| H.B. No. 1062 | ||
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| relating to the eligibility of certain 17-year-old persons to serve | ||
| as members of the Texas State Guard. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 437.302, Government Code, is amended by | ||
| amending Subsection (b) and adding Subsection (d) to read as | ||
| follows: | ||
| (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 [ |
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| must be at least 17 [ |
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| 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. | ||
| (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. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1062 was passed by the House on April | ||
| 23, 2021, by the following vote: Yeas 146, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1062 was passed by the Senate on May | ||
| 21, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||