83R15020 SLB-F
By: Flynn, Moody, Dale, Sheffield of Bell, H.B. No. 45
King of Parker, et al.
Substitute the following for H.B. No. 45:
By: Menendez C.S.H.B. No. 45
A BILL TO BE ENTITLED
AN ACT
relating to the occupational licensing of spouses of members of the
military and the eligibility requirements for certain occupational
licenses issued to applicants with military experience.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Occupations Code, is
amended by adding Section 51.4013 to read as follows:
Sec. 51.4013. LICENSE ELIGIBILITY REQUIREMENTS FOR
APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other
law, the department shall credit verified military service,
training, or education toward the licensing requirements, other
than an examination requirement, for a license issued by the
department.
(b) The commission shall adopt rules necessary to implement
this section.
SECTION 2. The heading to Chapter 55, Occupations Code, is
amended to read as follows:
CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY
VETERANS, [LICENSE WHILE ON MILITARY DUTY] AND [FOR] MILITARY
SPOUSES [SPOUSE]
SECTION 3. Section 55.001, Occupations Code, is amended by
adding Subdivisions (1-a), (1-b), and (1-c) to read as follows:
(1-a) "Military service member" means a person who is
currently serving in the armed forces of the United States, in a
reserve component of the armed forces of the United States,
including the National Guard, or in the state military service of
any state.
(1-b) "Military spouse" means a person who is married
to a military service member who is currently on active duty.
(1-c) "Military veteran" means a person who served as
a military service member before the date the person applied for a
license in this state.
SECTION 4. Chapter 55, Occupations Code, is amended by
adding Sections 55.005, 55.006, and 55.007 to read as follows:
Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY
SPOUSES. (a) A state agency that issues a license shall, as soon as
practicable after a military spouse files an application for a
license:
(1) process the application; and
(2) issue a license without requiring an examination
to a qualified military spouse applicant who holds a current
license issued by another jurisdiction that has licensing
requirements that are substantially equivalent to the licensing
requirements in this state.
(b) A license issued under this section may not be a
provisional license and must confer the same rights, privileges,
and responsibilities as a license not issued under this section.
Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO
MILITARY SPOUSE. (a) As soon as practicable after a state agency
issues a license under Section 55.005, the state agency shall
determine the requirements for the license holder to renew the
license.
(b) The state agency shall notify the license holder of the
requirements for renewing the license in writing or by electronic
means.
(c) A license issued under Section 55.005 has the term
established by law or state agency rule.
Sec. 55.007. LICENSE ELIGIBILITY REQUIREMENTS FOR
APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any
other law, a state agency that issues a license shall, with respect
to an applicant who is a military service member or military
veteran, credit verified military service, training, or education
toward the licensing requirements, other than an examination
requirement, for a license issued by the state agency.
(b) The state agency shall adopt rules necessary to
implement this section.
(c) Rules adopted under this section may not apply to an
applicant who:
(1) holds a restricted license issued by another
jurisdiction; or
(2) has an unacceptable criminal history according to
the law applicable to the state agency.
SECTION 5. Subchapter G, Chapter 1701, Occupations Code, is
amended by adding Section 1701.315 to read as follows:
Sec. 1701.315. LICENSE REQUIREMENTS FOR PERSONS WITH
MILITARY SPECIAL FORCES TRAINING. (a) In this section, "special
forces" means a special forces component of the United States armed
forces, including:
(1) the United States Army Special Forces;
(2) the United States Navy SEALs;
(3) the United States Air Force Pararescue;
(4) the United States Marine Corps Force
Reconnaissance; and
(5) any other component of the United States Special
Operations Command approved by the commission.
(b) The commission shall adopt rules to allow an applicant
to qualify to take an examination described by Section 1701.304 if
the applicant:
(1) has served in the special forces;
(2) has successfully completed a special forces
training course and provides to the commission documentation
verifying completion of the course;
(3) completes a supplemental peace officer training
course; and
(4) completes any other training required by the
commission after the commission has reviewed the applicant's
military training.
(c) Commission rules adopted under Subsection (b) shall
include rules:
(1) to determine acceptable forms of documentation
that satisfy the requirements of Subsection (b)(2);
(2) under which the commission may waive any other
license requirement for an applicant described by Subsection (b)
based on other relevant military training the applicant has
received, as determined by the commission, including intelligence
or medical training; and
(3) to establish an expedited application process for
an applicant described by Subsection (b).
(d) The commission shall review the content of the training
course for each special forces component described by Subsection
(a) and in adopting rules under Subsection (b) provide the training
requirements an applicant who has completed that training course
must complete and the training requirements from which an applicant
who has completed that training course is exempt.
SECTION 6. (a) Section 51.4013, Occupations Code, as added
by this Act, applies only to an application for a license filed with
the Texas Department of Licensing and Regulation on or after May 1,
2014. An application for a license filed before May 1, 2014, is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
(b) The Texas Commission of Licensing and Regulation shall
adopt rules under Section 51.4013, Occupations Code, as added by
this Act, not later than March 1, 2014.
(c) Sections 55.005, 55.006, and 55.007, Occupations Code,
as added by this Act, apply only to an application for a license
filed with a state agency as defined by Section 55.001, Occupations
Code, on or after November 1, 2014. An application for a license
filed before November 1, 2014, is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(d) Each state agency as defined by Section 55.001,
Occupations Code, shall adopt rules under Sections 55.005, 55.006,
and 55.007, Occupations Code, as added by this Act, not later than
September 1, 2014.
(e) Section 1701.315, Occupations Code, as added by this
Act, applies only to an application for a license filed with the
Commission on Law Enforcement Officer Standards and Education on or
after November 1, 2014. An application for a license filed before
November 1, 2014, is governed by the law in effect immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(f) The Commission on Law Enforcement Officer Standards and
Education shall adopt rules under Section 1701.315, Occupations
Code, as added by this Act, not later than September 1, 2014.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.