George,

The State of Texas enacted a new Militia Act in December 1861 that reflected the realities of a real war. Every able bodied male from 18-50 was liable for service, and the state was divided into 33 militia districts. If you want to get super detailed look at Gammel's Laws of Texas at http://texinfo.library.unt.edu/lawsoftexas/default.htm

The passage of the CS conscript act in 1862, coupled with the capture of Galveston that fall, created significant areas of active resistance to the draft in the counties along the Colorado below Austin. A call was put on the governor by the CS authorities for 5,000 state troops to be placed in CS service for three months. The resistance centered around several areas of controversy. First, it was during harvest time, and crops could not be gathered. Second, although assurances had been made by Texas officials, that families of servicemen would be provided for, it had not been the case. Third, there was a fear of being sent out of the state, which was not allowed under the militia act, and finally, most of the resistance came from German born citizens, most of whom were at best luke warm on the war.

The situation became so serious in January 1863 that Magruder proclaimed Martial law in these counties and dispatched Hardeman's cavlary regiment to enforce the draft. A number or persons were arrested, and the show of force brought the situation to an end.

If you will go to the OR series I, Vol 15, pp 880 and carrying on intermittenly for about a hundred pages, there is a fair amount of correspondence about this situation.

Gammels is a little awkward to use as it PDF. Click on "Browse" and go to a particular volume covering the war years. If you are really masochistic, there were a number of militia acts passed during the period, but the salient ones were passed in 1860, 1861, and 1863. Have fun.