87R7183 MAW-D
By: Buckley, Wilson, Slawson, Bowers H.B. No. 139
Substitute the following for H.B. No. 139:
By: Tinderholt C.S.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
Chapter 55, 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 for purposes of
establishing residency and for providing a 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, space 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 55.001(2), Occupations Code, is amended
to read as follows:
(2) "Armed forces of the United States" means the
army, navy, air force, space force, coast guard, or marine corps of
the United States or a reserve unit of one of those branches of the
armed forces.
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 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
regarding documentation necessary for a military spouse applicant
to establish residency for purposes of this subsection, including
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.
SECTION 4. 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 in accordance with rules adopted under
Section 55.004(d) and a copy of 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 5. Section 2, Chapter 1048 (H.B. 1934), Acts of the
85th Legislature, Regular Session, 2017, is repealed.
SECTION 6. 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 on the date the application was filed, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.