84R4573 NC-F
By: King of Taylor H.B. No. 1849
A BILL TO BE ENTITLED
AN ACT
relating to occupational licenses for military service members,
military veterans, and military spouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 55, Occupations Code, as
amended by Chapters 66 (S.B. 162) and 348 (H.B. 2254), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted to read as
follows:
CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY
VETERANS, AND MILITARY SPOUSES
SECTION 2. Section 55.001, Occupations Code, is amended to
read as follows:
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "Active duty" means current full-time military
service in the armed forces of the United States or the Texas
military forces, as defined by Section 437.001, Government Code, or
similar military service of another state.
(2) "Armed forces of the United States" means the
army, navy, air force, coast guard, or marine corps of the United
States or an auxiliary service or reserve unit of one of those
branches of the armed forces.
(3) "License" means a license, certificate,
registration, permit, or other form of authorization required by
law or a state agency rule that must be obtained by an individual to
engage in a particular business.
(4) [(1-a)] "Military service member" means a person
who is on active duty [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].
(5) [(1-b)] "Military spouse" means a person who is
married to a military service member [who is currently on active
duty].
(6) [(1-c)] "Military veteran" means a person who has
served on active duty and who was discharged or released from active
duty [in the army, navy, air force, marine corps, or coast guard of
the United States, or in an auxiliary service of one of those
branches of the armed forces].
(7) [(2)] "State agency" means a department, board,
bureau, commission, committee, division, office, council, or
agency of the state.
SECTION 3. Section 55.002, Occupations Code, is amended to
read as follows:
Sec. 55.002. EXEMPTION FROM PENALTY FOR FAILURE TO RENEW
LICENSE. A state agency that issues a license shall adopt rules to
exempt an individual who holds a license issued by the agency from
any increased fee or other penalty imposed by the agency for failing
to renew the license in a timely manner if the individual
establishes to the satisfaction of the agency that the individual
failed to renew the license in a timely manner because the
individual was serving as a military service member [on active duty
in the United States armed forces serving outside this state].
SECTION 4. Section 55.003, Occupations Code, is amended to
read as follows:
Sec. 55.003. EXTENSION OF LICENSE RENEWAL [CERTAIN]
DEADLINES FOR [ACTIVE DUTY] MILITARY SERVICE MEMBERS [PERSONNEL].
A military service member [person who holds a license, is a member
of the state military forces or a reserve component of the armed
forces of the United States, and is ordered to active duty by proper
authority] is entitled to one year of [an] additional [amount of]
time [, equal to the total number of years or parts of years that the
person serves on active duty,] to complete [:
[(1) any continuing education requirements; and
[(2)] any [other] requirement related to the renewal
of the military service member's [person's] license.
SECTION 5. Section 55.004, Occupations Code, is amended to
read as follows:
Sec. 55.004. ALTERNATIVE LICENSING [LICENSE PROCEDURE] FOR
MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES
[SPOUSE]. (a) A state agency that issues a license shall adopt
rules for the issuance of the license to an applicant who is a
military service member, military veteran, or military spouse [the
spouse of a person serving on active duty as a member of the armed
forces of the United States] and:
(1) holds a current license issued by another
jurisdiction [state] that has licensing requirements that are
substantially equivalent to the requirements for the license in
this state; or
(2) within the five years preceding the application
date held the license in this state [that expired while the
applicant lived in another state for at least six months].
(b) [Rules adopted under this section must include
provisions to allow alternative demonstrations of competency to
meet the requirements for obtaining the license.
[(c)] The executive director of a state agency may waive any
prerequisite to obtaining a license for an applicant described by
Subsection (a) after reviewing the applicant's credentials [issue a
license by endorsement in the same manner as the Texas Commission of
Licensing and Regulation under Section 51.404 to an applicant
described by Subsection (a)].
(c) In addition to the rules adopted under Subsection (a), a
state agency that issues a license may adopt rules that would
establish alternate methods for a military service member, military
veteran, or military spouse to demonstrate competency to meet the
requirements for obtaining the license.
SECTION 6. The heading to Section 55.005, Occupations Code,
as added by Chapter 66 (S.B. 162), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY
SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.
SECTION 7. Section 55.005(a), Occupations Code, as added by
Chapter 66 (S.B. 162), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
(a) A state agency that issues a license shall, as soon as
practicable after a military service member, military veteran, or
military spouse files an application for a license:
(1) process the application; and
(2) issue the [a] license to an [a qualified military
spouse] applicant who qualifies for the license under Section
55.004 [holds a current license issued by another jurisdiction that
has licensing requirements that are substantially equivalent to the
licensing requirements in this state].
SECTION 8. Section 55.005, Occupations Code, as added by
Chapter 348 (H.B. 2254), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 55.008, Occupations Code,
and amended to read as follows:
Sec. 55.008 [55.005]. APPRENTICESHIP REQUIREMENTS FOR
APPLICANT WITH MILITARY EXPERIENCE. (a) Notwithstanding any other
law, if an apprenticeship is required for a [an occupational]
license issued by a state agency, the state agency shall credit
verified military service, training, or education that is relevant
to the occupation toward the apprenticeship requirements for the
license.
(b) The state agency shall adopt rules necessary to
implement this section.
SECTION 9. The heading to Section 55.006, Occupations Code,
is amended to read as follows:
Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO
MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE.
SECTION 10. The changes in law made by this Act apply only
to an application for an occupational license or renewal of an
occupational license filed on or after January 1, 2016. An
application for a license or for license renewal filed before
January 1, 2016, 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.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2015.