Section 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: (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.Tex. Gov't. Code § 437.302
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 452,Sec. 1, eff. 9/1/2021.Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1217,Sec. 1.01, eff. 9/1/2013.