2023S0176-1 02/21/23
By: Blanco S.B. No. 1128
A BILL TO BE ENTITLED
AN ACT
relating to the service of and certain benefits for members of the
Texas military forces, including tuition assistance at
postsecondary educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as The Texas Guardsman
Bill of Rights.
SECTION 2. Section 437.005, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If the governor or adjutant general activates the
Texas National Guard to state active duty, the order activating the
Texas National Guard must include a defined end date for the
activation.
SECTION 3. Subchapter A, Chapter 437, Government Code, is
amended by adding Section 437.0051 to read as follows:
Sec. 437.0051. DWELL TIME REQUIREMENTS. (a) In this
section:
(1) "Dwell time" means the period that a service
member spends in the service member's home station between
activations.
(2) "Long-term state active duty" means state active
duty that lasts longer than 270 days.
(b) Except as provided by Subsection (c), the governor or
adjutant general may not activate a member of the Texas military
forces to long-term state active duty unless the member has been
given dwell time as follows:
(1) the time required by federal law;
(2) 12 months for a member of the state military forces
who has served for more than 270 consecutive days on:
(A) state active duty; or
(B) active duty under Title 10 or Title 32,
United States Code;
(3) 12 months from the date of completion of initial
entry training for a member who has completed the member's initial
entry training; or
(4) 24 months for a member of the state military forces
who has had consecutive activations under the authority of any of
the following:
(A) Title 10, United States Code;
(B) Title 32, United States Code; or
(C) Section 437.005.
(c) A member of the Texas military forces may be activated
for long-term state active duty before the expiration of the dwell
time required by this section if the member voluntarily waives the
requirement.
SECTION 4. Subchapter E, Chapter 437, Government Code, is
amended by adding Sections 437.2125, 437.2126, 437.2127, and
437.2128 to read as follows:
Sec. 437.2125. MATERNITY CONVALESCENT LEAVE. (a) A
service member of the Texas military forces serving on state active
duty who becomes a parent after a qualifying birth event, as defined
by rule of the adjutant general, is entitled to not more than six
weeks of maternity convalescent leave equivalent to the maternity
convalescent leave provided under the federal Military Parental
Leave Program. Leave taken under this subsection does not count
against the service member's leave balance. A service member
entitled to leave under this subsection may request the leave for a
period of less than six weeks.
(b) A service member may request an extension of the
maternity convalescent leave provided under Subsection (a) for an
additional period not to exceed six weeks if:
(1) the service member's medical provider submits a
written recommendation for the extension;
(2) the additional leave is necessary to address a
diagnosed medical condition; and
(3) the service member's commanding officer approves
the extension.
(c) Leave granted under this section must be taken
immediately after a qualifying birth event, beginning on the first
full day after the date the service member is discharged or released
from the hospital or facility where the birth occurred. The leave
may only be taken in one increment.
(d) A service member may take leave under this section
consecutively with other leave, including primary or secondary
caregiver leave under Section 437.2126 or 437.2127. The service
member must take leave under this section before taking other
leave.
(e) A service member may not transfer leave under this
section to another service member.
(f) A service member forfeits leave granted under this
section on separation from active service.
(g) A commanding officer may not disapprove a request for
leave under Subsection (a).
Sec. 437.2126. PRIMARY CAREGIVER LEAVE. (a) A service
member of the Texas military forces serving on state active duty who
is designated as a primary caregiver in connection with a
qualifying birth event, as defined by adjutant general rule, or
adoption is entitled to not more than six weeks of primary caregiver
leave equivalent to the primary caregiver leave provided under the
federal Military Parental Leave Program. Leave taken under this
subsection does not count against the service member's leave
balance.
(b) A service member entitled to leave under this section
may request the leave for a period of less than six weeks.
Sec. 437.2127. SECONDARY CAREGIVER LEAVE. (a) A service
member of the Texas military forces serving on state active duty who
is designated as a secondary caregiver in connection with a
qualifying birth event, as defined by adjutant general rule, or
adoption is entitled to not more than three weeks of secondary
caregiver leave equivalent to the secondary caregiver leave
provided under the federal Military Parental Leave Program. Leave
taken under this subsection does not count against the service
member's leave balance.
(b) A service member entitled to leave under this section
may request the leave for a period of less than three weeks.
Sec. 437.2128. PROVISIONS APPLICABLE TO PRIMARY AND
SECONDARY CAREGIVER LEAVE. (a) The amount of leave a service
member is granted under Section 437.2126 or 437.2127 is reduced by
one day for each day that maternity convalescent leave is extended
for the service member under Section 437.2125(b).
(b) Leave granted under Section 437.2126 or 437.2127 must
begin before the first anniversary of the date of the qualifying
birth event or adoption. The leave may only be taken in one
increment.
(c) A service member may take leave under Section 437.2126
or 437.2127 consecutively with other leave, including maternity
convalescent leave under Section 437.2125. The service member is
required to take leave under those sections after maternity
convalescent leave under Section 437.2125 and before any other type
of leave.
(d) A service member may not transfer leave under Section
437.2126 or 437.2127 to another service member. A service member
may not take leave under those sections consecutively with other
leave taken immediately before separation or retirement from
service or consecutively with an administratively authorized
absence of duty.
(e) A service member is not entitled to leave under Section
437.2126 or 437.2127 for:
(1) a qualifying birth event in which the child is
placed for adoption with another person; or
(2) a qualifying birth event or adoption of a child for
whom the designated secondary caregiver's parental rights are
terminated.
(f) Leave granted under Section 437.2126 or 437.2127
terminates on the death of the child. A service member who is
eligible for leave under those sections whose child dies while the
service member is on the leave may be transitioned to emergency
leave that counts against the service member's leave balance.
(g) A service member who separates from active state service
forfeits leave granted under Section 437.2126 or 437.2127.
SECTION 5. Sections 437.226(c), (d), (e), (f), (g), and
(i), Government Code, are amended to read as follows:
(c) The adjutant general shall grant assistance for tuition
and mandatory fees under this section to eligible service members,
in an amount not to exceed the amount provided in the General
Appropriations Act. The adjutant general may apportion the number
of assistance awards among the components of the Texas military
forces necessary to meet the recruitment and retention needs of
those components. The number of assistance awards made to members
of the Texas State Guard may not exceed 45 [30] for any semester or
term unless the adjutant general finds a compelling need for
additional awards to members of the Texas State Guard.
(d) Assistance for tuition and mandatory fees may be awarded
under this section for tuition and mandatory fees charged for any
undergraduate or graduate course for any semester or term at an
institution of higher education or private or independent
institution of higher education, including a vocational or
technical course.
(e) A service member may not receive assistance for tuition
under this section for more than 15 [12] semester credit hours in
any semester or term.
(f) A service member may not receive assistance for tuition
and mandatory fees under this section for more than 5 academic years
or 15 [10] semesters or terms, whichever occurs first for the
service member.
(g) Before each semester or term, the department must
certify to the appropriate public and private institutions of
higher education a list of the service members to whom the adjutant
general has awarded assistance for tuition and mandatory fees under
this section for that semester or term. The amount of assistance
awarded by the adjutant general under this section may not exceed
the amount of money available to fund the assistance awards.
(i) From money appropriated for purposes of this section,
the department shall authorize the comptroller to make a grant to a
service member attending a private or independent institution of
higher education to whom the adjutant general has awarded
assistance for tuition and mandatory fees for the semester or term
under this section. The amount of a grant under this subsection is
an amount equal to the average amount of reimbursement the
department estimates will be paid per student for the same semester
or term under Subsection (h).
SECTION 6. Sections 54.345(b) and (c), Education Code, are
amended to read as follows:
(b) An institution of higher education shall exempt a person
certified by the adjutant general as described by Subsection (a)
from the payment of tuition for the semester credit hours for which
the person enrolls, not to exceed 15 [12] semester credit hours. If
the person is not charged tuition at the rate provided for other
Texas residents, the amount of the exemption may not exceed the
amount of tuition the person would be charged as a Texas resident
for the number of semester credit hours for which the person
enrolls, not to exceed 15 [12] semester credit hours.
(c) An institution of higher education shall exempt a person
who receives an exemption from tuition under Subsection (b) from
the payment of all mandatory fees for any semester or term in which
the person receives the tuition exemption.
SECTION 7. The adjutant general shall adopt rules required
by Sections 2 through 4 of this Act not later than January 1, 2024.
SECTION 8. The changes in law made by Sections 2 through 4
of this Act apply only to an order to state active duty that is
issued on or after the effective date of this Act. An order to state
active duty that is issued before the effective date of this Act is
governed by the law in effect on the date the order is issued, and
the former law is continued in effect for that purpose.
SECTION 9. Sections 5 and 6 of this Act apply beginning with
the 2023 fall semester.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.