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AN ACT
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relating to state occupational licensing of certain military |
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veterans and military spouses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.052, Education Code, is amended by |
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amending Subsections (a-1), (b-1), and (f) and adding Subsection |
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(i) to read as follows: |
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(a-1) The commissioner may adopt rules establishing |
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exceptions to the examination requirements prescribed by |
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Subsection (a)(3) for an educator from outside the state, including |
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military service members, military spouses, and military veterans, |
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to obtain a certificate in this state. |
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(b-1) The board shall propose rules in accordance with |
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Chapter 55, Occupations Code, to establish procedures to expedite |
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the processing of an application for a certificate under this |
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section submitted by an educator who is a military veteran or |
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military [the] spouse [of a person who is serving on active duty as |
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a member of the armed forces of the United States], including rules |
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for providing a permanent change of station order for purposes of |
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establishing residency and for providing a military identification |
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card [the appropriate documentation to establish the educator's |
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status as a spouse of a person who is serving on active duty as a |
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member of the armed forces of the United States]. |
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(f) The board shall post on the board's Internet website the |
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procedures for obtaining a certificate under Subsection (a) and the |
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notice required under Section 55.010, Occupations Code. |
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(i) In this section: |
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(1) "Active duty" means current full-time military |
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service in the armed forces of the United States or active duty |
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military service as a member of the Texas military forces, as |
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defined by Section 437.001, Government Code, or similar military |
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service of another state. |
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(2) "Armed forces of the United States" means the |
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army, navy, air force, space force, coast guard, or marine corps of |
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the United States or a reserve unit of one of those branches of the |
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armed forces. |
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(3) "Military service member" means a person who is on |
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active duty. |
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(4) "Military spouse" means a person who is married to |
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a military service member. |
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(5) "Military veteran" means a person who has served |
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on active duty and who was discharged or released from active duty. |
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SECTION 2. Section 55.001(2), Occupations Code, is amended |
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to read as follows: |
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(2) "Armed forces of the United States" means the |
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army, navy, air force, space force, coast guard, or marine corps of |
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the United States or a reserve unit of one of those branches of the |
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armed forces. |
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SECTION 3. Section 55.004, Occupations Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) In addition to the rules adopted under Subsection (a), a |
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state agency that issues a license may adopt rules that would |
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establish alternate methods for a military service member, military |
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veteran, or military spouse to demonstrate competency to meet the |
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requirements for obtaining the license, including receiving |
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appropriate credit for training, education, and clinical and |
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professional experience. |
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(d) A state agency that issues a license that has a |
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residency requirement for license eligibility shall adopt rules |
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regarding documentation necessary for a military spouse applicant |
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to establish residency for purposes of this subsection, including |
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by providing to the agency a copy of the permanent change of station |
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order for the military service member to whom the spouse is married. |
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SECTION 4. Section 55.0041(b), Occupations Code, is amended |
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to read as follows: |
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(b) Before engaging in the practice of the business or |
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occupation, the military spouse must: |
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(1) notify the applicable state agency of the spouse's |
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intent to practice in this state; |
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(2) submit to the agency proof of the spouse's |
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residency in this state in accordance with rules adopted under |
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Section 55.004(d) and a copy of the spouse's military |
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identification card; and |
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(3) receive from the agency confirmation that: |
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(A) the agency has verified the spouse's license |
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in the other jurisdiction; and |
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(B) the spouse is authorized to engage in the |
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business or occupation in accordance with this section. |
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SECTION 5. The changes in law made by this Act apply only to |
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an initial application for or an application for renewal of an |
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occupational license or certificate filed on or after the effective |
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date of this Act. An application for a license or certificate filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 139 was passed by the House on April |
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1, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 139 was passed by the Senate on May 3, |
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2021, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |