Congress declares war or calls forth the militia first.
The bill says the Texas National Guard can be sent into active combat duty only if Congress declares war or takes other official action under its constitutional power to call forth the militia. It touches the governor, who must take all actions needed to comply, and Texas Guard members who could be activated for combat abroad. Starting September 1, 2025, state law would bar combat activation of the Guard without that congressional action.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 184 by Rep. Slaton (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 184 by Rep. Slaton (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.PENDING FOREVER. Heard by the House Homeland Security, Public Safety & Veterans' Affairs subcommittee on Defense & Veterans' Affairs on Mar 17, 2025 and left pending. Never voted out. The bill died.
relating to certain requirements for activation of the Texas
National Guard into active combat duty.
WHAT IT DOES
Congress declares war or calls forth the militia first.
The bill says the Texas National Guard can be sent into active combat duty only if Congress declares war or takes other official action under its constitutional power to call forth the militia. It touches the governor, who must take all actions needed to comply, and Texas Guard members who could be activated for combat abroad. Starting September 1, 2025, state law would bar combat activation of the Guard without that congressional action.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
House committee · Homeland Security, Public Safety & Veterans' Affairs · Final status: Died in committee
Subjects
Congress
Governor
Military & Veterans
NATIONAL GUARD, TEXAS
Text
The text as introduced · 201 words
89R1150 MCK-D
By: Cain
H.B. No. 930
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for activation of the Texas
National Guard into active combat duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 437, Government Code, is
amended by adding Section 437.0055 to read as follows:
Sec. 437.0055. CONGRESSIONAL ACTION REQUIRED FOR ACTIVE
COMBAT DUTY ACTIVATION OF TEXAS NATIONAL GUARD. (a) In this
section, "active combat duty" means active military service
through:
(1) participation in an armed conflict in a foreign
state;
(2) performance of a hazardous service relating to an
armed conflict in a foreign state; or
(3) performance of a duty through an instrumentality
of war.
(b) Notwithstanding any other provision of this code, the
Texas National Guard may be activated into active combat duty only
if the United States Congress:
(1) officially declares war in accordance with Clause
11, Section 8, Article I, United States Constitution; or
(2) takes other official action in accordance with
Clause 15, Section 8, Article I, United States Constitution.
(c) The governor shall take all actions necessary to comply
with this section.
SECTION 2. This Act takes effect September 1, 2025.