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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of members of the Texas military forces to |
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demand trial by court-martial for minor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 432.015, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1) and subject to |
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[Under] regulations as may be prescribed, any commanding officer |
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may impose disciplinary punishments for minor offenses without the |
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intervention of a court-martial in accordance with this subchapter. |
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[There is no right to trial by court-martial in lieu of nonjudicial |
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punishment imposed under this section.] Only the governor, the |
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adjutant general, or an officer of a general or flag rank in command |
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may delegate the powers under this section to a principal assistant |
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who is a member of the state military forces. |
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(a-1) Any accused person who is facing discipline under this |
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section has the right to demand trial by court-martial in lieu of |
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nonjudicial punishment imposed under this section. |
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SECTION 2. Section 432.015(a-1), Government Code, as added |
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by this Act, applies only to conduct subject to punishment under |
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Section 432.015, Government Code, that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |