Texas 2023 - 88th Regular

Texas House Bill HB5262 Compare Versions

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11 88R14308 MCK-D
22 By: Bumgarner H.B. No. 5262
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the criteria for awarding the Texas Purple Heart Medal.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 437.355(a), Government Code, is amended
1010 to read as follows:
1111 (a) The governor or adjutant general, if delegated the
1212 authority, may adopt policies and regulations relating to awarding:
1313 (1) the Texas Purple Heart Medal, which shall be
1414 awarded to a [service] member of the Texas military forces who:
1515 (A) after September 11, 2001:
1616 (i) was inducted into state active duty
1717 [federal service from the Texas National Guard]; and
1818 (ii) was wounded or killed in any action
1919 against an enemy of the State of Texas [meets the criteria for an
2020 award of the federal Purple Heart Medal]; or
2121 (B) was wounded or killed at Fort Hood on
2222 November 5, 2009;
2323 (2) the Texas Superior Service Medal, which shall be
2424 awarded to:
2525 (A) a service member of the Texas military forces
2626 who has:
2727 (i) completed 30 or more years of honorable
2828 state service or a combination of state and federal service; and
2929 (ii) continually demonstrated superior
3030 performance and service while assigned to key leadership positions
3131 demanding responsibility; or
3232 (B) a civilian who has contributed significant
3333 service to the Texas military forces;
3434 (3) the Lone Star Distinguished Service Medal, which
3535 shall be awarded to a member of the military forces of this state,
3636 another state, or the United States for exceptionally outstanding
3737 achievement or service to this state in performance of a duty of
3838 great responsibility while serving with the Texas military forces
3939 for whom the department receives a letter of recommendation for
4040 award of the Lone Star Distinguished Service Medal that:
4141 (A) gives an account of the exceptional
4242 achievement or service; and
4343 (B) includes facts and photographs, and extracts
4444 from official documents to support and amplify the facts;
4545 (4) the Texas Outstanding Service Medal, which shall
4646 be awarded to a service member of the military forces of this state,
4747 another state, or the United States who has performed service,
4848 either individually or as a member of a crew, in a superior and
4949 clearly outstanding manner;
5050 (5) the Texas Humanitarian Service Medal, which shall
5151 be awarded to a service member who:
5252 (A) does not meet the criteria for an award of the
5353 federal Humanitarian Service Medal;
5454 (B) is a member of the Texas military forces; and
5555 (C) while serving on state active duty or active
5656 duty under state authority in accordance with Title 32, United
5757 States Code, participates satisfactorily in defense support to a
5858 mission under civilian authority to protect life or property during
5959 or soon after a natural disaster or civil unrest in the state;
6060 (6) the Texas Homeland Defense Service Medal, which
6161 shall be awarded to a service member of the Texas military forces
6262 who served:
6363 (A) on or after September 11, 2001;
6464 (B) on state active duty or active duty under
6565 state authority in accordance with Title 32, United States Code;
6666 and
6767 (C) satisfactorily in defense support to a
6868 mission in the state under civilian authority;
6969 (7) the Federal Service Medal, which shall be awarded
7070 to a service member who was inducted into federal service from the
7171 Texas military forces between June 15, 1940, and January 1, 1946, or
7272 after June 1, 1950, if the service was for more than 90 days;
7373 (8) the Texas Combat Service Ribbon, which shall be
7474 awarded to a service member of the Texas National Guard who served,
7575 after September 11, 2001, in a hostile fire zone as designated by
7676 the United States secretary of defense;
7777 (9) the Texas Faithful Service Medal, which shall be
7878 awarded to a member of the Texas military forces who has completed
7979 five years of honorable service during which the service member has
8080 shown fidelity to duty, efficient service, and great loyalty to
8181 this state;
8282 (10) the Texas Medal of Merit, which shall be awarded
8383 to a member of the military forces of this state, another state, or
8484 the United States who performs outstanding service or attains
8585 extraordinary achievement, either individually or as a member of a
8686 crew, in behalf of the state or United States;
8787 (11) the Texas State Guard Service Medal, which shall
8888 be awarded to a service member who completes three consecutive
8989 years of honorable service in the Texas State Guard during which the
9090 service member has shown fidelity to duty, efficient service, and
9191 great loyalty to this state;
9292 (12) the Texas Desert Shield/Desert Storm Campaign
9393 Medal, which shall be awarded to a service member who was inducted
9494 into federal service from the Texas National Guard after August 1,
9595 1990, in support of Operation Desert Shield or Operation Desert
9696 Storm, without regard to the place that the service member was
9797 deployed while serving on active federal military duty;
9898 (13) the Texas Iraqi Campaign Medal, which shall be
9999 awarded to a service member who was inducted into federal service
100100 from the Texas National Guard, without regard to the place that the
101101 service member was deployed while serving on active federal
102102 military duty, after:
103103 (A) March 19, 2003, in support of Operation Iraqi
104104 Freedom; or
105105 (B) August 31, 2010, in support of Operation New
106106 Dawn;
107107 (14) the Texas Afghanistan Campaign Medal, which shall
108108 be awarded to a service member who was inducted into federal service
109109 from the Texas National Guard after October 6, 2001, in support of
110110 Operation Enduring Freedom, without regard to the place that the
111111 service member was deployed while serving on active federal
112112 military duty;
113113 (15) the Cold War Medal, which, subject to Subsection
114114 (c), shall be awarded to a member of the military forces of this
115115 state or the United States who:
116116 (A) served between September 2, 1945, and
117117 December 26, 1991; and
118118 (B) was a resident of this state at the time the
119119 service member entered military service; and
120120 (16) the Texas Border Security and Support Service
121121 Ribbon, which shall be awarded to a service member of the military
122122 forces of this state, another state, or the United States who
123123 served:
124124 (A) on or after July 28, 2014;
125125 (B) on state active duty or active duty under
126126 state authority in accordance with Title 32, United States Code,
127127 for at least 90 consecutive days, or in response to an emergency
128128 activation; and
129129 (C) honorably in support of operations under
130130 civilian authority to secure this state's international border.
131131 SECTION 2. Subchapter H, Chapter 437, Government Code, is
132132 amended by adding Section 437.3551 to read as follows:
133133 Sec. 437.3551. AWARDING OF TEXAS PURPLE HEART MEDAL. (a)
134134 In this section:
135135 (1) "Medical officer" means a physician who holds an
136136 officer rank in the Texas military forces or a branch of the United
137137 States armed forces.
138138 (2) "Medical professional" means a physician or
139139 physician extender.
140140 (3) "Physician extender" means any health care
141141 professional licensed to provide health care to a patient,
142142 including a nurse practitioner or physician assistant.
143143 (4) "Wound" means an injury to any part of the body
144144 from an outside force or agent. A physical lesion is not required.
145145 (b) To be eligible for the Texas Purple Heart Medal the
146146 service member's wound must have been of such severity that it
147147 required treatment, not merely examination, by:
148148 (1) a medical officer; or
149149 (2) a medical professional other than a medical
150150 officer provided a medical officer includes a statement in the
151151 service member's medical record that the severity of the wound was
152152 such that it would have required treatment by a medical officer if
153153 one had been available to provide treatment.
154154 (c) The department shall review the service member's
155155 medical records to confirm the member's eligibility for the Texas
156156 Purple Heart Medal.
157157 (d) A service member may be awarded only one Texas Purple
158158 Heart Medal.
159159 SECTION 3. This Act takes effect September 1, 2023.