Tex. Government Code § 437.302: COMPOSITION.

(a) The Texas State Guard is composed of units the governor, or adjutant general if delegated the authority, considers advisable.

(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 (c) and (d), must be at least 17 years of age and not older than 70 years of 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.

(c) The adjutant general may adopt a policy regarding waiver of the maximum age requirement under Subsection (b)(3).

(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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 452 (H.B. 1062), Sec. 1, eff. September 1, 2021.