TX
Texas House Bill HB4413

Texas 2019 - 86th Regular

Texas House Bill HB4413 Compare Versions

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1+86R14323 SOS-D
12 By: Buckley H.B. No. 4413
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45 A BILL TO BE ENTITLED
56 AN ACT
67 relating to state occupational licensing of certain military
7- veterans and military spouses.
8+ service members, military veterans, and military spouses.
89 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
910 SECTION 1. Section 21.052, Education Code, is amended by
1011 amending Subsections (a-1), (b-1), and (f) and adding Subsection
1112 (i) to read as follows:
1213 (a-1) The commissioner may adopt rules establishing
1314 exceptions to the examination requirements prescribed by
14- Subsection (a)(3) for an educator who is a military veteran or
15- military spouse or is from outside the state to obtain a certificate
16- in this state.
15+ Subsection (a)(3) for an educator who is a military service member,
16+ military veteran, or military spouse or is from outside the state to
17+ obtain a certificate in this state.
1718 (b-1) The board shall propose rules in accordance with
1819 Sections 55.005 and 55.006, Occupations Code, to establish
1920 procedures to expedite the processing of an application for a
2021 certificate under this section submitted by an educator who is a
21- military veteran or military [the] spouse [of a person who is
22- serving on active duty as a member of the armed forces of the United
23- States], including rules for providing a permanent change of
24- station or military identification card [the appropriate
25- documentation to establish the educator's status as a spouse of a
26- person who is serving on active duty as a member of the armed forces
27- of the United States].
22+ military service member, military veteran, or military [the] spouse
23+ [of a person who is serving on active duty as a member of the armed
24+ forces of the United States], including rules for providing a
25+ permanent change of station or military identification card [the
26+ appropriate documentation to establish the educator's status as a
27+ spouse of a person who is serving on active duty as a member of the
28+ armed forces of the United States].
2829 (f) The board shall post on the board's Internet website the
2930 procedures for obtaining a certificate under Subsection (a) and the
3031 notice required under Section 55.010, Occupations Code.
3132 (i) In this section:
3233 (1) "Active duty" means current full-time military
3334 service in the armed forces of the United States or active duty
3435 military service as a member of the Texas military forces, as
3536 defined by Section 437.001, Government Code, or similar military
3637 service of another state.
3738 (2) "Armed forces of the United States" means the
3839 army, navy, air force, coast guard, or marine corps of the United
3940 States or a reserve unit of one of those branches of the armed
4041 forces.
4142 (3) "Military service member" means a person who is on
4243 active duty.
4344 (4) "Military spouse" means a person who is married to
4445 a military service member.
4546 (5) "Military veteran" means a person who has served
4647 on active duty and who was discharged or released from active duty.
47- SECTION 2. Section 55.004, Occupations Code, is amended by
48+ SECTION 2. Subchapter A, Chapter 434, Government Code, is
49+ amended by adding Section 434.026 to read as follows:
50+ Sec. 434.026. STATE OCCUPATIONAL LICENSE STUDY. (a) In
51+ this section:
52+ (1) "Active duty" means current full-time military
53+ service in the armed forces of the United States or active duty
54+ military service as a member of the Texas military forces, as
55+ defined by Section 437.001, Government Code, or similar military
56+ service of another state.
57+ (2) "Armed forces of the United States" means the
58+ army, navy, air force, coast guard, or marine corps of the United
59+ States or a reserve unit of one of those branches of the armed
60+ forces.
61+ (3) "Commission" means the Texas Veterans Commission.
62+ (4) "Licensing authority" means a department,
63+ commission, board, office, or other agency of this state that
64+ issues an occupational license.
65+ (5) "Military service member" means a person who is on
66+ active duty.
67+ (6) "Military spouse" means a person who is married to
68+ a military service member.
69+ (7) "Military veteran" means a person who has served
70+ on active duty and who was discharged or released from active duty.
71+ (8) "Occupational license" means a license,
72+ certificate, registration, permit, or other authorization that a
73+ person must obtain to practice or engage in a lawful occupation.
74+ (9) "Occupational licensing requirement" means a law
75+ or policy requiring a person to obtain an occupational license.
76+ (b) The commission shall conduct a study to:
77+ (1) identify the occupational licenses for which a
78+ significant number of military service members, military veterans,
79+ or military spouses submit applications to licensing authorities in
80+ this state;
81+ (2) examine the occupational licensing requirements
82+ of each licensing authority identified in Subdivision (1); and
83+ (3) identify opportunities for licensing authorities
84+ to:
85+ (A) accept substantially equivalent occupational
86+ licensing requirements for documentation, training, education, and
87+ experience, including clinical and professional experience, from
88+ licensing authorities outside this state to enable a military
89+ service member, military veteran, or military spouse to obtain
90+ licensure in this state; and
91+ (B) issue temporary licenses to military service
92+ members, military veterans, and military spouses who apply for a
93+ license and hold a current license issued by another jurisdiction
94+ that has licensing requirements substantially equivalent to the
95+ licensing requirements of this state.
96+ (c) Not later than December 1, 2020, the commission shall
97+ prepare and submit to the governor, the lieutenant governor, and
98+ the legislature a report concerning the results of the study
99+ conducted under this section, including any recommendations for
100+ legislative or other action the commission considers necessary.
101+ (d) This section expires September 1, 2021.
102+ SECTION 3. Section 55.004, Occupations Code, is amended by
48103 adding Subsections (a-1) and (d) to read as follows:
49104 (a-1) In adopting rules under Subsection (a), the state
50- agency shall ensure that a military veteran or military spouse
51- receives appropriate credit for the individual's experience,
52- including clinical and professional experience, in a licensed
53- profession.
105+ agency shall ensure that a military service member, military
106+ veteran, or military spouse receives appropriate credit for the
107+ individual's experience, including clinical and professional
108+ experience, in a licensed profession.
54109 (d) A state agency that issues a license that has a
55110 residency requirement for license eligibility shall adopt rules to
56- allow a military spouse applicant to establish residency for
57- purposes of this subsection by providing to the agency a copy of the
58- permanent change of station order for the military service member
59- to whom the spouse is married or the spouse's military
60- identification card.
61- SECTION 3. Section 55.010, Occupations Code, is amended to
111+ allow a military service member or military spouse applicant to
112+ establish residency for purposes of this subsection by providing to
113+ the agency a copy of the member's or spouse's permanent change of
114+ station order or military identification card.
115+ SECTION 4. Section 55.010, Occupations Code, is amended to
62116 read as follows:
63- Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. (a) In this
64- section, "commission" means the Texas Workforce Commission.
65- (b) A state agency that issues a license shall prominently
66- post a notice on the home page of the agency's Internet website
67- describing the provisions of this chapter that are available to
68- military service members, military veterans, and military spouses.
69- (c) A state agency that issues a license under rules adopted
70- under Section 55.004 shall notify the commission immediately on
71- determining that the requirements of a license of this state are
72- substantially equivalent to those of another jurisdiction.
73- (d) The commission shall establish and maintain an Internet
74- website to serve as a single location for military veterans and
75- military spouses to access information regarding the issuance of a
76- license by a state agency to a military veteran or military spouse
77- who is licensed in another jurisdiction, including a list of each
78- license of this state and license of another jurisdiction that is
79- determined by a state agency to be substantially equivalent.
80- SECTION 4. Section 2, Chapter 1048 (H.B. 1934), Acts of the
117+ Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. (a) A state
118+ agency that issues a license shall prominently post a notice on the
119+ home page of the agency's Internet website describing the
120+ provisions of this chapter that are available to military service
121+ members, military veterans, and military spouses.
122+ (b) A state agency that issues a license under rules adopted
123+ under Section 55.004 shall notify the Texas Veterans Commission
124+ immediately on determining that the requirements of a license of
125+ this state are substantially equivalent to those of another
126+ jurisdiction.
127+ (c) The Texas Veterans Commission shall establish and
128+ maintain an Internet website to serve as a single location for
129+ military service members, military veterans, and military spouses
130+ to access information regarding the issuance of a license by a state
131+ agency to a military service member, military veteran, or military
132+ spouse who is licensed in another jurisdiction, including a list of
133+ each license of this state and license of another jurisdiction that
134+ is determined by a state agency to be substantially equivalent.
135+ SECTION 5. Section 2, Chapter 1048 (H.B. 1934), Acts of the
81136 85th Legislature, Regular Session, 2017, is repealed.
82- SECTION 5. Not later than January 1, 2020, the Texas
83- Workforce Commission shall establish the Internet website required
84- by Section 55.010, Occupations Code, as amended by this Act.
85- SECTION 6. The changes in law made by this Act apply only to
137+ SECTION 6. Not later than January 1, 2020, the Texas
138+ Veterans Commission shall establish the Internet website required
139+ by Section 55.010(c), Occupations Code, as added by this Act.
140+ SECTION 7. The changes in law made by this Act apply only to
86141 an initial application for or an application for renewal of an
87142 occupational license filed on or after the effective date of this
88143 Act. An application for a license filed before the effective date of
89144 this Act is governed by the law in effect immediately before that
90145 date, and that law is continued in effect for that purpose.
91- SECTION 7. This Act takes effect September 1, 2019.
146+ SECTION 8. This Act takes effect September 1, 2019.