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Texas govt code 431 establishes and allows a militia. It doesn’t outlaw them.

It pretty much does, unless you can get around it by calling yourself a private security contractor or something like that. The Code doesn't define what constitutes a private militia / military organization. All the rest of the code does is mostly deal with official forces: TX National Guard, State Guard, and reserve militia, which is just everyone they draft in an emergency. But what's the difference between your shooting club, your tactical training group, Security companies, Military contractors like Blackwater, and the guys in your neighborhood? Where's the defining line between allowed by the grace of government and not?

§ 431.010. ORGANIZATION PROHIBITED. (a) Except as provided by Subsection (b), a body of persons other than the regularly organized state military forces or the troops of the United States may not associate as a military company or organization or parade in public with firearms in a municipality of the state.
(b) With the consent of the governor, students in an educational institution at which military science is a prescribed part of the course of instruction and soldiers honorably discharged from the service of the United States may drill and parade with firearms in public.