Texas Constitutional Militia
Bexar County, Unit 1
1. Legal Foundation
Pursuant to the Constitution of the United States, Article I, Section 8, and
the First, Second and Ninth Amendments thereto, and to the intent of the Framers
thereof, and to the Constitution of the State of Texas, this unit of the Texas
Militia is established, to be governed in accordance with constitutional laws
and these By-Laws.
2. Geographic Area
The geographic area designated for this Unit shall consist of that
contiguous area defined by agreement of the members with one another and with
those of other Militia Units in the same county. If this is the only Unit in the
county, the geographic area shall consist of the entire county. If more than one
Unit is formed in the county, the boundaries of the area for each Unit shall
ordinarily coincide with established political or geographic subdivisions, such
as city limits, precincts, or neighborhoods.
Except by the authority of the President or request of the Militia of
another State, the Unit shall not conduct operations other than organizing and
training outside the boundaries of the State of Texas, and except by the
authority of the Governor or request of the Militia of another County, the Unit
shall not conduct operations other than organizing and training outside of the
boundaries of the County or immediately neighboring counties.
The members of this Militia unit shall consist of the following two classes,
which together shall be referred to as the ready militia:
(1) Persons who are subject to militia duty under Texas Government Code
Section 431.081, as it may be amended, and not exempt under Texas or U.S. law,
and who are residents of the County and geographic area designated for this Unit
number, which members shall be referred to as the obligatory militia.
(2) Persons not subject to militia duty under (1) above who are residents of
the State of Texas who volunteer to serve in this unit except as provided in
Section 8 below, which members shall be referred to as the voluntary militia.
The Unit Commander shall initially be chosen by 3/4 vote of the members
present at any call-up of the Unit, and shall serve until the next meeting or
call-up of the Unit, when he or she shall be subject to re-election as the first
order of business.
Other officers to be elected include a Deputy Commander, a Treasurer, and a
Secretary, each of whom shall assume in that order the duties of the Unit
Commander if he or she shall be unable to perform them. Additional officers
shall be appointed by the Unit Commander.
The members present may also elect representatives to any regional
correspondence committees, who shall coordinate activities of the various
Militia units in the region.
5. Authority for Call-up
The following persons may issue a call-up of the Unit, in descending order
(1) The President of the United States.
(2) The Governor of the State of Texas.
(3) An officer designated by the Governor of the State of Texas for this
(4) The Chief Executive, Chief Law Enforcement Officer, or Chief Judge of
the area designated for this Unit.
(5) The Unit Commander.
(6) An established Safety Committee for the area of the Unit.
(7) Any person offering a credible justification for the call-up.
Any such authority shall have command authority over the Unit only if it
calls up the Unit. Thus, if called up by a local sheriff, the sheriff would have
the default command authority and not the Governor or the President, if they did
not issue the call-up.
6. Notices and Regular Meetings
Notices of special meetings should normally be by public notice in a
newspaper of record or by posting notices on public notice bulletin boards, at
least ten days prior to the meeting, except in case of emergency, in which case
notice shall be by the established rapid-alert system. Persons who contribute to
the costs shall also be notified by mail or phone if time permits.
In addition to call-ups, the Unit shall meet at such dates, time, and places
as its members present at any meeting or call-up shall determine by majority
vote. This shall ordinarily be at some regular place on some regular day of the
week or month.
All meetings shall be conducted in accordance with Robert's Rules of
7. Purpose of Assemblies
The Unit shall assemble only for one or more of the following purposes:
(1) To organize and train.
(2) To repel a foreign invasion.
(3) To suppress an insurrection.
(4) To execute constitutional laws.
(5) To perform righteous services to the community, state, and nation,
including disaster relief and defense of persons from crime or official abuse.
Such purposes do not include service outside the jurisdiction of the United
States, which is the exclusive province of the armed forces.
8. Exclusion from Participation
Persons who otherwise qualify for membership may be excluded from
participation in activities of the Unit by the Commander or by a 3/4 vote of the
members present on one or more of the following grounds, and none other:
(1) A history of criminal, violent, disruptive, or impulsive behavior.
(2) A history of mental disorder or incapacity.
(3) Inability to play a constructive role in the activity, such that
participation would result in reduced effectiveness of the Unit in that
activity. This may include not having suitable equipment for the activity, such
(4) Refusal to take or comply with the oath below.
(5) Refusal to obey a lawful order of a superior.
No person shall be excluded on the basis of ethnicity, religion, national
origin, political opinions, gender, or age. However, minors shall require the
written consent or presence of a parent or guardian.
9. Oath Required of Participants
Participants in any activity shall be required to take the following oath:
"I swear/affirm that I will preserve, protect, and defend
the Earth, the Nation and its Constitution, the State and its Constitution, and
the Community, against all enemies, foreign or domestic; and that I will make an
independent determination of the constitutionality and applicability of all laws
and official acts with which I may become involved, without being unduly
influenced by any officer or superior, and that I will obey or assist in the
enforcement of those which are constitutional and applicable, and resist those
that are not, regardless of personal consequences."
Dues shall not be required as a condition for membership or attendance at
meetings or call-ups, but may be required, upon a 2/3 vote of members present,
for individual notices or for participation in activities that involve costs.
Contributions of funds and other things of value may be accepted provided that
no such acceptance shall create any obligation on the part of the Unit or its
members or participants. No member shall accept any compensation for
participation in any activity of the Unit, but may accept reimbursement for
expenses incurred or recompense for losses sustained. The Unit shall not accept
funding from any organ of government or public authority except in connection
with a general call-up by an authority having power to compel attendance. No
property shall be used by the Unit without written consent of the lawful owner
or his agent. At no time will the Unit go into debt or impose any debt on its
The Unit shall, by a vote of the majority of members present and with the
consent of the Unit Commander, adopt such regulations as it deems appropriate to
govern its operations.
12. Militia Discipline
Upon assembly, all participants shall be under Militia Discipline, which
shall be applied in accordance with applicable provisions of the Uniform Code of
The Unit Commander shall be responsible for enforcing these By-Laws and the
Regulations adopted by the Unit.
14. Adoption and Amendment
These By-Laws shall be adopted or amended by a 3/4 vote of the members
present at any call-up or meeting in which such adoption or amendment shall be
announced in the notice thereof at least 10 days prior to the meeting.
Texas Constitutional Militia
Bexar County, Unit 1
1. Rapid-alert System
The Unit shall establish and regularly test a rapid-alert system for getting
the members to respond to emergency situations. This system shall consist of the
(1) An emergency deployment plan. This consists of places and persons to
report to and things to do in the event of some emergency situation, such as a
natural disaster, which members could be expected to be made aware of by its
effects and by the regular media.
(2) A telephone tree. Each member would have a list of others to call, such
that a few calls could activate almost everyone reachable by phone.
(3) A radio network. This would make use of various amateur and CB radios,
perhaps using encrypted packet methods, to notify members in the event that the
phone system is unavailable or insecure.
(4) Broadcast media. Co-operation from radio and TV stations to broadcast
notices should be achieved and maintained.
(5) Neighborhood alerts. Members should be designated to ride through
neighborhoods alerting people in the area, perhaps using a mobile PA system.
2. Arms and Ammunition
Each participant in an armed activity shall furnish one modern rifle or
shotgun of a caliber suitable for combat applications, and at least 50 rounds of
ammunition for it. During all assemblies such arms shall be kept unloaded at all
times except by command of the Unit Commander or if members of the Unit fall
under imminent peril.
3. Ammunition standards
Members are encouraged to standardize on 5.56 and 7.62 ammunition for
rifles, 12 gauge for shotguns, and .357 magnum, 9mm, or .45ACP for handguns.
4. Appearance and Grooming
Each member who participates in any activity of the Unit in a public place
shall present a neat, well-groomed appearance.
5. Uniforms and Insignia
No uniforms shall be required of members or participants. However, on public
occasions participants may be required to wear jackets or armbands with the
words "Texas Militia" or "Bexar County Militia". The
Commander may designate such insignia as he may see fit, to be worn by those he
At any muster of the Unit, participants shall declare their names,
addresses, phone numbers, and arms of choice, but any roll of participants shall
be kept confidential and is to be used only for issuing notices of meetings and
7. Co-operation with authorities
Members will make every effort to co-operate with lawful authorities, unless
doing so would impair the ability of the Militia to exercise its constitutional
rights and perform its constitutional duties, including the investigation of
official corruption and abuse.
8. Community defense against abuse
All members are obliged to take immediate action to defend any person
against violation of his or her constitutional rights from official abuse,
especially the rights to keep and bear arms and to assemble as independent
constitutional militias, without waiting for a call-up of the unit. However, any
member taking such action shall notify the other members of the Unit as soon as
Texas Constitutional Militia
Bexar County, Unit 1
1. Unit Size
The Unit size should ordinarily be between 50 and 200 members. Larger units
should normally be divided into smaller ones, and smaller ones may be augmented
by participants from neighboring areas.
2. Avoidance of Association Status
Every effort must be made to avoid giving the Unit the aspect of being a
voluntary association, which would be subject to legal action as an association,
something that can be avoided if the members are considered to be all citizens
of the area.
3. Questioning of Authority Issuing Call-up
While any of several authorities may issue a call-up, this does not
automatically give such authority command over the unit, which must be debated
and voted on before commencing with any command therefrom. Ordinarily, such
orders must be obeyed unless they are unconstitutional.
4. Avoidance of Policy Issues
Every effort must be made to avoid allowing the Unit to act upon, or even
debate extensively, issues of social or economic policy. The Unit may resist a
tax on grounds that it is unconstitutional, but not because the rate is too
high. It must not act on issues on which honest persons may disagree, such as
the constitutionality of abortion.
5. Avoidance of Alarming the Public
To the extent possible, if appearing in public with arms, the Unit should
alert the public in the area to the peaceful character of the activity, with
publicity, warning signs, and conversations with persons present.
6. Proclamations of Faith
Many if not most members will have some kind of religious faith that they
will want to bear witness to during assemblies of the Militia, and religious
speech, like political speech, is a valid part of the discussion that will take
place in such assemblies. However, in deference to those who are non-believers,
such expression should not be conducted in a way that would make non-believers
feel pressured to appear to join in with a religious observance, such as praying
together in assembly, as distinct from just listening to someone pray in the
same way the members might listen to someone speaking on any other subject. The
only "religion" that may be properly proclaimed jointly is the "civic
religion" of constitutionalism, which is the one thing all citizens should
7. Safety Committees
A local Safety Committee will normally consist of the elected officers of
the previous muster and will be the entity that calls successive musters of the
unit. It is the only membership group that has continuing existence from one
muster to the next. Those who participate in musters must never be referred to
as "the militia", since that term must always refer to the entire
citizenry of the county or other jurisdiction.
A state or regional Safety Committee should be elected by a public election,
in response to a duly posted public notice, in each of the counties in which a
qualified public militia has been established, as having mustered in reponse to
a public notice and elected officers.
8. Correspondence Committees
Correspondence committees should ordinarily consist of a chairman appointed
by the Safety Committee and correspondents designated by the chairman for each
unit, or of representatives of lower-level correspondence committees.
For security reasons, member rolls should ordinarily be kept only at the
local level, and not shared with neighboring units or with higher-level
correspondence committees. However, backup copies of member lists may be kept in
escrow by neighboring units with the consent of the unit commander, for security