86R14323 SOS-D
By: Buckley H.B. No. 4413
A BILL TO BE ENTITLED
AN ACT
relating to state occupational licensing of certain military
service members, military veterans, and military spouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.052, Education Code, is amended by
amending Subsections (a-1), (b-1), and (f) and adding Subsection
(i) to read as follows:
(a-1) The commissioner may adopt rules establishing
exceptions to the examination requirements prescribed by
Subsection (a)(3) for an educator who is a military service member,
military veteran, or military spouse or is from outside the state to
obtain a certificate in this state.
(b-1) The board shall propose rules in accordance with
Sections 55.005 and 55.006, Occupations Code, to establish
procedures to expedite the processing of an application for a
certificate under this section submitted by an educator who is a
military service member, military veteran, or military [the] spouse
[of a person who is serving on active duty as a member of the armed
forces of the United States], including rules for providing a
permanent change of station or military identification card [the
appropriate documentation to establish the educator's status as a
spouse of a person who is serving on active duty as a member of the
armed forces of the United States].
(f) The board shall post on the board's Internet website the
procedures for obtaining a certificate under Subsection (a) and the
notice required under Section 55.010, Occupations Code.
(i) In this section:
(1) "Active duty" means current full-time military
service in the armed forces of the United States or active duty
military service as a member of 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 a reserve unit of one of those branches of the armed
forces.
(3) "Military service member" means a person who is on
active duty.
(4) "Military spouse" means a person who is married to
a military service member.
(5) "Military veteran" means a person who has served
on active duty and who was discharged or released from active duty.
SECTION 2. Subchapter A, Chapter 434, Government Code, is
amended by adding Section 434.026 to read as follows:
Sec. 434.026. STATE OCCUPATIONAL LICENSE STUDY. (a) In
this section:
(1) "Active duty" means current full-time military
service in the armed forces of the United States or active duty
military service as a member of 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 a reserve unit of one of those branches of the armed
forces.
(3) "Commission" means the Texas Veterans Commission.
(4) "Licensing authority" means a department,
commission, board, office, or other agency of this state that
issues an occupational license.
(5) "Military service member" means a person who is on
active duty.
(6) "Military spouse" means a person who is married to
a military service member.
(7) "Military veteran" means a person who has served
on active duty and who was discharged or released from active duty.
(8) "Occupational license" means a license,
certificate, registration, permit, or other authorization that a
person must obtain to practice or engage in a lawful occupation.
(9) "Occupational licensing requirement" means a law
or policy requiring a person to obtain an occupational license.
(b) The commission shall conduct a study to:
(1) identify the occupational licenses for which a
significant number of military service members, military veterans,
or military spouses submit applications to licensing authorities in
this state;
(2) examine the occupational licensing requirements
of each licensing authority identified in Subdivision (1); and
(3) identify opportunities for licensing authorities
to:
(A) accept substantially equivalent occupational
licensing requirements for documentation, training, education, and
experience, including clinical and professional experience, from
licensing authorities outside this state to enable a military
service member, military veteran, or military spouse to obtain
licensure in this state; and
(B) issue temporary licenses to military service
members, military veterans, and military spouses who apply for a
license and hold a current license issued by another jurisdiction
that has licensing requirements substantially equivalent to the
licensing requirements of this state.
(c) Not later than December 1, 2020, the commission shall
prepare and submit to the governor, the lieutenant governor, and
the legislature a report concerning the results of the study
conducted under this section, including any recommendations for
legislative or other action the commission considers necessary.
(d) This section expires September 1, 2021.
SECTION 3. Section 55.004, Occupations Code, is amended by
adding Subsections (a-1) and (d) to read as follows:
(a-1) In adopting rules under Subsection (a), the state
agency shall ensure that a military service member, military
veteran, or military spouse receives appropriate credit for the
individual's experience, including clinical and professional
experience, in a licensed profession.
(d) A state agency that issues a license that has a
residency requirement for license eligibility shall adopt rules to
allow a military service member or military spouse applicant to
establish residency for purposes of this subsection by providing to
the agency a copy of the member's or spouse's permanent change of
station order or military identification card.
SECTION 4. Section 55.010, Occupations Code, is amended to
read as follows:
Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. (a) A state
agency that issues a license shall prominently post a notice on the
home page of the agency's Internet website describing the
provisions of this chapter that are available to military service
members, military veterans, and military spouses.
(b) A state agency that issues a license under rules adopted
under Section 55.004 shall notify the Texas Veterans Commission
immediately on determining that the requirements of a license of
this state are substantially equivalent to those of another
jurisdiction.
(c) The Texas Veterans Commission shall establish and
maintain an Internet website to serve as a single location for
military service members, military veterans, and military spouses
to access information regarding the issuance of a license by a state
agency to a military service member, military veteran, or military
spouse who is licensed in another jurisdiction, including a list of
each license of this state and license of another jurisdiction that
is determined by a state agency to be substantially equivalent.
SECTION 5. Section 2, Chapter 1048 (H.B. 1934), Acts of the
85th Legislature, Regular Session, 2017, is repealed.
SECTION 6. Not later than January 1, 2020, the Texas
Veterans Commission shall establish the Internet website required
by Section 55.010(c), Occupations Code, as added by this Act.
SECTION 7. The changes in law made by this Act apply only to
an initial application for or an application for renewal of an
occupational license filed on or after the effective date of this
Act. An application for a license filed before the effective date of
this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2019.