Section 41.753

Title V MILITARY AFFAIRS AND POLICE

Chapter 41

Effective - 28 Aug 1996   

  41.753.  Definitions — military installation commander's search and seizure powers — organized militia members, rights and immunities. — 1.  As used in this section, the following terms mean:

  (1)  "Commanding officer", the installation commander or officer in charge of any military facility; and

  (2)  "Military facility", any place under temporary or primary control of the militia which is devoted to military duty, including any campground, parade ground, exercise field, armory, fort, compound, training sites or military base.

  2.  When, in the determination of the commanding officer or such commanding officer's representative, an emergency situation or exigent circumstance exists upon any military facility, the commanding officer may direct the exercise of any and all powers of search and seizure within the military facility upon any person or property found to be within the military facility.

  3.  Incoming nonmilitary persons shall not be searched over their objection, but may be denied the right of entry upon refusal to consent to search.  All persons entering facilities shall be advised in advance by a sign prominently displayed that they are liable to search upon entry, and while within the confines of the military facility or upon exit.  Any person who enters upon or within any military facility shall be deemed to have given consent to be searched pursuant to the authority granted in this section.

  4.  Members of the organized militia in active service shall have the same rights and immunities as other conservators of the peace pursuant to the laws of the state in the performance of their duty in reliance on the authority granted in this section.

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(L. 1996 H.B. 1295)