Tex. Gov't Code § 432.104 · Subchapter I. REVIEW OF COURTS-MARTIAL
RECONSIDERATION AND REVISION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(b) If an apparent error or omission is in the record or the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence that can be corrected without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. However, a record may not be returned for:
(1) reconsideration of a finding of not guilty, or a ruling that amounts to a finding of not guilty;
(2) consideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of this chapter; or
(3) increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Notes and commentary — not statutory text
History
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.432.htm
- Text hash
- sha256 7ac89ad344dca5561ce38dcd80409645549a1bd1bfe3c3a0eb28d3c4e7783f64
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.