regarding waiver of the maximum age requirement under Subsection (b)(3).
(d) A person who is at least 17 years of age but younger than 18 years of age may serve in the Texas State Guard if the person:
(1) is emancipated by marriage, court order, or other operation of law; or
(2) provides to the adjutant general, in a form and manner prescribed by the adjutant general, the written consent of:
(A) each of the person's parents or legal guardians, other than a parent or legal guardian who is:
(i) deceased;
(ii) determined by a court to be incapacitated;
(iii) absent at an unknown location for an indefinite period; or
(iv) confined in jail or prison serving a term of punishment that will result in the parent or guardian being released after the person's 18th birthday; or
(B) for a person who is in the managing conservatorship of the Department of Family and Protective Services or another legal entity, a representative of the department or other legal entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 452 (H.B. 1062), Sec. 1, eff. September 1, 2021.
