87R246 MAW-D
By: Buckley H.B. No. 139
A BILL TO BE ENTITLED
AN ACT
relating to state occupational licensing of certain 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 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 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 order 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. 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 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 spouse applicant to establish residency for
purposes of this subsection by providing to the agency a copy of the
permanent change of station order for the military service member
to whom the spouse is married or the spouse's military
identification card.
SECTION 3. Section 55.0041(b), Occupations Code, is amended
to read as follows:
(b) Before engaging in the practice of the business or
occupation, the military spouse must:
(1) notify the applicable state agency of the spouse's
intent to practice in this state;
(2) submit to the agency proof of the spouse's
residency in this state by providing to the agency [and] a copy of:
(A) the permanent change of station order for the
military service member to whom the spouse is married; or
(B) the spouse's military identification card;
and
(3) receive from the agency confirmation that:
(A) the agency has verified the spouse's license
in the other jurisdiction; and
(B) the spouse is authorized to engage in the
business or occupation in accordance with this section.
SECTION 4. Section 2, Chapter 1048 (H.B. 1934), Acts of the
85th Legislature, Regular Session, 2017, is repealed.
SECTION 5. The changes in law made by this Act apply only to
an initial application for or an application for renewal of an
occupational license or certificate filed on or after the effective
date of this Act. An application for a license or certificate 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 6. This Act takes effect September 1, 2021.