| 1 | 1 | | 2023S0176-1 02/21/23 |
|---|
| 2 | 2 | | By: Blanco S.B. No. 1128 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the service of and certain benefits for members of the |
|---|
| 8 | 8 | | Texas military forces, including tuition assistance at |
|---|
| 9 | 9 | | postsecondary educational institutions. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. This Act shall be known as The Texas Guardsman |
|---|
| 12 | 12 | | Bill of Rights. |
|---|
| 13 | 13 | | SECTION 2. Section 437.005, Government Code, is amended by |
|---|
| 14 | 14 | | adding Subsection (a-1) to read as follows: |
|---|
| 15 | 15 | | (a-1) If the governor or adjutant general activates the |
|---|
| 16 | 16 | | Texas National Guard to state active duty, the order activating the |
|---|
| 17 | 17 | | Texas National Guard must include a defined end date for the |
|---|
| 18 | 18 | | activation. |
|---|
| 19 | 19 | | SECTION 3. Subchapter A, Chapter 437, Government Code, is |
|---|
| 20 | 20 | | amended by adding Section 437.0051 to read as follows: |
|---|
| 21 | 21 | | Sec. 437.0051. DWELL TIME REQUIREMENTS. (a) In this |
|---|
| 22 | 22 | | section: |
|---|
| 23 | 23 | | (1) "Dwell time" means the period that a service |
|---|
| 24 | 24 | | member spends in the service member's home station between |
|---|
| 25 | 25 | | activations. |
|---|
| 26 | 26 | | (2) "Long-term state active duty" means state active |
|---|
| 27 | 27 | | duty that lasts longer than 270 days. |
|---|
| 28 | 28 | | (b) Except as provided by Subsection (c), the governor or |
|---|
| 29 | 29 | | adjutant general may not activate a member of the Texas military |
|---|
| 30 | 30 | | forces to long-term state active duty unless the member has been |
|---|
| 31 | 31 | | given dwell time as follows: |
|---|
| 32 | 32 | | (1) the time required by federal law; |
|---|
| 33 | 33 | | (2) 12 months for a member of the state military forces |
|---|
| 34 | 34 | | who has served for more than 270 consecutive days on: |
|---|
| 35 | 35 | | (A) state active duty; or |
|---|
| 36 | 36 | | (B) active duty under Title 10 or Title 32, |
|---|
| 37 | 37 | | United States Code; |
|---|
| 38 | 38 | | (3) 12 months from the date of completion of initial |
|---|
| 39 | 39 | | entry training for a member who has completed the member's initial |
|---|
| 40 | 40 | | entry training; or |
|---|
| 41 | 41 | | (4) 24 months for a member of the state military forces |
|---|
| 42 | 42 | | who has had consecutive activations under the authority of any of |
|---|
| 43 | 43 | | the following: |
|---|
| 44 | 44 | | (A) Title 10, United States Code; |
|---|
| 45 | 45 | | (B) Title 32, United States Code; or |
|---|
| 46 | 46 | | (C) Section 437.005. |
|---|
| 47 | 47 | | (c) A member of the Texas military forces may be activated |
|---|
| 48 | 48 | | for long-term state active duty before the expiration of the dwell |
|---|
| 49 | 49 | | time required by this section if the member voluntarily waives the |
|---|
| 50 | 50 | | requirement. |
|---|
| 51 | 51 | | SECTION 4. Subchapter E, Chapter 437, Government Code, is |
|---|
| 52 | 52 | | amended by adding Sections 437.2125, 437.2126, 437.2127, and |
|---|
| 53 | 53 | | 437.2128 to read as follows: |
|---|
| 54 | 54 | | Sec. 437.2125. MATERNITY CONVALESCENT LEAVE. (a) A |
|---|
| 55 | 55 | | service member of the Texas military forces serving on state active |
|---|
| 56 | 56 | | duty who becomes a parent after a qualifying birth event, as defined |
|---|
| 57 | 57 | | by rule of the adjutant general, is entitled to not more than six |
|---|
| 58 | 58 | | weeks of maternity convalescent leave equivalent to the maternity |
|---|
| 59 | 59 | | convalescent leave provided under the federal Military Parental |
|---|
| 60 | 60 | | Leave Program. Leave taken under this subsection does not count |
|---|
| 61 | 61 | | against the service member's leave balance. A service member |
|---|
| 62 | 62 | | entitled to leave under this subsection may request the leave for a |
|---|
| 63 | 63 | | period of less than six weeks. |
|---|
| 64 | 64 | | (b) A service member may request an extension of the |
|---|
| 65 | 65 | | maternity convalescent leave provided under Subsection (a) for an |
|---|
| 66 | 66 | | additional period not to exceed six weeks if: |
|---|
| 67 | 67 | | (1) the service member's medical provider submits a |
|---|
| 68 | 68 | | written recommendation for the extension; |
|---|
| 69 | 69 | | (2) the additional leave is necessary to address a |
|---|
| 70 | 70 | | diagnosed medical condition; and |
|---|
| 71 | 71 | | (3) the service member's commanding officer approves |
|---|
| 72 | 72 | | the extension. |
|---|
| 73 | 73 | | (c) Leave granted under this section must be taken |
|---|
| 74 | 74 | | immediately after a qualifying birth event, beginning on the first |
|---|
| 75 | 75 | | full day after the date the service member is discharged or released |
|---|
| 76 | 76 | | from the hospital or facility where the birth occurred. The leave |
|---|
| 77 | 77 | | may only be taken in one increment. |
|---|
| 78 | 78 | | (d) A service member may take leave under this section |
|---|
| 79 | 79 | | consecutively with other leave, including primary or secondary |
|---|
| 80 | 80 | | caregiver leave under Section 437.2126 or 437.2127. The service |
|---|
| 81 | 81 | | member must take leave under this section before taking other |
|---|
| 82 | 82 | | leave. |
|---|
| 83 | 83 | | (e) A service member may not transfer leave under this |
|---|
| 84 | 84 | | section to another service member. |
|---|
| 85 | 85 | | (f) A service member forfeits leave granted under this |
|---|
| 86 | 86 | | section on separation from active service. |
|---|
| 87 | 87 | | (g) A commanding officer may not disapprove a request for |
|---|
| 88 | 88 | | leave under Subsection (a). |
|---|
| 89 | 89 | | Sec. 437.2126. PRIMARY CAREGIVER LEAVE. (a) A service |
|---|
| 90 | 90 | | member of the Texas military forces serving on state active duty who |
|---|
| 91 | 91 | | is designated as a primary caregiver in connection with a |
|---|
| 92 | 92 | | qualifying birth event, as defined by adjutant general rule, or |
|---|
| 93 | 93 | | adoption is entitled to not more than six weeks of primary caregiver |
|---|
| 94 | 94 | | leave equivalent to the primary caregiver leave provided under the |
|---|
| 95 | 95 | | federal Military Parental Leave Program. Leave taken under this |
|---|
| 96 | 96 | | subsection does not count against the service member's leave |
|---|
| 97 | 97 | | balance. |
|---|
| 98 | 98 | | (b) A service member entitled to leave under this section |
|---|
| 99 | 99 | | may request the leave for a period of less than six weeks. |
|---|
| 100 | 100 | | Sec. 437.2127. SECONDARY CAREGIVER LEAVE. (a) A service |
|---|
| 101 | 101 | | member of the Texas military forces serving on state active duty who |
|---|
| 102 | 102 | | is designated as a secondary caregiver in connection with a |
|---|
| 103 | 103 | | qualifying birth event, as defined by adjutant general rule, or |
|---|
| 104 | 104 | | adoption is entitled to not more than three weeks of secondary |
|---|
| 105 | 105 | | caregiver leave equivalent to the secondary caregiver leave |
|---|
| 106 | 106 | | provided under the federal Military Parental Leave Program. Leave |
|---|
| 107 | 107 | | taken under this subsection does not count against the service |
|---|
| 108 | 108 | | member's leave balance. |
|---|
| 109 | 109 | | (b) A service member entitled to leave under this section |
|---|
| 110 | 110 | | may request the leave for a period of less than three weeks. |
|---|
| 111 | 111 | | Sec. 437.2128. PROVISIONS APPLICABLE TO PRIMARY AND |
|---|
| 112 | 112 | | SECONDARY CAREGIVER LEAVE. (a) The amount of leave a service |
|---|
| 113 | 113 | | member is granted under Section 437.2126 or 437.2127 is reduced by |
|---|
| 114 | 114 | | one day for each day that maternity convalescent leave is extended |
|---|
| 115 | 115 | | for the service member under Section 437.2125(b). |
|---|
| 116 | 116 | | (b) Leave granted under Section 437.2126 or 437.2127 must |
|---|
| 117 | 117 | | begin before the first anniversary of the date of the qualifying |
|---|
| 118 | 118 | | birth event or adoption. The leave may only be taken in one |
|---|
| 119 | 119 | | increment. |
|---|
| 120 | 120 | | (c) A service member may take leave under Section 437.2126 |
|---|
| 121 | 121 | | or 437.2127 consecutively with other leave, including maternity |
|---|
| 122 | 122 | | convalescent leave under Section 437.2125. The service member is |
|---|
| 123 | 123 | | required to take leave under those sections after maternity |
|---|
| 124 | 124 | | convalescent leave under Section 437.2125 and before any other type |
|---|
| 125 | 125 | | of leave. |
|---|
| 126 | 126 | | (d) A service member may not transfer leave under Section |
|---|
| 127 | 127 | | 437.2126 or 437.2127 to another service member. A service member |
|---|
| 128 | 128 | | may not take leave under those sections consecutively with other |
|---|
| 129 | 129 | | leave taken immediately before separation or retirement from |
|---|
| 130 | 130 | | service or consecutively with an administratively authorized |
|---|
| 131 | 131 | | absence of duty. |
|---|
| 132 | 132 | | (e) A service member is not entitled to leave under Section |
|---|
| 133 | 133 | | 437.2126 or 437.2127 for: |
|---|
| 134 | 134 | | (1) a qualifying birth event in which the child is |
|---|
| 135 | 135 | | placed for adoption with another person; or |
|---|
| 136 | 136 | | (2) a qualifying birth event or adoption of a child for |
|---|
| 137 | 137 | | whom the designated secondary caregiver's parental rights are |
|---|
| 138 | 138 | | terminated. |
|---|
| 139 | 139 | | (f) Leave granted under Section 437.2126 or 437.2127 |
|---|
| 140 | 140 | | terminates on the death of the child. A service member who is |
|---|
| 141 | 141 | | eligible for leave under those sections whose child dies while the |
|---|
| 142 | 142 | | service member is on the leave may be transitioned to emergency |
|---|
| 143 | 143 | | leave that counts against the service member's leave balance. |
|---|
| 144 | 144 | | (g) A service member who separates from active state service |
|---|
| 145 | 145 | | forfeits leave granted under Section 437.2126 or 437.2127. |
|---|
| 146 | 146 | | SECTION 5. Sections 437.226(c), (d), (e), (f), (g), and |
|---|
| 147 | 147 | | (i), Government Code, are amended to read as follows: |
|---|
| 148 | 148 | | (c) The adjutant general shall grant assistance for tuition |
|---|
| 149 | 149 | | and mandatory fees under this section to eligible service members, |
|---|
| 150 | 150 | | in an amount not to exceed the amount provided in the General |
|---|
| 151 | 151 | | Appropriations Act. The adjutant general may apportion the number |
|---|
| 152 | 152 | | of assistance awards among the components of the Texas military |
|---|
| 153 | 153 | | forces necessary to meet the recruitment and retention needs of |
|---|
| 154 | 154 | | those components. The number of assistance awards made to members |
|---|
| 155 | 155 | | of the Texas State Guard may not exceed 45 [30] for any semester or |
|---|
| 156 | 156 | | term unless the adjutant general finds a compelling need for |
|---|
| 157 | 157 | | additional awards to members of the Texas State Guard. |
|---|
| 158 | 158 | | (d) Assistance for tuition and mandatory fees may be awarded |
|---|
| 159 | 159 | | under this section for tuition and mandatory fees charged for any |
|---|
| 160 | 160 | | undergraduate or graduate course for any semester or term at an |
|---|
| 161 | 161 | | institution of higher education or private or independent |
|---|
| 162 | 162 | | institution of higher education, including a vocational or |
|---|
| 163 | 163 | | technical course. |
|---|
| 164 | 164 | | (e) A service member may not receive assistance for tuition |
|---|
| 165 | 165 | | under this section for more than 15 [12] semester credit hours in |
|---|
| 166 | 166 | | any semester or term. |
|---|
| 167 | 167 | | (f) A service member may not receive assistance for tuition |
|---|
| 168 | 168 | | and mandatory fees under this section for more than 5 academic years |
|---|
| 169 | 169 | | or 15 [10] semesters or terms, whichever occurs first for the |
|---|
| 170 | 170 | | service member. |
|---|
| 171 | 171 | | (g) Before each semester or term, the department must |
|---|
| 172 | 172 | | certify to the appropriate public and private institutions of |
|---|
| 173 | 173 | | higher education a list of the service members to whom the adjutant |
|---|
| 174 | 174 | | general has awarded assistance for tuition and mandatory fees under |
|---|
| 175 | 175 | | this section for that semester or term. The amount of assistance |
|---|
| 176 | 176 | | awarded by the adjutant general under this section may not exceed |
|---|
| 177 | 177 | | the amount of money available to fund the assistance awards. |
|---|
| 178 | 178 | | (i) From money appropriated for purposes of this section, |
|---|
| 179 | 179 | | the department shall authorize the comptroller to make a grant to a |
|---|
| 180 | 180 | | service member attending a private or independent institution of |
|---|
| 181 | 181 | | higher education to whom the adjutant general has awarded |
|---|
| 182 | 182 | | assistance for tuition and mandatory fees for the semester or term |
|---|
| 183 | 183 | | under this section. The amount of a grant under this subsection is |
|---|
| 184 | 184 | | an amount equal to the average amount of reimbursement the |
|---|
| 185 | 185 | | department estimates will be paid per student for the same semester |
|---|
| 186 | 186 | | or term under Subsection (h). |
|---|
| 187 | 187 | | SECTION 6. Sections 54.345(b) and (c), Education Code, are |
|---|
| 188 | 188 | | amended to read as follows: |
|---|
| 189 | 189 | | (b) An institution of higher education shall exempt a person |
|---|
| 190 | 190 | | certified by the adjutant general as described by Subsection (a) |
|---|
| 191 | 191 | | from the payment of tuition for the semester credit hours for which |
|---|
| 192 | 192 | | the person enrolls, not to exceed 15 [12] semester credit hours. If |
|---|
| 193 | 193 | | the person is not charged tuition at the rate provided for other |
|---|
| 194 | 194 | | Texas residents, the amount of the exemption may not exceed the |
|---|
| 195 | 195 | | amount of tuition the person would be charged as a Texas resident |
|---|
| 196 | 196 | | for the number of semester credit hours for which the person |
|---|
| 197 | 197 | | enrolls, not to exceed 15 [12] semester credit hours. |
|---|
| 198 | 198 | | (c) An institution of higher education shall exempt a person |
|---|
| 199 | 199 | | who receives an exemption from tuition under Subsection (b) from |
|---|
| 200 | 200 | | the payment of all mandatory fees for any semester or term in which |
|---|
| 201 | 201 | | the person receives the tuition exemption. |
|---|
| 202 | 202 | | SECTION 7. The adjutant general shall adopt rules required |
|---|
| 203 | 203 | | by Sections 2 through 4 of this Act not later than January 1, 2024. |
|---|
| 204 | 204 | | SECTION 8. The changes in law made by Sections 2 through 4 |
|---|
| 205 | 205 | | of this Act apply only to an order to state active duty that is |
|---|
| 206 | 206 | | issued on or after the effective date of this Act. An order to state |
|---|
| 207 | 207 | | active duty that is issued before the effective date of this Act is |
|---|
| 208 | 208 | | governed by the law in effect on the date the order is issued, and |
|---|
| 209 | 209 | | the former law is continued in effect for that purpose. |
|---|
| 210 | 210 | | SECTION 9. Sections 5 and 6 of this Act apply beginning with |
|---|
| 211 | 211 | | the 2023 fall semester. |
|---|
| 212 | 212 | | SECTION 10. This Act takes effect immediately if it |
|---|
| 213 | 213 | | receives a vote of two-thirds of all the members elected to each |
|---|
| 214 | 214 | | house, as provided by Section 39, Article III, Texas Constitution. |
|---|
| 215 | 215 | | If this Act does not receive the vote necessary for immediate |
|---|
| 216 | 216 | | effect, this Act takes effect September 1, 2023. |
|---|