Texas 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. § 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.
Terms Used In Texas Government Code 437.302
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.