By:  Corte (Senate Sponsor - Shapleigh)                           H.B. No. 2335
	(In the Senate - Received from the House May 2, 2005; 
May 3, 2005, read first time and referred to Subcommittee on Base 
Realignment and Closure; May 13, 2005, reported favorably to 
Committee on Veteran Affairs and Military Installations; 
May 20, 2005, reported adversely, with favorable Committee 
Substitute from Committee on Veteran Affairs and Military 
Installations by the following vote:  Yeas 4, Nays 0; May 20, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2335                                   By:  Shapleigh

A BILL TO BE ENTITLED
AN ACT
relating to certain duties of state agencies with regard to members of the United States armed forces and their dependents and the communities in which they reside. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 7, Education Code, is amended by adding Section 7.029 to read as follows: Sec. 7.029. TRANSITION ASSISTANCE FOR CHILDREN OF CERTAIN MILITARY PERSONNEL. (a) The agency shall identify states and schools operated by the United States Department of Defense from which a significant number of students are transferring to school districts in this state following the closure or realignment of a military base in the state containing the school operated by the United States Department of Defense under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687). (b) The agency shall: (1) provide appropriate transition assistance for students transferring to school districts in this state from a state or a school operated by the United States Department of Defense identified under Subsection (a); and (2) pursue appropriate education reciprocity agreements with the United States Department of Defense and each state identified under Subsection (a), giving priority to agreements with states generating the largest number of transfer students. (c) Not later than January 1 of each year, the agency shall report the results of its efforts to enter into reciprocity agreements in compliance with this section to the presiding officers of the standing committees of the senate and house of representatives with primary authority over military and education issues. SECTION 2. Section 21.052(a), Education Code, is amended to read as follows: (a) The board may issue a certificate to an educator who: (1) holds: (A) a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board; or (B) a degree issued by an institution located in a foreign country, if the degree is equivalent to a degree described by Paragraph (A); (2) holds an appropriate certificate or other credential issued by another state or country or the United States Department of Defense; and (3) performs satisfactorily on: (A) the examination prescribed under Section 21.048; or (B) if the educator holds a certificate or other credential issued by another state or country or the United States Department of Defense, an examination similar to and at least as rigorous as that described by Paragraph (A) administered to the educator under the authority of that state or country or the United States Department of Defense. SECTION 3. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0521 to read as follows: Sec. 21.0521. CERTIFICATION OF CERTAIN DEPENDENTS OF MILITARY PERSONNEL. (a) The board shall issue a one-year educator certificate to a person who is a dependent of military personnel, applies for a certificate under this section, and meets the requirements for educator certification under Section 21.052. A one-year certificate issued under this section expires on the first anniversary of the date the certificate is issued. The board shall charge the dependent a fee of not more than: (1) $25 for the one-year certificate; and (2) $50 for a review of the dependent's educator certificate from another jurisdiction. (b) The board shall identify states from which a significant number of teachers are applying for a one-year educator certificate. The board shall pursue reciprocity agreements relating to teacher certification with the United States Department of Defense and each state identified under this subsection, giving priority to agreements with states generating the largest number of teachers applying for a one-year educator certificate. (c) Not later than January 1 of each year, the board shall report the results of its efforts to enter into reciprocity agreements in compliance with this section to the presiding officers of the standing committees of the senate and house of representatives with primary authority over military and education issues. SECTION 4. (a) Section 54.203, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows: (a) The governing board of each institution of higher education shall exempt the following persons from the payment of all dues, fees, and charges, including fees for correspondence courses but excluding property deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, provided the persons seeking the exemptions were residents [citizens] of Texas at the time they entered the services indicated and, except as provided by Subsection (a-1), have resided in Texas for at least the period of 12 months before the date of registration: (1) all nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I; (2) all nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and all honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service; (3) all honorably discharged men and women of the armed forces of the United States who served during the national emergency which began on June 27, 1950, and which is referred to as the Korean War; and (4) all persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who served a portion of their active duty during: (A) the Cold War which began on the date of the termination of the national emergency cited in Subdivision (3) of this subsection; (B) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975; (C) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984; (D) the Panama era which began on December 20, 1989, and ended on January 21, 1990; (E) the Persian Gulf War which began on August 2, 1990, and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first; or (F) any future national emergency declared in accordance with federal law. (a-1) Notwithstanding Subsection (a), a person who returns from active duty in the armed forces of the United States and registers in an institution of higher education before the expiration of 12 months following the date the person is released from active duty is not subject to the requirement that the person reside in this state for at least 12 months immediately preceding the date of the person's registration and is immediately eligible for the exemption provided under that subsection if the person meets the other residency requirements of that subsection. (b) The exemptions provided for in Subsection (a) [of this section] also apply [and inure] to [the benefit of] the children of members of the armed forces of the United States who are or were killed in action, who [die or] died while in service, who are missing in action, or whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States, and to the children [benefit of orphans] of members of the Texas National Guard and the Texas Air National Guard who were killed since January 1, 1946, while on active duty either in the service of their state or the United States. However, to qualify for this exemption a person must be a resident [citizen] of Texas and must have resided in the state for at least 12 months immediately preceding the date of the person's registration. (b) Section 54.203, Education Code, as amended by this Act, applies beginning with tuition and other fees charged for the 2005 fall semester. Tuition and other fees charged for an academic period before the 2005 fall semester are covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. SECTION 5. Subchapter F, Chapter 401, Government Code, is amended by adding Section 401.105 to read as follows: Sec. 401.105. ASSISTANCE TO DEFENSE COMMUNITIES. The office of the governor shall provide information to defense base communities about economic development incentives and opportunities offered by the state and how the communities may take advantage of those opportunities. SECTION 6. Chapter 486, Government Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. STATE AGENCY RESPONSIBILITIES
Sec. 486.151. DEFINITIONS. In this subchapter: (1) "Defense community" has the meaning assigned by Section 397.001, Local Government Code. (2) "State agency" means a department, commission, board, office, authority, council, or other agency in the executive branch of state government, including a university system or institution of higher education as defined by Section 61.003, Education Code. Sec. 486.152. ASSESSMENT OF PROGRAM. Each state agency shall assess its programs and determine the effect of these programs on defense communities that have been adversely or positively affected by defense base closure or realignment decisions made in 2005. Sec. 486.153. STATE AGENCY LIAISON. (a) A state agency that determines that one or more of its programs has an effect on a defense community as described by Section 486.152 shall appoint one or more agency employees to serve as a liaison between the agency and the defense community and base-transition representatives. (b) Not later than January 1, 2006, an agency liaison under Subsection (a) shall contact each defense community affected by a base closure or realignment in 2005 and provide information regarding agency services available to defense communities, displaced workers, and incoming military service members and their families, as applicable. Sec. 486.154. REPORTS. A state agency described by Section 486.153 shall include in its annual report under Section 2101.0115 a description of: (1) the steps the agency has taken to assist defense communities and military service members and their dependents after a base closure or realignment and the tangible results of these efforts in each community; and (2) the agency's ongoing efforts to assist defense communities in the future. Sec. 486.155. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2007. SECTION 7. (a) Subchapter G, Chapter 505, Occupations Code, is amended by adding Sections 505.3531 and 505.3532 to read as follows: Sec. 505.3531. HOURS OF REQUIRED SUPERVISION. (a) A person who is a member of the United States armed forces or who is the dependent of a person who is a member of the United States armed forces is entitled to receive credit for any hours of required supervision that are earned in another state or country in order to fulfill the eligibility requirements provided under Section 505.353 or rules adopted under this chapter. (b) The board shall accept the hours of required supervision of a person who qualifies for credit under Subsection (a) without requiring preapproval of the hours. Sec. 505.3532. RECIPROCAL LICENSE. (a) The board may waive any license requirement for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license from another state that has license requirements substantially equivalent to those of this state. (b) The board shall complete the processing of an application for a license under this section not later than the 30th day after the date the application is submitted to the board. (c) Not later than January 1 of each year, the board shall file a report with the presiding officers of the standing committees of the senate and house of representatives with primary authority over military issues and occupational licensing issues relating to reciprocal licenses. The report must include the number of applications filed, the number of licenses issued, and the state in which the applicant was licensed before applying under this section. (b) The change in law made by this Act governing eligibility of a person for a license under Chapter 505, Occupations Code, applies only to a license application filed with the Texas State Board of Social Worker Examiners under Chapter 505, Occupations Code, as amended by this Act, on or after the effective date of this Act. A license application filed before the effective date of this Act is governed by the law in effect at the time the application was filed, and the former law is continued in effect for that purpose. SECTION 8. Subchapter H, Chapter 1101, Occupations Code, is amended by adding Sections 1101.3605 and 1101.3606 to read as follows: Sec. 1101.3605. ELIGIBILITY REQUIREMENTS FOR NONRESIDENT APPLICANTS FOR BROKER LICENSE; ARMED FORCES OR DEPENDENTS. An applicant for a broker license who does not satisfy the education or residency requirements of this chapter is eligible for the license if the applicant provides to the commission satisfactory evidence that the applicant: (1) is a licensed real estate broker in another state; (2) is a member or dependent of a member of the United States armed forces serving in Texas; (3) satisfies the commission as to the applicant's honesty, trustworthiness, and integrity; and (4) demonstrates competence based on an examination under Subchapter I. Sec. 1101.3606. ELIGIBILITY REQUIREMENTS FOR NONRESIDENT APPLICANTS FOR SALESPERSON LICENSE; ARMED FORCES OR DEPENDENTS. An applicant for a salesperson license who does not satisfy the education or residency requirements of this chapter is eligible for the license if the applicant provides to the commission satisfactory evidence that the applicant: (1) is a licensed real estate broker or salesperson in another state; (2) is a member or dependent of a member of the United States armed forces serving in Texas; (3) satisfies the commission as to the applicant's honesty, trustworthiness, and integrity; and (4) demonstrates competence based on an examination under Subchapter I. SECTION 9. Section 1101.454(d), Occupations Code, is amended to read as follows: (d) The commission may [not] waive the requirements for renewal under this section for an applicant who is issued a license under Section 1101.3605 or 1101.3606. SECTION 10. Subchapter D, Chapter 201, Transportation Code, is amended by adding Section 201.210 to read as follows: Sec. 201.210. COOPERATION WITH MILITARY COMMUNITIES. The department shall initiate efforts to cooperate with a community in which a military base is located to develop a long-range and a short-range transportation plan in order to make the traffic flow within the community more efficient and make the military transportation needs of the base a priority. In determining the transportation needs of the community, the department shall consider: (1) the input of members of the community; and (2) the character and extent of the military operations conducted at the base. SECTION 11. This Act takes effect September 1, 2005.
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