Sec. 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:
(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. 
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 452 (H.B. 1062), Sec. 1, eff. September 1, 2021.