EXECUTIVE ORDER
D. B. 24
December 11, 1975
WHEREAS, Article 4, Section 7, Constitution of the State of Texas,
designates the Governor as Commander-in-Chief of the military forces of
the State; and
WHEREAS, Article 5768, Vernon's Civil Statutes of Texas, vests in
the Governor, by virtue of his office, the dUfY of Commander-in-Chief
of the military forces of the State; and
WHEREAS, the
6~th
Texas Legislature passed House Bill 224 which was
signed into law on May 22, 1975, by the Governor; and
WHEREAS, H.B. 224 charges the Gpvernor with the promulgation of
rules and regulations relating to the conduct of the system of military
justice for the military forces of the State; and
WHEREAS, H.B. 224 amends the
T~xas
Code of Military Justice to
make it comport with the basic rules and procedures of the Uniform Code
of Military Justice:
THEREFORE, I, Dolph Briscoe, Governor of the State of Texas, do
hereby issue Military Justice Executive Order Number One, prescribing
the Texas Manual for Courts-Martial, rescinding the Manual for CourtsMartial, Texas, 1963.
This manual shall be in force and effect in the State Military
Forces of Texas on and after December 11, 1975, with respect to all
military-justice proceedings taken on or after
De~ember ll~
1975.
However, nothing contained in this manual shall be construed to invalidate any investigation, trial in which
arraign~ent
has been made, or
other action begun prior to December 11, 1975; and any investigation,
rial, or action so begun may be completed in accordance with the
provisions of the applicable laws and manual pertaining to the various
State Mi1itary Forces in the same manner and with the same effect as
if this manual had not been prescribed and further that nothing contained in this manual shall be construed to make punishable any act
done or omitted prior to the effective date of the Texas Code of
Military Justice, as amended by H.B. 224, Acts of the 64th Legislature,
Regular Session, which was not punishable prior to the effective date
of H.B. 224, 'Acts of the 64th Legislature, Regular Session.
The maxi-
r
mum punishment' for an offense commi.tted prior to December 11, 1975,
shall, not exceed the applicable limits in effect at the time of the
commission of such offe~se nor ~hall it exce:d the applicable limits
in the Manual for Courts-Martial, Texas, 1963, prior to its recision
on December 11, 1975; and provided further that any act done or omitted
prior to the effective date of the Texas Code of Military Justice, as
amended by H.B. 224, Acts of the 64th Legislature, Regular Session,
.
which constitutes an offense in violation of the Texas Code of Military
Justice, Prior to the above cited
a~endment,
shall be charged under
such act and not as a violation of the amended code.
wise provided in this paragraph, the trial
~nd
Except as other-
review procedures shall
be those prescribed in this manual.
This order is effective on thet/z:lday of
M.tUn~
1975.
whereof,
re this
..A.J~~~~L1975.
DOLPH
ISCOE
GOVE.RNOR"OF TEXAS
,ATTEST:
:~
I
~;.!~.-.-
Filed in Lho office of
Secretary of Stale
MARK WHITE
SECRETARY OF STATE
DEC 111975
B1
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4w,J.~....J
Direc10r Adm. Diy.
-2-
January 14, 1976
The Honorable Mark White
Secretary of State
Capitol Building
Austin, Texas 78711
Dear Mr. Secretary:
Executive Order DB-32 was filed with your office on December 11,
1975. This order was misnumbered. The resultant confusion that
I may have created in assigning the wron~ number may be compounded
if that number is not changed. The correct number for that Executive Order should be DB-24.
I spoke with Ms. Linda Vasut this date concerning our error and
she suggested that this request be formally made.
Thank you for any assistance you may be able to give us in hilping
to keep our numbering and filing system~correct• .
With best personal regards, I am
Very truly yours,
Nolan F. Ward
Administrative Assistant
NFW:sfb
January 14, 1976
He. Linda Vaaut
Secretary of State's Office
Capitol Building
Austin, Texas 78701
near l-fs. Vasut:
As per our telephone conversation today, I have notified the
Secretary of State of the correction necessary for the misu
ntllnbered Executive Order DB-32. The correct number fot that
Executive Order should be DB-24.
Enclosed is a
~opy
of Executive Order DB-l2 for your files.
Thank you f.or your assistance in this matter.
Siacerely,
Nolan F. Ward
Administrative Assistant
NFW:sfb
Enclosure:
DB-12 (copy)