Texas 2013 - 83rd Regular

Texas House Bill HB45 Compare Versions

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Old	New	Differences
1	1	83R15020 SLB-F
2	2	By: Flynn, Moody, Dale, Sheffield of Bell, H.B. No. 45
3	3	King of Parker, et al.
4	4	Substitute the following for H.B. No. 45:
5	5	By: Menendez C.S.H.B. No. 45
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the occupational licensing of spouses of members of the
11	11	military and the eligibility requirements for certain occupational
12	12	licenses issued to applicants with military experience.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter H, Chapter 51, Occupations Code, is
15	15	amended by adding Section 51.4013 to read as follows:
16	16	Sec. 51.4013. LICENSE ELIGIBILITY REQUIREMENTS FOR
17	17	APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other
18	18	law, the department shall credit verified military service,
19	19	training, or education toward the licensing requirements, other
20	20	than an examination requirement, for a license issued by the
21	21	department.
22	22	(b) The commission shall adopt rules necessary to implement
23	23	this section.
24	24	SECTION 2. The heading to Chapter 55, Occupations Code, is
25	25	amended to read as follows:
26	26	CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY
27	27	VETERANS, [LICENSE WHILE ON MILITARY DUTY] AND [FOR] MILITARY
28	28	SPOUSES [SPOUSE]
29	29	SECTION 3. Section 55.001, Occupations Code, is amended by
30	30	adding Subdivisions (1-a), (1-b), and (1-c) to read as follows:
31	31	(1-a) "Military service member" means a person who is
32	32	currently serving in the armed forces of the United States, in a
33	33	reserve component of the armed forces of the United States,
34	34	including the National Guard, or in the state military service of
35	35	any state.
36	36	(1-b) "Military spouse" means a person who is married
37	37	to a military service member who is currently on active duty.
38	38	(1-c) "Military veteran" means a person who served as
39	39	a military service member before the date the person applied for a
40	40	license in this state.
41	41	SECTION 4. Chapter 55, Occupations Code, is amended by
42	42	adding Sections 55.005, 55.006, and 55.007 to read as follows:
43	43	Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY
44	44	SPOUSES. (a) A state agency that issues a license shall, as soon as
45	45	practicable after a military spouse files an application for a
46	46	license:
47	47	(1) process the application; and
48	48	(2) issue a license without requiring an examination
49	49	to a qualified military spouse applicant who holds a current
50	50	license issued by another jurisdiction that has licensing
51	51	requirements that are substantially equivalent to the licensing
52	52	requirements in this state.
53	53	(b) A license issued under this section may not be a
54	54	provisional license and must confer the same rights, privileges,
55	55	and responsibilities as a license not issued under this section.
56	56	Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO
57	57	MILITARY SPOUSE. (a) As soon as practicable after a state agency
58	58	issues a license under Section 55.005, the state agency shall
59	59	determine the requirements for the license holder to renew the
60	60	license.
61	61	(b) The state agency shall notify the license holder of the
62	62	requirements for renewing the license in writing or by electronic
63	63	means.
64	64	(c) A license issued under Section 55.005 has the term
65	65	established by law or state agency rule.
66	66	Sec. 55.007. LICENSE ELIGIBILITY REQUIREMENTS FOR
67	67	APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any
68	68	other law, a state agency that issues a license shall, with respect
69	69	to an applicant who is a military service member or military
70	70	veteran, credit verified military service, training, or education
71	71	toward the licensing requirements, other than an examination
72	72	requirement, for a license issued by the state agency.
73	73	(b) The state agency shall adopt rules necessary to
74	74	implement this section.
75	75	(c) Rules adopted under this section may not apply to an
76	76	applicant who:
77	77	(1) holds a restricted license issued by another
78	78	jurisdiction; or
79	79	(2) has an unacceptable criminal history according to
80	80	the law applicable to the state agency.
81	81	SECTION 5. Subchapter G, Chapter 1701, Occupations Code, is
82	82	amended by adding Section 1701.315 to read as follows:
83	83	Sec. 1701.315. LICENSE REQUIREMENTS FOR PERSONS WITH
84	84	MILITARY SPECIAL FORCES TRAINING. (a) In this section, "special
85	85	forces" means a special forces component of the United States armed
86	86	forces, including:
87	87	(1) the United States Army Special Forces;
88	88	(2) the United States Navy SEALs;
89	89	(3) the United States Air Force Pararescue;
90	90	(4) the United States Marine Corps Force
91	91	Reconnaissance; and
92	92	(5) any other component of the United States Special
93	93	Operations Command approved by the commission.
94	94	(b) The commission shall adopt rules to allow an applicant
95	95	to qualify to take an examination described by Section 1701.304 if
96	96	the applicant:
97	97	(1) has served in the special forces;
98	98	(2) has successfully completed a special forces
99	99	training course and provides to the commission documentation
100	100	verifying completion of the course;
101	101	(3) completes a supplemental peace officer training
102	102	course; and
103	103	(4) completes any other training required by the
104	104	commission after the commission has reviewed the applicant's
105	105	military training.
106	106	(c) Commission rules adopted under Subsection (b) shall
107	107	include rules:
108	108	(1) to determine acceptable forms of documentation
109	109	that satisfy the requirements of Subsection (b)(2);
110	110	(2) under which the commission may waive any other
111	111	license requirement for an applicant described by Subsection (b)
112	112	based on other relevant military training the applicant has
113	113	received, as determined by the commission, including intelligence
114	114	or medical training; and
115	115	(3) to establish an expedited application process for
116	116	an applicant described by Subsection (b).
117	117	(d) The commission shall review the content of the training
118	118	course for each special forces component described by Subsection
119	119	(a) and in adopting rules under Subsection (b) provide the training
120	120	requirements an applicant who has completed that training course
121	121	must complete and the training requirements from which an applicant
122	122	who has completed that training course is exempt.
123	123	SECTION 6. (a) Section 51.4013, Occupations Code, as added
124	124	by this Act, applies only to an application for a license filed with
125	125	the Texas Department of Licensing and Regulation on or after May 1,
126	126	2014. An application for a license filed before May 1, 2014, is
127	127	governed by the law in effect immediately before the effective date
128	128	of this Act, and that law is continued in effect for that purpose.
129	129	(b) The Texas Commission of Licensing and Regulation shall
130	130	adopt rules under Section 51.4013, Occupations Code, as added by
131	131	this Act, not later than March 1, 2014.
132	132	(c) Sections 55.005, 55.006, and 55.007, Occupations Code,
133	133	as added by this Act, apply only to an application for a license
134	134	filed with a state agency as defined by Section 55.001, Occupations
135	135	Code, on or after November 1, 2014. An application for a license
136	136	filed before November 1, 2014, is governed by the law in effect
137	137	immediately before the effective date of this Act, and that law is
138	138	continued in effect for that purpose.
139	139	(d) Each state agency as defined by Section 55.001,
140	140	Occupations Code, shall adopt rules under Sections 55.005, 55.006,
141	141	and 55.007, Occupations Code, as added by this Act, not later than
142	142	September 1, 2014.
143	143	(e) Section 1701.315, Occupations Code, as added by this
144	144	Act, applies only to an application for a license filed with the
145	145	Commission on Law Enforcement Officer Standards and Education on or
146	146	after November 1, 2014. An application for a license filed before
147	147	November 1, 2014, is governed by the law in effect immediately
148	148	before the effective date of this Act, and that law is continued in
149	149	effect for that purpose.
150	150	(f) The Commission on Law Enforcement Officer Standards and
151	151	Education shall adopt rules under Section 1701.315, Occupations
152	152	Code, as added by this Act, not later than September 1, 2014.
153	153	SECTION 7. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2013.