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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for activation of the Texas |
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National Guard into active combat duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 437, Government Code, is |
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amended by adding Section 437.0055 to read as follows: |
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Sec. 437.0055. CONGRESSIONAL ACTION REQUIRED FOR ACTIVE |
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COMBAT DUTY ACTIVATION OF TEXAS NATIONAL GUARD. (a) In this |
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section, "active combat duty" means active military service |
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through: |
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(1) participation in an armed conflict in a foreign |
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state; |
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(2) performance of a hazardous service relating to an |
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armed conflict in a foreign state; or |
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(3) performance of a duty through an instrumentality |
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of war. |
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(b) Notwithstanding any other provision of this code, the |
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Texas National Guard may be activated into active combat duty only |
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if the United States Congress: |
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(1) officially declares war in accordance with Clause |
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11, Section 8, Article I, United States Constitution; or |
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(2) takes other official action in accordance with |
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Clause 15, Section 8, Article I, United States Constitution. |
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(c) The governor shall take all actions necessary to comply |
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with this section. |
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SECTION 2. This Act takes effect September 1, 2023. |