 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
GOVERNMENT CODE |
|
Title 4. EXECUTIVE BRANCH |
|
Subtitle C. STATE MILITARY FORCES AND VETERANS |
|
Chapter 431. STATE MILITIA |
|
Subchapter F. SERVICE AND DUTIES |
Sec. 431.081. PERSONS SUBJECT TO MILITARY DUTY; PERSONS NOT ELIGIBLE TO ENLIST
-
(a) A person is subject to military duty if the person is:
(1) able-bodied;
(2) a citizen or a person of foreign birth who has declared an intent to become a citizen;
(3) a resident of the state;
(4) at least 18 and not more than 60 years of age; and
(5) not exempt under Subsection (b) or (c) or United States law.
(b) A person is exempt from military duty, except in case of war, insurrection, invasion, or imminent danger of war, insurrection, or invasion if the person is:
(1) the lieutenant governor;
(2) a member or officer of the legislature;
(3) a judge or clerk of a court of record;
(4) a head of a state agency;
(5) a sheriff, district attorney, county attorney, county tax assessor-collector, or county commissioner;
(6) a mayor, council member, alderman, or assessor and collector of a municipality;
(7) an officer or employee of the Texas Department of Criminal Justice, a state hospital or special school, a public or private hospital, or a nursing home;
(8) a member of a regularly organized and paid fire or police department in a municipality, except that a person is not relieved of military duty by joining such a department;
(9) a minister of the gospel exclusively engaged in that calling; or
(10) a person who conscientiously scruples against bearing arms.
(c) A mentally disabled person, vagabond, confirmed alcoholic, narcotics addict, or a person convicted of an infamous crime is exempt from military duty regardless of circumstances.
(d) A minor may not enlist without the written consent of the minor's parents or guardian.
(e) A person expelled or dishonorably discharged from state or United States military service is not eligible for enlistment or reenlistment unless the person submits written consent to enlistment from the commanding officer of the organization from which the person was expelled or dishonorably discharged and from the commanding officer who approved the expulsion or issued the dishonorable discharge.