A growing movement across the United States to prevent National Guard troops from being deployed to overseas conflicts without a formal declaration of war has now reached Texas. House Bill 930, introduced by State Rep. Briscoe Cain (R-Deer Park), seeks to ensure that the Texas National Guard can only be sent into active combat duty if Congress officially declares war or takes formal action under the War Powers Clause of the U.S. Constitution.
The bill defines “active combat duty” as military service involving direct participation in an armed conflict, performing hazardous duties related to such a conflict, or engaging in tasks involving instruments of war. If passed, the legislation would effectively prevent Texas National Guard troops from being deployed to foreign battlefields unless Congress follows the constitutional process for declaring war.
Cain's bill is set for a public hearing on March 17 before the House Committee on Defense & Veterans' Affairs.
Challenging the Status Quo of National Guard Deployments
“The purpose of the bill is to require the federal government to follow the U.S. Constitution before sending our sons and daughters to fight more endless wars,” Cain said in an interview with The Texan. He argued that state lawmakers have an obligation to their constituents to ensure that National Guard deployments comply with Article I, Section 8 of the U.S. Constitution, which vests Congress with the exclusive power to declare war.
While the National Guard is traditionally a state-controlled force, federal laws over the past century have expanded the federal government’s authority to mobilize state troops. The Militia Act of 1903, commonly known as the Dick Act, professionalized state militias and aligned them more closely with the regular U.S. Army. This integration deepened with the National Defense Act of 1916, which granted the president broad authority to mobilize the National Guard during national emergencies.
More recently, the 2002 Authorization for Use of Military Force (AUMF) against Iraq gave then-President George W. Bush the authority to deploy military forces, including the National Guard, as he deemed necessary to address threats posed by Iraq. As a result, National Guard units across the country, including Texas, saw extensive deployments during the post-9/11 wars.
A History of Texas National Guard Deployments
Since 9/11, the Texas National Guard has mobilized more than 29,000 soldiers and airmen, with approximately 23,000 deployed overseas to Iraq and Afghanistan. Nationwide, more than 1.1 million National Guard members have been deployed in foreign operations.
These deployments have had a lasting impact on National Guard personnel. Nearly 75 percent of National Guard members have been deployed at least once, and a quarter have served in multiple combat tours. The prolonged and repeated use of these part-time soldiers for active war zones has drawn increasing scrutiny, especially as the conflicts in the Middle East have continued for decades without formal war declarations.
The “Defend the Guard” Movement Gains Momentum
The Texas legislation aligns with a broader national effort known as the “Defend the Guard” movement, which has sought to pass similar laws in over two dozen states. This movement is driven by concerns over the executive branch’s increasing reliance on National Guard forces for prolonged foreign conflicts without congressional oversight.
In Texas, the proposal has significant grassroots support. In 2022, over 80 percent of Texas Republican voters backed Proposition 6, which called for banning the deployment of the Texas National Guard to foreign conflicts unless Congress formally declares war. The proposition has appeared again on the 2024 Republican Party of Texas ballot.
What’s Next for House Bill 930?
With a public hearing scheduled for March 17, the bill faces a legislative process that could see intense debate. Supporters argue it is a necessary check on federal overreach and a reaffirmation of constitutional war powers. Opponents may contend that restricting National Guard deployments could undermine national defense strategies or create legal conflicts with federal law.
