88R14308 MCK-D

By: Bumgarner H.B. No. 5262

A BILL TO BE ENTITLED

AN ACT

relating to the criteria for awarding the Texas Purple Heart Medal.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 437.355(a), Government Code, is amended to read as follows:

(a) The governor or adjutant general, if delegated the authority, may adopt policies and regulations relating to awarding:

(1) the Texas Purple Heart Medal, which shall be awarded to a [service] member of the Texas military forces who:

(A) after September 11, 2001:

(i) was inducted into state active duty [federal service from the Texas National Guard]; and

(ii) was wounded or killed in any action against an enemy of the State of Texas [meets the criteria for an award of the federal Purple Heart Medal]; or

(B) was wounded or killed at Fort Hood on November 5, 2009;

(2) the Texas Superior Service Medal, which shall be awarded to:

(A) a service member of the Texas military forces who has:

(i) completed 30 or more years of honorable state service or a combination of state and federal service; and

(ii) continually demonstrated superior performance and service while assigned to key leadership positions demanding responsibility; or

(B) a civilian who has contributed significant service to the Texas military forces;

(3) the Lone Star Distinguished Service Medal, which shall be awarded to a member of the military forces of this state, another state, or the United States for exceptionally outstanding achievement or service to this state in performance of a duty of great responsibility while serving with the Texas military forces for whom the department receives a letter of recommendation for award of the Lone Star Distinguished Service Medal that:

(A) gives an account of the exceptional achievement or service; and

(B) includes facts and photographs, and extracts from official documents to support and amplify the facts;

(4) the Texas Outstanding Service Medal, which shall be awarded to a service member of the military forces of this state, another state, or the United States who has performed service, either individually or as a member of a crew, in a superior and clearly outstanding manner;

(5) the Texas Humanitarian Service Medal, which shall be awarded to a service member who:

(A) does not meet the criteria for an award of the federal Humanitarian Service Medal;

(B) is a member of the Texas military forces; and

(C) while serving on state active duty or active duty under state authority in accordance with Title 32, United States Code, participates satisfactorily in defense support to a mission under civilian authority to protect life or property during or soon after a natural disaster or civil unrest in the state;

(6) the Texas Homeland Defense Service Medal, which shall be awarded to a service member of the Texas military forces who served:

(A) on or after September 11, 2001;

(B) on state active duty or active duty under state authority in accordance with Title 32, United States Code; and

(C) satisfactorily in defense support to a mission in the state under civilian authority;

(7) the Federal Service Medal, which shall be awarded to a service member who was inducted into federal service from the Texas military forces between June 15, 1940, and January 1, 1946, or after June 1, 1950, if the service was for more than 90 days;

(8) the Texas Combat Service Ribbon, which shall be awarded to a service member of the Texas National Guard who served, after September 11, 2001, in a hostile fire zone as designated by the United States secretary of defense;

(9) the Texas Faithful Service Medal, which shall be awarded to a member of the Texas military forces who has completed five years of honorable service during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(10) the Texas Medal of Merit, which shall be awarded to a member of the military forces of this state, another state, or the United States who performs outstanding service or attains extraordinary achievement, either individually or as a member of a crew, in behalf of the state or United States;

(11) the Texas State Guard Service Medal, which shall be awarded to a service member who completes three consecutive years of honorable service in the Texas State Guard during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state;

(12) the Texas Desert Shield/Desert Storm Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after August 1, 1990, in support of Operation Desert Shield or Operation Desert Storm, without regard to the place that the service member was deployed while serving on active federal military duty;

(13) the Texas Iraqi Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard, without regard to the place that the service member was deployed while serving on active federal military duty, after:

(A) March 19, 2003, in support of Operation Iraqi Freedom; or

(B) August 31, 2010, in support of Operation New Dawn;

(14) the Texas Afghanistan Campaign Medal, which shall be awarded to a service member who was inducted into federal service from the Texas National Guard after October 6, 2001, in support of Operation Enduring Freedom, without regard to the place that the service member was deployed while serving on active federal military duty;

(15) the Cold War Medal, which, subject to Subsection (c), shall be awarded to a member of the military forces of this state or the United States who:

(A) served between September 2, 1945, and December 26, 1991; and

(B) was a resident of this state at the time the service member entered military service; and

(16) the Texas Border Security and Support Service Ribbon, which shall be awarded to a service member of the military forces of this state, another state, or the United States who served:

(A) on or after July 28, 2014;

(B) on state active duty or active duty under state authority in accordance with Title 32, United States Code, for at least 90 consecutive days, or in response to an emergency activation; and

(C) honorably in support of operations under civilian authority to secure this state's international border.

SECTION 2. Subchapter H, Chapter 437, Government Code, is amended by adding Section 437.3551 to read as follows:

Sec. 437.3551. AWARDING OF TEXAS PURPLE HEART MEDAL. (a) In this section:

(1) "Medical officer" means a physician who holds an officer rank in the Texas military forces or a branch of the United States armed forces.

(2) "Medical professional" means a physician or physician extender.

(3) "Physician extender" means any health care professional licensed to provide health care to a patient, including a nurse practitioner or physician assistant.

(4) "Wound" means an injury to any part of the body from an outside force or agent. A physical lesion is not required.

(b) To be eligible for the Texas Purple Heart Medal the service member's wound must have been of such severity that it required treatment, not merely examination, by:

(1) a medical officer; or

(2) a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment.

(c) The department shall review the service member's medical records to confirm the member's eligibility for the Texas Purple Heart Medal.

(d) A service member may be awarded only one Texas Purple Heart Medal.

SECTION 3. This Act takes effect September 1, 2023.