| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to state occupational licensing of certain military |
|
|
veterans and military spouses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.052, Education Code, is amended by |
|
|
amending Subsections (a-1), (b-1), and (f) and adding Subsection |
|
|
(i) to read as follows: |
|
|
(a-1) The commissioner may adopt rules establishing |
|
|
exceptions to the examination requirements prescribed by |
|
|
Subsection (a)(3) for an educator who is a military veteran or |
|
|
military spouse or is from outside the state to obtain a certificate |
|
|
in this state. |
|
|
(b-1) The board shall propose rules in accordance with |
|
|
Sections 55.005 and 55.006, Occupations Code, to establish |
|
|
procedures to expedite the processing of an application for a |
|
|
certificate under this section submitted by an educator who is a |
|
|
military veteran or military [the] spouse [of a person who is |
|
|
serving on active duty as a member of the armed forces of the United |
|
|
States], including rules for providing a permanent change of |
|
|
station order or military identification card [the appropriate |
|
|
documentation to establish the educator's status as a spouse of a |
|
|
person who is serving on active duty as a member of the armed forces |
|
|
of the United States]. |
|
|
(f) The board shall post on the board's Internet website the |
|
|
procedures for obtaining a certificate under Subsection (a) and the |
|
|
notice required under Section 55.010, Occupations Code. |
|
|
(i) In this section: |
|
|
(1) "Active duty" means current full-time military |
|
|
service in the armed forces of the United States or active duty |
|
|
military service as a member of the Texas military forces, as |
|
|
defined by Section 437.001, Government Code, or similar military |
|
|
service of another state. |
|
|
(2) "Armed forces of the United States" means the |
|
|
army, navy, air force, coast guard, or marine corps of the United |
|
|
States or a reserve unit of one of those branches of the armed |
|
|
forces. |
|
|
(3) "Military service member" means a person who is on |
|
|
active duty. |
|
|
(4) "Military spouse" means a person who is married to |
|
|
a military service member. |
|
|
(5) "Military veteran" means a person who has served |
|
|
on active duty and who was discharged or released from active duty. |
|
|
SECTION 2. Section 55.004, Occupations Code, is amended by |
|
|
adding Subsections (a-1) and (d) to read as follows: |
|
|
(a-1) In adopting rules under Subsection (a), the state |
|
|
agency shall ensure that a military veteran or military spouse |
|
|
receives appropriate credit for the individual's experience, |
|
|
including clinical and professional experience, in a licensed |
|
|
profession. |
|
|
(d) A state agency that issues a license that has a |
|
|
residency requirement for license eligibility shall adopt rules to |
|
|
allow a military spouse applicant to establish residency for |
|
|
purposes of this subsection by providing to the agency a copy of the |
|
|
permanent change of station order for the military service member |
|
|
to whom the spouse is married or the spouse's military |
|
|
identification card. |
|
|
SECTION 3. Section 55.0041(b), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(b) Before engaging in the practice of the business or |
|
|
occupation, the military spouse must: |
|
|
(1) notify the applicable state agency of the spouse's |
|
|
intent to practice in this state; |
|
|
(2) submit to the agency proof of the spouse's |
|
|
residency in this state by providing to the agency [and] a copy of: |
|
|
(A) the permanent change of station order for the |
|
|
military service member to whom the spouse is married; or |
|
|
(B) the spouse's military identification card; |
|
|
and |
|
|
(3) receive from the agency confirmation that: |
|
|
(A) the agency has verified the spouse's license |
|
|
in the other jurisdiction; and |
|
|
(B) the spouse is authorized to engage in the |
|
|
business or occupation in accordance with this section. |
|
|
SECTION 4. Section 2, Chapter 1048 (H.B. 1934), Acts of the |
|
|
85th Legislature, Regular Session, 2017, is repealed. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
an initial application for or an application for renewal of an |
|
|
occupational license or certificate filed on or after the effective |
|
|
date of this Act. An application for a license or certificate filed |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect immediately before that date, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |