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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain 17-year-old persons to serve |
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as members of the Texas State Guard. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.302, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) To serve in the Texas State Guard, a person: |
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(1) must be a resident of this state for at least 180 |
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days; |
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(2) must be a citizen of the United States or a person |
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who has been lawfully admitted to the United States for permanent |
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residence under the Immigration and Nationality Act (8 U.S.C. |
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Section 1101 et seq.); |
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(3) subject to Subsections [Subsection] (c) and (d), |
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must be at least 17 [18] years of age and not older than 70 years of |
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age; |
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(4) must undergo a criminal history check; |
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(5) must not be a registered sex offender; and |
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(6) must be acceptable to and approved by the governor |
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or adjutant general under the governor's direction. |
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(d) A person who is at least 17 years of age but younger than |
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18 years of age may serve in the Texas State Guard if the person: |
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(1) is emancipated by marriage, court order, or other |
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operation of law; or |
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(2) provides to the adjutant general, in a form and |
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manner prescribed by the adjutant general, the written consent of: |
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(A) each of the person's parents or legal |
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guardians, other than a parent or legal guardian who is: |
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(i) deceased; |
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(ii) determined by a court to be |
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incapacitated; |
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(iii) absent at an unknown location for an |
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indefinite period; or |
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(iv) confined in jail or prison serving a |
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term of punishment that will result in the parent or guardian being |
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released after the person's 18th birthday; or |
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(B) for a person who is in the managing |
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conservatorship of the Department of Family and Protective Services |
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or another legal entity, a representative of the department or |
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other legal entity. |
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SECTION 2. This Act takes effect September 1, 2021. |