TCMJ-- The Texas Code of Military Justice

TEXAS CODE OF MILITARY JUSTICE
--Abridged, for full text see Govt Code 432.

This information is provided for instruction and by requirement of article 183 of the
TCMJ. The information presented here is an abridged version of the TCMJ re-formatted to
ease reading and understanding.

Articles Describing the Jurisdiction of the TCMJ
Sec. 002. Persons Subject to The Texas Code of Military Justice

The TCMJ applies to all members of the state military forces who are not in federal service.

Sec. 003. Jurisdiction to Try Certain Personnel.

(a) A person discharged from the state military forces who is later charged with having
fraudulently obtained the discharge is, except as provided by Section 068, subject to
trial by court-martial on that charge and is, after apprehension, subject to the TCMJ
while in custody of the military for that trial. On conviction of that charge the person
is subject to trial by court-martial for all offenses under the TCMJ committed before the
fraudulent discharge.

(b) A person who has deserted from the state military forces may not be relieved from
amenability to the jurisdiction of this chapter by virtue of a separation from any later
period of service.

Sec. 004. Territorial Applicability of the TCMJ.

(a) The TCMJ applies in all places and to all persons otherwise subject to the TCMJ
while they are serving outside the state and while they are going to and returning from
service outside the state, in the same manner and to the same extent as if they were
serving inside the state.

(b) Courts-martial and courts of inquiry may be convened and held in units of the state
military forces while those units are serving outside the state, with the same jurisdiction
and power as to persons subject to the TCMJ as if the proceedings were held inside the
state, and offenses committed outside the state may be tried and punished either inside
or outside the state.

Articles Describing the Authority for Apprehension of offenders.

Sec. 011 Apprehension.

(a) In this section, "apprehend" means to take a person into custody.

(b) A person authorized by the TCMJ or by regulations issued under it to apprehend a
person subject to the TCMJ, a marshal of a court-martial appointed under the TCMJ, and
a peace officer having authority to apprehend offenders under the laws of the United
States or of a state, may do so on reasonable belief that an offense has been committed
and that the person apprehended committed it.

(c) Commissioned officers, warrant officers, and noncommissioned officers may quell
quarrels, frays, and disorders among persons subject to the TCMJ and apprehend persons
subject to this chapter who take part in those activities.

Sec. 012 Apprehension of Deserters.

A civil officer or peace officer having authority to apprehend offenders under the laws
of the United States or a state, territory, commonwealth, or possession, or the District
of Columbia, may summarily apprehend a deserter from the state military forces and deliver
the deserter into the custody of the state military forces.

Sec. 013 Imposition of Restraint.

(a) In this subchapter:

(1) "Arrest" means the restraint of a person by an order, not imposed as a punishment
for an offense, directing the person to remain within certain specified limits.

(2) "Confinement" means the physical restraint of a person.

(b) An enlisted member may be ordered into arrest or confinement by a commissioned
officer by an oral or written order delivered in person, through other persons subject to
this chapter, or through a person authorized by the TCMJ to apprehend persons. A
commanding officer may authorize warrant officers or noncommissioned officers to order
enlisted members of his company or subject to his authority into arrest or confinement.

(c) A commissioned officer or warrant officer may be ordered apprehended or into arrest
or confinement only by a commanding officer to whose authority he is subject, by an oral
or written order delivered in person or by another commissioned officer. The authority to
order such persons apprehended or into arrest or confinement may not be delegated.

(d) A person may not be ordered apprehended or into arrest or confinement except for
probable cause.

(e) This section does not limit the authority of persons authorized to apprehend
offenders to secure the custody of an alleged offender until the proper authority may be
notified.

Sec. 014 Restraint of Persons Charged With Offenses.

A person subject to the TCMJ charged with an offense under the TCMJ shall be ordered
into arrest or confinement, as circumstances may require, but if charged with only an
offense normally tried by a summary court-martial, the person may not ordinarily be
placed in confinement. If a person subject to this chapter is placed in arrest or
confinement before trial, immediate steps shall be taken to inform him of the specific
wrong of which he is accused and to try him or to dismiss the charges and release him.
A person confined other than in a guardhouse, whether before, during, or after trial by a
military court, shall be confined in a civil jail.

Sec. 015. Reports and Receiving of Prisoners.

(a) A provost marshal, commander of a guard, master at arms, warden, keeper, or officer
of a city or county jail or any other jail designated under Section 014 may not refuse to
receive or keep a prisoner committed to his charge, when the committing person furnishes
a statement, signed by him, of the offense charged against the prisoner.

(b) A commander of a guard, master at arms, warden, keeper, or officer of a city or
county jail or of any other jail designated under Section 014 to whose charge a prisoner
is committed shall, within 24 hours after that commitment or as soon as he is relieved
from guard, report to the commanding officer of the prisoner the name of the prisoner,
the offense charged against him, and the name of the person who ordered or authorized the
commitment.

Sec. 016. Punishment Prohibited Before Trial.

Subject to Section 093, a person, while being held for trial or the result of trial,
may not be subjected to punishment or penalty other than arrest or confinement on the
charges pending against the person, nor may the arrest or confinement imposed on the person
be more rigorous than the circumstances require to ensure the person's presence, but the
person may be subjected to minor punishment during that period for infractions of
discipline.

Sec. 017 Delivery of Offenders to Civil Authorities.

Under certain circumstances a member having committed a crime under the TCMJ or under
civil, federal or UCMJ through article 167 of the TCMJ may be held to answer for trial or
serve sentence to both the military and the civil authorities.

(a) Under regulations prescribed under the TCMJ a person subject to the TCMJ who is on
active state duty and who is accused of an offense against civil authority may be delivered,
on request, to the civil authority for trial.

(b) If delivery under this section is made to a civil authority of a person undergoing
sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal,
interrupts the execution of the sentence of the court-martial, and the offender, after
having answered to the civil authorities for the offense, on the request of competent
military authority, shall be returned to military custody for the completion of the sentence.

Articles describing the Judicial Authorities
Sec. 021 Nonjudicial Punishment

A member having committed an offense under the TCMJ may at the Commander's discretion be
offered Non-Judicial Punishment administered by the Commander without undergoing a trial at
Court-Martial.

Sec. 031. Types of Courts-martial

The three kinds of courts-martial in each of the state military forces are:

(1) general court-martial, consisting of:

(A) a military judge and not fewer than five members; or

(B) only a military judge, if before the court is assembled the accused, knowing the
identity of the military judge and after consultation with defense counsel,
requests in writing a court composed only of a military judge and the military
judge approves;

(2) special court-martial, consisting of:

(A) not fewer than three members; or

(B) a military judge and not fewer than three members; or

(C) only a military judge, if one has been detailed to the court, and the accused
under the same conditions as those prescribed in Subdivision (1)(B) requests; and

(3) summary court-martial, consisting of one officer, who must be a military judge or an
attorney licensed to practice law in this state.

Sec. 032. Jurisdiction of Court-martial in General.

Each force of the state military forces has court-martial jurisdiction over all persons
subject to the TCMJ. The exercise of jurisdiction by one force over personnel of another
force shall be in accordance with regulations prescribed by the governor.

This means that under certain circumstances covered by regulation National Guard personnel
may find themselves before a State Guard court, and a State Guardsman may find himself
before a court composed of National Guard personnel.

Sec. 033. Jurisdiction of General Court-martial.

(a) Subject to Section 032, a general court-martial has jurisdiction to try a person
subject to the TCMJ for any offense made punishable by the TCMJ and may, under limitations
the governor prescribes, adjudge any of the following punishments:

(1) a fine of not more than $200 or confinement for not more than 200 days;

(2) forfeiture of pay and allowances;

(3) reprimand;

(4) dismissal or dishonorable discharge;

(5) reduction of a noncommissioned officer to the ranks; or

(6) any combination of those punishments.

Sec. 034. Jurisdiction of Special Court-martial.

(a) Subject to Section 032, a special court-martial has jurisdiction to try a person
subject to the TCMJ, except a commissioned officer, for any offense for which he may be
punished under the TCMJ. A special court-martial has the same powers of punishment as a
general court-martial, except that a special court-martial may not impose more than a $100
fine or confinement of more than 100 days for a single offense.

(b) A dismissal or dishonorable discharge may not be adjudged unless a complete record of
the proceedings and testimony is made, counsel having the qualifications prescribed under
Section 046(b) is detailed to represent the accused, and a military judge is detailed to the
trial, except in a case in which a military judge cannot be detailed to the trial because of
physical conditions or military exigencies. In a case in which a military judge is not
detailed to the trial, the convening authority shall make a detailed written statement, to
be appended to the record, stating the reason a military judge could not be detailed.

Sec. 035. Jurisdiction of Summary Court-martial.

(a) Subject to Section 032, a summary court-martial has jurisdiction to try persons
subject to the TCMJ, except officers, for any offense made punishable by the TCMJ.

(b) A person of whom a summary court-martial has jurisdiction may not be brought to trial
before a summary court-martial if the person objects. If an accused objects to trial by
summary court-martial, trial may be ordered by special or general court-martial, as
appropriate.

(c) A summary court-martial may sentence a person to pay a fine of not more than $25 or
confinement for not more than 25 days for a single offense, to forfeiture of pay and
allowances, and to reduction of a noncommissioned officer to the ranks.

Sec. 036 Jurisdiction of Court-martial Not Exclusive.

The provisions of the TCMJ conferring jurisdiction on courts-martial do not deprive
military commissions, provost courts, or other military tribunals of concurrent jurisdiction
with respect to offenders or offenses that by statute or by the law of war may be tried by
military commissions, provost courts, or other military tribunals.

Articles describing certain rights of the accused
Sec. 044 Who May Serve on Court-martial.

(a) A state commissioned officer in a duty status is eligible to serve on a court-martial
for the trial of a person who may lawfully be brought before the court for trial.

(b) A warrant officer in a state duty status is eligible to serve on general and special
courts-martial for the trial of a person, other than a commissioned officer, who may
lawfully be brought before the courts for trial.

(c) An enlisted member of the state military forces in a state duty status who is not a
member of the same unit as the accused is eligible to serve on general and special courts-
martial for the trial of an enlisted member of the state military forces who may lawfully
be brought before the court for trial if, before the conclusion of a session called by the
military judge under Section 064(a) before trial or, in the absence of such a session,
before the court is assembled for the trial of the accused, the accused personally has
requested in writing that enlisted members serve on it. After such a request, the accused
may not be tried by a general or special court-martial the membership of which does not
include enlisted members in a number comprising at least one-third of the total membership
of the court, unless eligible members cannot be obtained because of physical conditions or
military exigencies. If a sufficient number of enlisted members cannot be obtained, the
court may be convened and the trial held without them, but the convening authority shall
make a detailed written statement, to be appended to the record, stating why they could not
be obtained. In this subsection, "unit" means a regularly organized body of the state
military forces.

(d) If it can be avoided, a person subject to the TCMJ may not be tried by a court-martial,
a member of which is junior to him in rank or grade. On convening a court-martial, the
convening authority shall detail as members of the court-martial members of the state
military forces that, in his opinion, are best qualified for the duty because of age,
education, training, experience, length of service, and judicial temperament. A member of
the state military forces is not eligible to serve as a member of a general or special
court-martial if the member is the accuser or a witness for the prosecution or has acted
as investigating officer or counsel in the same case.

Sec. 046 Detail of Trial Counsel and Defense Counsel.

(a) The authority convening each general, special, or summary court-martial shall detail
trial counsel, defense counsel, and assistants that the authority considers appropriate.
A person who has acted as investigating officer, military judge, or court member in a case
may not act later as trial counsel or assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant defense counsel in the same case.
A person who has acted for the prosecution may not act later in the same case for the
defense, nor may a person who has acted for the defense act later in the same case for the
prosecution.

(b) Trial counsel or defense counsel detailed for a general court-martial must be:

(1) a graduate of an accredited law school;

(2) a member of the bar of a federal court or of the highest court of a state; and

(3) certified as competent to perform those duties by the state judge advocate general.

(c) In the case of a special or summary court-martial the accused shall be afforded the
opportunity to be represented at the trial by counsel having the qualifications prescribed
under Subsection (b) unless counsel having those qualifications cannot be obtained because
of physical conditions or military exigencies. If counsel having those qualifications cannot
be obtained, the court may be convened and the trial held, but the convening authority shall
make a detailed written statement, to be appended to the record, stating why counsel with
those qualifications could not be obtained. If the trial counsel is qualified to act as
counsel before a general court-martial, the defense counsel detailed by the convening
authority must be a person similarly qualified. If the trial counsel is a judge advocate
or a member of the bar of a federal court or the highest court of a state, the defense
counsel detailed by the convening authority must be a judge advocate or a member of the
bar of a federal court or the highest court of a state.

Sec. 052 Compulsory Self-incrimination Prohibited.

(a) A person subject to the TCMJ may not compel any person to incriminate himself or to
answer a question the answer to which may tend to incriminate him.

(b) A person subject to the TCMJ may not interrogate or request any statement from an
accused or a person suspected of an offense without first informing him of the nature of the
accusation and advising him that he does not have to make any statement regarding the
offense of which he is accused or suspected and that any statement made by him may be used
as evidence against him in a trial by court-martial.

(c) A person subject to the TCMJ may not compel any person to make a statement or produce
evidence before a military tribunal if the statement or evidence is not material to the
issue and may tend to degrade him.

(d) A statement obtained from a person in violation of this section, or through the use of
coercion, unlawful influence, or unlawful inducement, may not be received in evidence against
the person in a trial by court-martial.

Sec. 062. Unlawfully Influencing Action of Court.

(a) An authority convening a general, special, or summary court-martial, another commanding
officer, or officer serving one of their staffs may not censure, reprimand, or admonish the
court, a court member, military judge, or counsel of the court with respect to the findings
or sentence adjudged by the court or with respect to another exercise of its or his functions
in the conduct of the proceeding.

(b) A person subject to the TCMJ may not attempt to coerce or by unauthorized means
influence the action of the court-martial or another military tribunal or a member of the
tribunal in reaching the findings or sentence in a case or the action of a convening,
approving, or reviewing authority with respect to his judicial acts.

(1) general instructional or informational courses in military justice if the courses
are designed solely for the purpose of instructing members of a command in the
substantive and procedural aspects of court-martial; or

(2) statements and instructions given in open court by the military judge, president
of a special court-martial, or counsel.

(d) In the preparation of an effectiveness, fitness, or efficiency report, or another
report or document used in whole or part for determining whether a member of the state
military forces is qualified to be advanced in grade, in determining the assignment or
transfer of a member of the state military forces, or in determining whether a member of
the state military forces should be retained on duty, a person subject to the TCMJ may
not:

(1) consider or evaluate the performance of duty of the member as a member of a
court-martial; or

(2) give a less favorable rating or evaluation of a member of the state military
forces because of the zeal with which the member, as counsel, represented an
accused before a court-martial.

Sec. 063 Duties of Trial Counsel and Defense Counsel.

(a) The trial counsel of a general or special court-martial shall prosecute in the name
of the state and shall, under the direction of the court, prepare the record of the proceedings.

(b) The accused has the right to be represented in his defense before a general, special,
or summary court-martial by civilian counsel if provided by him, or by military counsel of
his own selection if reasonably available, or by the defense counsel detailed under Section 046.
If the accused has counsel of his own selection, the defense counsel, and assistant defense
counsel, if any, who were detailed, shall, if the accused so desires, act as his associate
counsel; otherwise they shall be excused by the military judge or by the president of a
court-martial without a military judge.

(c) In every court-martial proceeding, the defense counsel, in the event of conviction,
may forward for attachment to the record of proceedings, a brief of the matters the counsel
feels should be considered in behalf of the accused on review, including any objection to
the contents of the record that the counsel considers appropriate.

(d) An assistant trial counsel of a general court-martial, under the direction of the trial
counsel or if he is qualified to be a trial counsel as required by Section 046, may perform
any duty imposed on the trial counsel of the court by law, regulation, or the custom of the
service. An assistant trial counsel of a special court-martial may perform any duty of the
trial counsel.

(e) An assistant defense counsel of a general or special court-martial, under the direction
of the defense counsel or when he is qualified to be the defense counsel as required by
Section 046, may perform any duty imposed on counsel for the accused by law, regulation,
or the custom of the service.

Sec. 068. Limitations.

(a) A person charged with desertion or absence without leave in time of war, aiding the
enemy, or mutiny may be tried and punished at any time without limitation.

(b) A person charged with desertion in time of peace or with an offense punishable under
Sections 157, 158, or 159 is not liable to be tried by court-martial if the offense was
committed more than three years before the date of receipt of sworn charges and
specifications by an officer exercising summary court-martial jurisdiction over the command.

(c) A person charged with any offense is not liable to be tried
by court-martial or punished under Section 432.021 if the offense
was committed more than two years before the date of receipt of
sworn charges and specifications by an officer exercising summary
court-martial jurisdiction over the command, or before the
imposition of punishment under Section 432.021.

(d) A period in which the accused is absent from territory in
which the state has the authority to apprehend him, is in the
custody of civil authorities, or is in the hands of the enemy is
excluded in computing the period of limitation prescribed by this
section.

Sec. 069 Former Jeopardy.

(a) A person may not be tried a second time in a military court
of the state for the same offense.

(b) A proceeding in which an accused has been found guilty by a
court-martial on a charge or specification is not a trial for the
purposes of this section until the finding of guilty has become
final after review of the case has been fully completed.

(c) A proceeding that, after the introduction of evidence but
before a finding, is dismissed or terminated by the convening
authority or on motion of the prosecution for failure of
available evidence or witnesses without fault of the accused is a
trial for the purposes of this section.

Sec 091 Cruel and Unusual Punishments Prohibited.

Punishment by flogging, branding, marking, or tattooing on the
body, or any other cruel or unusual punishment, may not be
adjudged by any court-martial or inflicted on any person subject
to the TCMJ. The use of irons, single or double, except for
the purpose of safe custody, is prohibited.

Sec. 092 Limits.

The punishment that a court-martial may direct for an offense
may not exceed the limits prescribed by the TCMJ nor limits
prescribed by the governor.

Sec. 093 Effective Date of Sentences.

(a) If a sentence of a court-martial as lawfully adjudged and
approved includes a forfeiture of pay or allowances in addition
to confinement not suspended or deferred, the forfeiture may
apply to pay or allowances becoming due on or after the date the
sentence is approved by the convening authority. A forfeiture
may not extend to pay or allowances accrued before that date.

(b) A period of confinement included in a sentence of a
court-martial begins to run from the date the sentence is
adjudged by the court-martial, but periods during which the
sentence to confinement is suspended or deferred are excluded in
computing the service of the term of confinement.

(c) On application by an accused who is under sentence to
confinement that has not been ordered executed, the convening
authority or, if the accused is no longer under the convening
authority's jurisdiction, the officer exercising general
court-martial jurisdiction over the command to which the accused
is currently assigned, may in his sole discretion defer service
of the sentence. The deferment shall terminate when the sentence
is ordered executed. The deferment may be rescinded at any time
by the officer who granted it or, if the accused is no longer
under that officer's jurisdiction, by the officer exercising
general court-martial jurisdiction over the command to which the
accused is currently assigned.

(d) In the militia or state military forces not in federal
service, a sentence of dismissal or dishonorable discharge may
not be executed until it is approved by the governor.

(e) All other sentences of courts-martial are effective on the
date ordered executed.

Articles describing offenses under the TCMJ
Sec. 121. Persons to be Tried or Punished.

A person may not be tried or punished for any offense provided
for in the TCMJ unless it was committed while the person
was in a duty status or during a period in which the person was
under lawful orders to be in a duty status.

Sec. 122 Principals.

A person subject to the TCMJ is a principal if the person:

(1) commits an offense punishable under the TCMJ, or
aids, abets, counsels, commands, or procures its commission; or

(2) causes an act to be done that if directly performed by
the person would be punishable under the TCMJ.

Sec. 123 Accessory After the Fact.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person knows that an offense
punishable under the TCMJ has been committed and receives,
comforts, or assists the offender in order to hinder or prevent
the offender's apprehension, trial, or punishment.

Sec. 124 Conviction of Lesser Included Offense.

An accused may be found guilty of an offense necessarily
included in the offense charged or of an attempt to commit either
the offense charged or an offense necessarily included in the
offense charged.

Sec. 125. Attempts.

(a) An act done with specific intent to commit an offense under
the TCMJ amounting to more than mere preparation and tending,
even though failing to effect its commission, is an attempt to
commit that offense.

(b) A person subject to the TCMJ who attempts to commit an
offense punishable under the TCMJ shall be punished as a
court-martial directs, unless otherwise specifically prescribed.

(c) A person subject to the TCMJ may be convicted of an
attempt to commit an offense although it appears on the trial
that the offense was consummated.

Sec. 126 Conspiracy.

A person subject to the TCMJ who conspires with another
person to commit an offense under the TCMJ shall be punished
as a court-martial directs if one or more of the conspirators
does an act to effect the object of the conspiracy.

Sec. 127 Solicitation.

(a) A person subject to the TCMJ who solicits or advises
another or others to desert in violation of Section 130 or
mutiny in violation of Section 139 shall, if the offense
solicited or advised is attempted or committed, be punished with
the punishment provided for the commission of the offense. If
the offense solicited or advised is not committed or attempted,
the person shall be punished as a court-martial directs.

(b) A person subject to the TCMJ who solicits or advises
another or others to commit an act of misbehavior before the
enemy in violation of Section 144 or sedition in violation of
Section 139 shall, if the offense solicited or advised is
committed, be punished with the punishment provided for the
commission of the offense. If the offense solicited or advised
is not committed, the person shall be punished as a court-martial
directs.

Sec. 128 Fraudulent Enlistment, Appointment, or Separation.

A person shall be punished as a court-martial directs if the
person:

(1) procures his own enlistment or appointment in the state
military forces by knowingly false representation or deliberate
concealment as to his qualifications for that enlistment or
appointment and receives pay or allowances under the enlistment
or appointment; or

(2) procures his own separation from the state military
forces by knowingly false representation or deliberate
concealment as to his eligibility for that separation.

Sec. 129 Unlawful Enlistment, Appointment, or Separation.

A person subject to the TCMJ who effects an enlistment or
appointment in or a separation from the state military forces of
a person who is known to him to be ineligible for that
enlistment, appointment, or separation because it is prohibited
by law, regulation, or order shall be punished as a court-martial
directs.

Sec. 130 Desertion.

(a) A member of the state military forces is guilty of
desertion if the member:

(1) without authority goes or remains absent from his unit,
organization, or place of duty with intent to remain away
permanently;

(2) quits his unit, organization, or place of duty with
intent to avoid hazardous duty or to shirk important service;
or

(3) without being regularly separated from one of the state
military forces, enlists or accepts an appointment in the same
or another of the state military forces, or in one of the armed
forces of the United States, without fully disclosing the fact
that he has not been regularly separated.

(b) A commissioned officer of the state military forces who,
after tender of his resignation and before notice of its
acceptance, quits his post or proper duties without leave and
with intent to remain away permanently is guilty of desertion.

Sec. 131. Absence Without Leave.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person without authority:

(1) fails to go to his appointed place of duty at the time
prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit,
organization, or place of duty at which he is required to be at
the time prescribed.

Sec. 132. Missing Movement.

A person subject to the TCMJ who through neglect or design
misses the movement of a ship, aircraft, or unit with which he is
required to move in the course of duty shall be punished as a
court-martial directs.

Sec. 133 Contempt Towards Governor.

A person subject to the TCMJ who uses contemptuous words
against the governor shall be punished as a court-martial
directs.

Sec. 134 Disrespect Toward Superior Commissioned Officer.

A person subject to the TCMJ who behaves with disrespect
toward his superior commissioned officer shall be punished as a
court-martial directs.

Sec. 135 Assaulting or Wilfully Disobeying Superior Commissioned
Officer.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person:

(1) strikes his superior commissioned officer or draws or
lifts up a weapon or offers any violence against him while in
the execution of his office; or

(2) wilfully disobeys a lawful command of his commissioned
officer.

Sec. 136 Insubordinate Conduct Toward Warrant Officer or
Noncommissioned Officer.

A warrant officer or enlisted member shall be punished as a
court-martial directs if the officer or member:

(1) strikes or assaults a warrant officer or noncommissioned
officer while that officer is in the execution of his office;

(2) wilfully disobeys the lawful order of a warrant officer
or noncommissioned officer; or

(3) treats with contempt or is disrespectful in language or
deportment toward a warrant officer or noncommissioned officer
while that officer is in the execution of his office.

Sec. 137 Failure to Obey Order or Regulation.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person:

(1) violates or fails to obey a lawful general order or
regulation;

(2) having knowledge of any other lawful order issued by a
member of the state military forces that it is the person's
duty to obey, fails to obey the order; or

(3) is derelict in the performance of the person's duties.

Sec. 138 Cruelty and Maltreatment.

A person subject to the TCMJ who is guilty of cruelty
toward, or oppression or maltreatment of, any person subject to
his order shall be punished as a court-martial directs.

Sec. 139 Mutiny, Sedition, Failure to Suppress Mutiny or Sedition.

A person subject to the TCMJ who:

(1) with intent to usurp or override lawful military
authority refuses, in concert with any other person, to obey
orders or otherwise do his duty or creates a violence or
disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of
lawful civil authority, creates, in concert with any other
person, revolt, violence, or other disturbance against that
authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny
or sedition being committed in his presence, or fails to take
all reasonable means to inform his superior commissioned
officer or commanding officer of a mutiny or sedition that he
knows or has reason to believe is taking place, is guilty of a
failure to suppress or report a mutiny or sedition.

Sec. 140 Resistance, Breach of Arrest, and Escape.

A person subject to the TCMJ who resists apprehension,
breaks arrest, or escapes from physical restraint lawfully
imposed shall be punished as a court-martial directs.

Sec. 141 Releasing Prisoner Without Proper Authority.

A person subject to the TCMJ who, without proper authority,
releases a prisoner committed to his charge, or who through
neglect or design permits the prisoner to escape, shall be
punished as a court-martial directs, whether or not the prisoner
was committed in strict compliance with law.

Sec. 142 Unlawful Detention of Another.

A person subject to the TCMJ who, except as provided by law
or regulation, apprehends, arrests, or confines a person shall be
punished as a court-martial directs.

Sec. 143 Noncompliance With Procedural Rules.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person:

(1) is responsible for unnecessary delay in the disposition
of a case of a person accused of an offense under the TCMJ;
or

(2) knowingly and intentionally fails to enforce or comply
with a provision of the TCMJ regulating the proceedings
before, during, or after trial of an accused.

Sec. 144 Misbehavior Before Enemy.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person, before or in the presence of
the enemy:

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up any
command, unit, place, or military property that it is his duty
to defend;

(3) through disobedience, neglect, or intentional misconduct
endangers the safety of such a command, unit, place, or
military property;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his place of duty to plunder or pillage;

(7) causes false alarms in the command, unit, or place under
control of the armed forces of the United States, the state
military forces of Texas, or any other state;

(8) wilfully fails to do his utmost to encounter, engage,
capture, or destroy enemy troops, combatants, vessels,
aircraft, or any other thing that it is his duty to encounter,
engage, capture, or destroy; or

(9) does not afford all practicable relief and assistance to
any troops, combatants, vessels, or aircraft of the armed
forces belonging to the United States or their allies, to this
state, or to any other state, when engaged in battle.

Sec. 145 Subordinate Compelling Surrender.

A person subject to the TCMJ who compels or attempts to
compel the commander of any of the state military forces of
Texas, the United States, or any other state, to give it up to an
enemy or to abandon it, or who strikes the colors or flag to an
enemy without proper authority, shall be punished as a
court-martial directs.

Sec. 146 Improper Use of Countersign.

A person subject to the TCMJ who in time of war discloses
the parole or countersign to any person not entitled to receive
it, or who gives to another who is entitled to receive and use
the parole or countersign a different parole or countersign from
that which, to his knowledge, he was authorized and required to
give, shall be punished as a court-martial directs.

Sec. 147 Forcing Safeguard.

A person subject to the TCMJ who forces a safeguard shall
be punished as a court-martial directs.

Sec. 148 Captured or Abandoned Property.

(a) All persons subject to the TCMJ shall secure all public
property taken from the enemy for the service of the state or the
United States, and shall give notice and turn over to the proper
authority without delay all captured or abandoned property in
their possession, custody, or control.

(b) A person subject to the TCMJ shall be punished as a
court-martial directs if the person:

(1) fails to carry out the duties prescribed in Subsection
(a);

(2) buys, sells, trades, or in any way deals in or disposes
of captured or abandoned property, from which he receives or
expects a profit, benefit, or advantage to himself or another
directly or indirectly connected with himself; or

(3) engages in looting or pillaging.

Sec. 149 Aiding Enemy.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person:

(1) aids, or attempts to aid, the enemy with arms,
ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors, protects,
or gives intelligence to, or communicates, corresponds, or
holds any intercourse with the enemy, either directly or
indirectly.

Sec. 150 Misconduct of Prisoner.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person, while in the hands of the
enemy in time of war:

(1) for the purpose of securing favorable treatment by his
captors acts without proper authority in a manner contrary to
law, custom, or regulation, to the detriment of others of any
nationality held by the enemy as civilian or military
prisoners; or

(2) while in a position of authority over such persons
maltreats them without justifiable cause.

Sec. 151 False Official Statements.

A person subject to the TCMJ who, with intent to deceive,
signs any false record, return, regulation, order, or other
official document, knowing it to be false, or makes any other
false official statement knowing it to be false, shall be
punished as a court-martial directs.

Sec. 152 Military Property--Loss, Damage, Destruction, or Wrongful
Disposition.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person, without proper authority,
sells or otherwise disposes of, or wilfully or through neglect
damages, destroys, loses, or suffers to be damaged, destroyed,
sold, or wrongfully disposed of any military property of the
United States or the state.

Sec. 153 Property Other Than Military Property--Waste, Spoilage, or
Destruction.

A person subject to the TCMJ who, while in a duty status,
wilfully or recklessly wastes, spoils, or otherwise wilfully and
wrongfully destroys or damages any property other than military
property of the United States or of this state shall be punished
as a court-martial directs.

Sec. 154 Improper Hazarding of Vessel.

A person subject to the TCMJ who wilfully and wrongfully or
who negligently hazards or suffers to be hazarded any vessel of
the armed forces of the United States or of the state military
forces shall be punished as a court-martial directs.

Sec. 155 Driving While Intoxicated or While Under Influence of
Narcotic Drug.

A person subject to the TCMJ who operates a vehicle while
under the influence of intoxicating liquor or a narcotic drug, or
in a reckless or wanton manner, shall be punished as a
court-martial directs.

Sec. 156 Drunk on Duty; Sleeping on Post; Leaving Post Before
Relief.

A person subject to the TCMJ who is found under the
influence of intoxicating liquor or narcotic drugs while on duty,
or found sleeping on his post, or who leaves his post before he
is regularly relieved, shall be punished as a court-martial
directs.

Sec. 157 Malingering.

A person subject to the TCMJ shall be punished as a
court-martial directs if the person, for the purpose of avoiding
work, duty, or service in the state military forces:

(1) feigns illness, physical disablement, mental lapse, or
derangement; or

(2) intentionally inflicts self-injury.

Sec. 158 Riot or Breach of Peace.

A person subject to the TCMJ who causes or participates in
a riot or breach of the peace shall be punished as a
court-martial directs.

Sec. 159 Provoking Speeches or Gestures.

A person subject to the TCMJ who uses provoking or
reproachful words or gestures towards another person subject to
the TCMJ shall be punished as a court-martial directs.

Sec. 160 Larceny and Wrongful Appropriation.

(a) A person subject to the TCMJ who wrongfully takes,
obtains, or withholds, by any means, from the possession of the
owner or any other person any money, personal property, or
article of value of any kind:

(1) with intent permanently to deprive or defraud another
person of the use and benefit of property, or to appropriate it
to his own use or the use of any person other than the owner,
steals that property and is guilty of larceny; or

(2) with intent temporarily to deprive or defraud another
person of the use and benefit of property or to appropriate it
to his own use or the use of any person other than the owner,
is guilty of wrongful appropriation.

(b) A person found guilty of larceny or wrongful appropriation
shall be punished as a court-martial directs.

Sec. 161. Forgery

A person subject to the TCMJ is guilty of forgery and shall
be punished as a court-martial directs if the person, with intent
to defraud:

(1) falsely makes or alters a signature to a writing or any
part of a writing that would, if genuine, apparently impose a
legal liability on another or change his legal right or
liability to his prejudice; or

(2) utters, offers, issues, or transfers such a writing,
known by him to be so made or altered.

Sec. 162 Extortion.

A person subject to the TCMJ who communicates threats to
another person with the intent to obtain anything of value or any
acquittance, advantage, or immunity is guilty of extortion and
shall be punished as a court-martial directs.

Sec. 163 Assault.

A person subject to the TCMJ who attempts or offers with
unlawful force or violence to do bodily harm to another person,
whether or not the attempt or offer is consummated, is guilty of
assault and shall be punished as a court-martial directs.

Sec. 164 Perjury.

A person subject to the TCMJ who in a judicial proceeding
or in a court of justice conducted under the TCMJ wilfully
and corruptly gives, on a lawful oath or in any form allowed by
law to be substituted for an oath, false testimony material to
the issue or matter of inquiry is guilty of perjury and shall be
punished as a court-martial directs.

Sec. 165 Frauds Against Government.

A person subject to the TCMJ on conviction shall be
punished as a court-martial directs if the person:

(1) knowing it to be false or fraudulent:

(A) makes a claim against the United States, the state,
or an officer of the United States or the state; or

(B) presents to a person in the civil or military
service of the United States or the state for approval or
payment a claim against the United States, the state, or an
officer of the United States or the state;

(2) for the purpose of obtaining the approval, allowance, or
payment of a claim against the United States, the state, or an
officer of the United States or the state:

(A) makes or uses a writing or other paper knowing it to
contain false or fraudulent statements;

(B) makes an oath to a fact or to a writing or other
paper knowing the oath to be false; or

(C) forges or counterfeits a signature on a writing or
other paper, or uses such a signature knowing it to be
forged or counterfeited;

(3) having charge, possession, custody, or control of money
or other property of the United States or the state, furnished
or intended for the armed forces of the United States or the
state military forces, knowingly delivers to a person having
authority to receive it, any amount of the money or property
less than that for which he receives a certificate or receipt;
or

(4) being authorized to make or deliver a paper certifying
the receipt of property of the United States or the state,
furnished or intended for the armed forces of the United States
or the state military forces, makes or delivers to a person the
paper without having full knowledge of the truth of its
statements and with intent to defraud the United States or the
state.

Sec. 166 Conduct Unbecoming an Officer and a Gentleman.

A commissioned officer or officer candidate who is convicted of
conduct unbecoming an officer and a gentleman shall be punished
as a court-martial directs.

Sec. 167 General Article.

Whether or not specifically mentioned by the TCMJ, all
disorders and neglects to the prejudice of good order and
discipline in the state military forces and all conduct of a
nature to bring discredit on the state military forces, of which
persons subject to the TCMJ may be guilty, shall be taken
cognizance of by a general, special, or summary court-martial,
according to the nature and degree of the offense, and shall be
punished at the discretion of the court.

Sec. 184 Complaints of Wrongs.

(a) A member of the state military forces who believes himself
wronged by his commanding officer, and who, on due application to
that commanding officer, is refused redress, may complain to any
superior commissioned officer, who shall forward the complaint to
the next highest commander, who shall examine into the complaint
and take proper measures for redressing the wrong complained of,
and send to the adjutant general, as soon as possible, a true
statement of that complaint with the proceedings had on it.

(b) If an action or proceeding of any nature is commenced in a
court other than a military court by any person against a member
of the state military forces for any act done or caused, or
ordered or directed to be done, in the line of duty while the
member was on active state duty, as determined by a finding of
fact made by a court of inquiry under Section 181, all
expenses of representation in the action or proceeding, including
fees of witnesses, depositions, court costs, and all costs for
transcripts of records or other documents that might be needed
during trial or appeal shall be paid as provided by the TCMJ.
In such an action or proceeding the adjutant general, on the
written request of the member involved, shall designate the state
judge advocate general, a judge advocate, or a legal officer of
the state military forces to represent the member. Judge
advocates or legal officers performing duty under this subsection
will be called to state active duty by order of the governor. If
the military legal services, as provided above, are not
available, the adjutant general, after consultation with the
state judge advocate general and member involved, shall contract
with a competent private attorney to conduct the representation.

Sec. 185 Redress of Injuries to Property.

(a) If complaint is made to a commanding officer that wilful
damage has been done to the property of any person or that a
person's property has been wrongfully taken by members of the
state military forces, the officer, subject to regulations the
governor prescribes, may convene a board to investigate the
complaint. The board shall consist of from one to three
commissioned officers, and for the purpose of that investigation,
it may summon witnesses, examine them on oath or affirmation,
receive depositions or other documentary evidence, and assess the
damages sustained against the responsible parties. The
assessment of damages made by the board is subject to the
approval of the commanding officer, and in the amount approved by
him shall be charged against the pay of the offenders. The order
of the commanding officer directing charges authorized by this
section is conclusive, except as provided by Subsection (c), on
any disbursing officer for the payment by him to the injured
parties of the damages assessed and approved.

(b) If the offenders cannot be ascertained, but the
organization or detachment to which they belong is known, charges
totaling the amount of damages assessed and approved may be paid
to the injured parties from the military funds of the units of
the state military forces to which the offenders belong.

(c) A person subject to the TCMJ who is accused of causing
wilful damage to property has the rights to be represented by
counsel, to summon witnesses in his behalf, and to cross-examine
those appearing against him. The counsel mentioned must be
military counsel, provided by the commanding officer instituting
this inquiry. The accused may also employ civilian counsel of
his own choosing at his own expense. The accused has the right
of appeal to the next higher commander.

Sec 188 Execution of Process and Sentence.

(a) In the state military forces not in federal service, the
processes and sentences of its courts-martial shall be executed
by the civil officers prescribed by the laws of the state.

(b) If the sentence of a court-martial, as approved and ordered
executed, adjudges confinement, and the convening authority has
approved the sentence in whole or in part, the reviewing
authority, or the commanding officer for the time being, as the
case may be, shall issue a warrant of commitment to the sheriff
of the county in which the court-martial was held or in which the
offense was committed, directing the sheriff to take the body of
the sentenced person and confine him in the county jail of the
county for the period named in the sentence, as approved, or
until the sheriff is directed to release him by proper authority.

Sec. 191 Presumption of Jurisdiction.

The jurisdiction of the military courts and boards established
by the TCMJ shall be presumed and the burden of proof rests
on a person seeking to oust those courts or boards of
jurisdiction in any action or proceeding.