Article IV, Section 7 of the Texas Constitution ("Governor Commander-in-Chief of Military Forces")

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As amended November 2, 1999:

He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.

Editor Comments

The Texas Attorney General, in Tex. Att'y Gen. Op. GM-308 (1939), opined that: "We therefore answer that the Governor may invoke martial law for the purpose of executing the provisions of the law involved and for the purpose of suppressing or preventing any insurrection against such law; but that the power and the responsibility of suspending the operation of such law is vested exclusively in the Legislature of this State and may not be exercised by the Governor."

Attorney Steve Smith

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