Texas 2021 - 87th Regular

Texas House Bill HB139 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 139
	1	+	By: Buckley, et al. (Senate Sponsor - Powell) H.B. No. 139
	2	+	(In the Senate - Received from the House April 6, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Veteran Affairs & Border Security; April 21, 2021, reported
	5	+	favorably by the following vote: Yeas 5, Nays 0; April 21, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to state occupational licensing of certain military
6	13		veterans and military spouses.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 21.052, Education Code, is amended by
9	16		amending Subsections (a-1), (b-1), and (f) and adding Subsection
10	17		(i) to read as follows:
11	18		(a-1) The commissioner may adopt rules establishing
12	19		exceptions to the examination requirements prescribed by
13	20		Subsection (a)(3) for an educator from outside the state, including
14	21		military service members, military spouses, and military veterans,
15	22		to obtain a certificate in this state.
16	23		(b-1) The board shall propose rules in accordance with
17	24		Chapter 55, Occupations Code, to establish procedures to expedite
18	25		the processing of an application for a certificate under this
19	26		section submitted by an educator who is a military veteran or
20	27		military [the] spouse [of a person who is serving on active duty as
21	28		a member of the armed forces of the United States], including rules
22	29		for providing a permanent change of station order for purposes of
23	30		establishing residency and for providing a military identification
24	31		card [the appropriate documentation to establish the educator's
25	32		status as a spouse of a person who is serving on active duty as a
26	33		member of the armed forces of the United States].
27	34		(f) The board shall post on the board's Internet website the
28	35		procedures for obtaining a certificate under Subsection (a) and the
29	36		notice required under Section 55.010, Occupations Code.
30	37		(i) In this section:
31	38		(1) "Active duty" means current full-time military
32	39		service in the armed forces of the United States or active duty
33	40		military service as a member of the Texas military forces, as
34	41		defined by Section 437.001, Government Code, or similar military
35	42		service of another state.
36	43		(2) "Armed forces of the United States" means the
37	44		army, navy, air force, space force, coast guard, or marine corps of
38	45		the United States or a reserve unit of one of those branches of the
39	46		armed forces.
40	47		(3) "Military service member" means a person who is on
41	48		active duty.
42	49		(4) "Military spouse" means a person who is married to
43	50		a military service member.
44	51		(5) "Military veteran" means a person who has served
45	52		on active duty and who was discharged or released from active duty.
46	53		SECTION 2. Section 55.001(2), Occupations Code, is amended
47	54		to read as follows:
48	55		(2) "Armed forces of the United States" means the
49	56		army, navy, air force, space force, coast guard, or marine corps of
50	57		the United States or a reserve unit of one of those branches of the
51	58		armed forces.
52	59		SECTION 3. Section 55.004, Occupations Code, is amended by
53	60		amending Subsection (c) and adding Subsection (d) to read as
54	61		follows:
55	62		(c) In addition to the rules adopted under Subsection (a), a
56	63		state agency that issues a license may adopt rules that would
57	64		establish alternate methods for a military service member, military
58	65		veteran, or military spouse to demonstrate competency to meet the
59	66		requirements for obtaining the license, including receiving
60	67		appropriate credit for training, education, and clinical and
61	68		professional experience.
62	69		(d) A state agency that issues a license that has a
63	70		residency requirement for license eligibility shall adopt rules
64	71		regarding documentation necessary for a military spouse applicant
65	72		to establish residency for purposes of this subsection, including
66	73		by providing to the agency a copy of the permanent change of station
67	74		order for the military service member to whom the spouse is married.
68	75		SECTION 4. Section 55.0041(b), Occupations Code, is amended
69	76		to read as follows:
70	77		(b) Before engaging in the practice of the business or
71	78		occupation, the military spouse must:
72	79		(1) notify the applicable state agency of the spouse's
73	80		intent to practice in this state;
74	81		(2) submit to the agency proof of the spouse's
75	82		residency in this state in accordance with rules adopted under
76	83		Section 55.004(d) and a copy of the spouse's military
77	84		identification card; and
78	85		(3) receive from the agency confirmation that:
79	86		(A) the agency has verified the spouse's license
80	87		in the other jurisdiction; and
81	88		(B) the spouse is authorized to engage in the
82	89		business or occupation in accordance with this section.
83	90		SECTION 5. The changes in law made by this Act apply only to
84	91		an initial application for or an application for renewal of an
85	92		occupational license or certificate filed on or after the effective
86	93		date of this Act. An application for a license or certificate filed
87	94		before the effective date of this Act is governed by the law in
88	95		effect on the date the application was filed, and the former law is
89	96		continued in effect for that purpose.
90	97		SECTION 6. This Act takes effect September 1, 2021.
91		-	______________________________ ______________________________
92		-	President of the Senate Speaker of the House
93		-	I certify that H.B. No. 139 was passed by the House on April
94		-	1, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not
95		-	voting.
96		-	______________________________
97		-	Chief Clerk of the House
98		-	I certify that H.B. No. 139 was passed by the Senate on May 3,
99		-	2021, by the following vote: Yeas 30, Nays 0.
100		-	______________________________
101		-	Secretary of the Senate
102		-	APPROVED: _____________________
103		-	Date
104		-	_____________________
105		-	Governor
	98	+	* * * * *