# Tex. Government Code § 437.302: COMPOSITION

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.302

## Section

- **Citation:** Tex. Government Code § 437.302
- **Heading:** COMPOSITION
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code gv / Chapter 437 / Section 437.302

## Text

(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.

## Nearby sections

- [Tex. Government Code § 437.001 § 437.001. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.001.md)
- [Tex. Government Code § 437.002 § 437.002. COMMANDER-IN-CHIEF.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.002.md)
- [Tex. Government Code § 437.003 § 437.003. GOVERNOR'S MILITARY APPOINTMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.003.md)
- [Tex. Government Code § 437.004 § 437.004. REGULATING TEXAS MILITARY FORCES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.004.md)
- [Tex. Government Code § 437.005 § 437.005. AUTHORITY FOR STATE ACTIVE DUTY, STATE TRAINING, AND OTHER DUTY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.005.md)
- [Tex. Government Code § 437.006 § 437.006. OFFICERS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.006.md)
- [Tex. Government Code § 437.007 § 437.007. ENLISTMENT AND APPOINTMENT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.007.md)
- [Tex. Government Code § 437.008 § 437.008.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.008.md)
- [Tex. Government Code § 437.0011 § 437.0011. REFERENCE IN OTHER LAW.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.0011.md)
- [Tex. Government Code § 437.051 § 437.051. SUNSET PROVISION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.051.md)
- [Tex. Government Code § 437.052 § 437.052.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.052.md)
- [Tex. Government Code § 437.053 § 437.053.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.053.md)
- [Tex. Government Code § 437.054 § 437.054.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.054.md)
- [Tex. Government Code § 437.055 § 437.055. SEAL.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.055.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cgv_C437_S437.302. Check the current official text before relying on it. Not legal advice.