89R6380 LRM-D
 
  By: Bumgarner H.B. No. 2210
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to inclusion of the United States Space Force in United
  States military and veteran statutory definitions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.241(b), Education Code, is amended to
  read as follows:
         (b)  A person who is an officer, enlisted person, selectee,
  or draftee of the Army, Army Reserve, Army National Guard, Air
  National Guard, Air Force, Air Force Reserve, Space Force, Navy,
  Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or
  Coast Guard Reserve of the United States, who is assigned to duty in
  Texas, and the spouse and children of such an officer, enlisted
  person, selectee, or draftee, are entitled to register in a state
  institution of higher education by paying the tuition fee and other
  fees or charges required of Texas residents, without regard to the
  length of time the officer, enlisted person, selectee, or draftee
  has been assigned to duty or resided in the state.  However,
  out-of-state Army National Guard or Air National Guard members
  attending training with Texas Army or Air National Guard units
  under National Guard Bureau regulations may not be exempted from
  nonresident tuition by virtue of that training status nor may
  out-of-state Army, Air Force, Space Force, Navy, Marine Corps, or
  Coast Guard Reserves training with units in Texas under similar
  regulations be exempted from nonresident tuition by virtue of that
  training status.  It is the intent of the legislature that only
  those members of the Army or Air National Guard or other reserve
  forces mentioned above be exempted from the nonresident tuition fee
  and other fees and charges only when they become members of Texas
  units of the military organizations mentioned above.
         SECTION 2.  Section 136.001(5), Education Code, is amended
  to read as follows:
               (5)  "Veteran" means a person who has served in:
                     (A)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States;
                     (B)  the state military forces as defined by
  Section 431.001, Government Code, other than the Texas State Guard;
  or
                     (C)  an auxiliary service of one of those branches
  of the armed forces.
         SECTION 3.  Section 171.0251(a), Election Code, is amended
  to read as follows:
         (a)  In this section, "armed forces of the United States"
  means the United States Army, the United States Navy, the United
  States Air Force, the United States Space Force, the United States
  Marine Corps, the United States Coast Guard, any reserve or
  auxiliary component of any of those services, or the National
  Guard.
         SECTION 4.  Section 411.1410(a), Government Code, is amended
  to read as follows:
         (a)  In this section, "agency of the United States armed
  forces" means the United States Army, the United States Navy, the
  United States Marine Corps, the United States Coast Guard, [or] the
  United States Air Force, or the United States Space Force.
         SECTION 5.  Section 411.1881(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  a person may not be required to complete the range instruction
  portion of a handgun proficiency course to obtain a license issued
  under this subchapter if the person:
               (1)  is currently serving in or is honorably discharged
  from:
                     (A)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States or an auxiliary service
  or reserve unit of one of those branches of the armed forces; or
                     (B)  the Texas military forces, as defined by
  Section 437.001; and
               (2)  has, within the 10 years preceding the date of the
  person's application for the license, completed as part of the
  person's service with the armed forces or Texas military forces:
                     (A)  a course of training in firearm proficiency
  or familiarization; or
                     (B)  a range qualification process for firearm
  usage.
         SECTION 6.  Section 411.1951(a), Government Code, is amended
  to read as follows:
         (a)  In this section, "veteran" means a person who:
               (1)  has served in:
                     (A)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States;
                     (B)  the Texas military forces as defined by
  Section 437.001; or
                     (C)  an auxiliary service of one of those branches
  of the armed forces; and
               (2)  has been honorably discharged from the branch of
  the service in which the person served.
         SECTION 7.  Section 434.022(a), Government Code, is amended
  to read as follows:
         (a)  In this section, "veteran" means a person who has served
  in:
               (1)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States; or
               (2)  the Texas National Guard as defined by Section
  431.001.
         SECTION 8.  Section 434.023(a), Government Code, is amended
  to read as follows:
         (a)  In this section, "veteran" means a person who has served
  in:
               (1)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States; or
               (2)  the Texas National Guard as defined by Section
  431.001.
         SECTION 9.  Section 434.351(3), Government Code, is amended
  to read as follows:
               (3)  "Veteran" means a person who has served in:
                     (A)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States;
                     (B)  the state military forces as defined by
  Section 431.001; or
                     (C)  an auxiliary service of one of those branches
  of the armed forces.
         SECTION 10.  Section 526.0602(a), Government Code, is
  amended to read as follows:
         (a)  In this section, "service member" means a member of the
  United States military serving in the army, navy, air force, space
  force, marine corps, or coast guard on active duty.
         SECTION 11.  Section 531.0931(a), Government Code, is
  amended to read as follows:
         (a)  In this section, "military member" means a member of the
  United States military serving in the army, navy, air force, space
  force, marine corps, or coast guard on active duty.
         SECTION 12.  Section 552.117(a), Government Code, is amended
  to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if it is information that relates to the home
  address, home telephone number, emergency contact information, or
  social security number of the following person or that reveals
  whether the person has family members:
               (1)  a current or former official or employee of a
  governmental body, except as otherwise provided by Section 552.024;
               (2)  a current or honorably retired peace officer as
  defined by Article 2A.001, Code of Criminal Procedure, or a current
  or honorably retired security officer commissioned under Section
  51.212, Education Code, regardless of whether the officer complies
  with Section 552.024 or 552.1175, as applicable;
               (3)  a current or former employee of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department, regardless of
  whether the current or former employee complies with Section
  552.1175;
               (4)  a peace officer as defined by Article 2A.001, Code
  of Criminal Procedure, or other law, a reserve law enforcement
  officer, a commissioned deputy game warden, or a corrections
  officer in a municipal, county, or state penal institution in this
  state who was killed in the line of duty, regardless of whether the
  deceased complied with Section 552.024 or 552.1175;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code, regardless of whether the
  officer complies with Section 552.024 or 552.1175, as applicable;
               (6)  an officer or employee of a community supervision
  and corrections department established under Chapter 76 who
  performs a duty described by Section 76.004(b), regardless of
  whether the officer or employee complies with Section 552.024 or
  552.1175;
               (7)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement or are performed under
  Chapter 231, Family Code, regardless of whether the current or
  former employee complies with Section 552.024 or 552.1175;
               (8)  a current or former employee of the Texas Juvenile
  Justice Department or of the predecessors in function of the
  department, regardless of whether the current or former employee
  complies with Section 552.024 or 552.1175;
               (9)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code, regardless of whether the
  current or former officer complies with Section 552.024 or
  552.1175;
               (10)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code, regardless of whether the current or former
  employee complies with Section 552.024 or 552.1175;
               (11)  a current or former member of the United States
  Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps, an
  auxiliary service of one of those branches of the armed forces, or
  the Texas military forces, as that term is defined by Section
  437.001;
               (12)  a current or former district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters, regardless of whether the current or former attorney
  complies with Section 552.024 or 552.1175;
               (13)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters, regardless of whether the current or
  former employee complies with Section 552.024 or 552.1175;
               (14)  a current or former employee of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office, regardless of whether the current or
  former employee complies with Section 552.024 or 552.1175;
               (15)  a current or former federal judge or state judge,
  as those terms are defined by Section 1.005, Election Code, a
  federal bankruptcy judge, a marshal of the United States Marshals
  Service, a United States attorney, or a family member of a current
  or former federal judge, including a federal bankruptcy judge, a
  marshal of the United States Marshals Service, a United States
  attorney, or a state judge;
               (16)  a current or former child protective services
  caseworker, adult protective services caseworker, or investigator
  for the Department of Family and Protective Services, regardless of
  whether the caseworker or investigator complies with Section
  552.024 or 552.1175, or a current or former employee of a department
  contractor performing child protective services caseworker, adult
  protective services caseworker, or investigator functions for the
  contractor on behalf of the department;
               (17)  an elected public officer, regardless of whether
  the officer complies with Section 552.024 or 552.1175;
               (18)  a current or former United States attorney,
  assistant United States attorney, federal public defender, deputy
  federal public defender, or assistant federal public defender and
  the spouse or child of the current or former attorney or public
  defender, regardless of whether the person complies with Section
  552.024 or 552.1175; or
               (19)  a firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code, regardless of whether the firefighter or
  volunteer firefighter or emergency medical services personnel
  comply with Section 552.024 or 552.1175, as applicable.
         SECTION 13.  Section 552.1175(a), Government Code, is
  amended to read as follows:
         (a)  This section applies only to:
               (1)  current or honorably retired peace officers as
  defined by Article 2A.001, Code of Criminal Procedure, or special
  investigators as described by Article 2A.002, Code of Criminal
  Procedure;
               (2)  current or honorably retired county jailers as
  defined by Section 1701.001, Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  a current or former district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters;
               (5-a)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2A.002(a), Code of Criminal Procedure;
               (8)  current or honorably retired police officers and
  inspectors of the United States Federal Protective Service;
               (9)  current and former employees of the office of the
  attorney general who are or were assigned to a division of that
  office the duties of which involve law enforcement or are performed
  under Chapter 231, Family Code;
               (10)  current or former juvenile probation and
  detention officers certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code;
               (11)  current or former employees of a juvenile justice
  program or facility, as those terms are defined by Section 261.405,
  Family Code;
               (12)  current or former employees of the Texas Juvenile
  Justice Department or the predecessors in function of the
  department;
               (13)  federal judges and state judges as defined by
  Section 1.005, Election Code;
               (14)  current or former employees of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office;
               (15)  a current or former member of the United States
  Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps, an
  auxiliary service of one of those branches of the armed forces, or
  the Texas military forces, as that term is defined by Section
  437.001;
               (16)  a current or former child protective services
  caseworker, adult protective services caseworker, or investigator
  for the Department of Family and Protective Services or a current or
  former employee of a department contractor performing child
  protective services caseworker, adult protective services
  caseworker, or investigator functions for the contractor on behalf
  of the department;
               (17)  an elected public officer;
               (18)  a firefighter or volunteer firefighter or
  emergency medical services personnel as defined by Section 773.003,
  Health and Safety Code; and
               (19)  a current or former United States attorney,
  assistant United States attorney, federal public defender, deputy
  federal public defender, or assistant federal public defender.
         SECTION 14.  Section 2303.003(9), Government Code, is
  amended to read as follows:
               (9)  "Veteran" means a person who:
                     (A)  has served in:
                           (i)  the army, navy, air force, space force,
  coast guard, or marine corps of the United States;
                           (ii)  the state military forces as defined
  by Section 431.001; or
                           (iii)  an auxiliary service of one of those
  branches of the armed forces; and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
         SECTION 15.  Section 2308.251(2), Government Code, is
  amended to read as follows:
               (2)  "Veteran" means a person who:
                     (A)  has served in:
                           (i)  the army, navy, air force, space force,
  coast guard, or marine corps of the United States or the United
  States Public Health Service under 42 U.S.C. Section 201 et seq., as
  amended;
                           (ii)  the Texas military forces as defined
  by Section 437.001; or
                           (iii)  an auxiliary service of one of those
  branches of the armed forces; and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
         SECTION 16.  Section 259.002(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A health care facility licensed by the department under
  this subtitle or owned or operated by the state may not employ a
  person to practice surgical technology in that health care facility
  unless that person provides evidence that the person:
               (1)  has successfully completed an accredited
  educational program for surgical technologists and holds and
  maintains certification as a surgical technologist by:
                     (A)  the National Board of Surgical Technology and
  Surgical Assisting or its successor;
                     (B)  the National Center for Competency Testing or
  its successor; or
                     (C)  another surgical technologist certification
  program approved by the department;
               (2)  has completed an appropriate training program for
  surgical technology in the army, navy, air force, space force,
  marine corps, or coast guard of the United States or in the United
  States Public Health Service;
               (3)  was employed to practice surgical technology in a
  health care facility before September 1, 2009; or
               (4)  is in the service of the federal government, to the
  extent the person is performing duties related to that service.
         SECTION 17.  Section 716.001(16), Health and Safety Code, is
  amended to read as follows:
               (16)  "Veteran" means an individual who:
                     (A)  has served in:
                           (i)  the army, navy, air force, space force,
  coast guard, or marine corps of the United States;
                           (ii)  the state military forces as defined
  by Section 431.001, Government Code; or
                           (iii)  an auxiliary service of one of those
  branches of the armed forces; and
                     (B)  has been honorably discharged from the branch
  of the service in which the individual served.
         SECTION 18.  Section 773.050(c-1), Health and Safety Code,
  is amended to read as follows:
         (c-1)  In this subsection, "United States military" means
  the United States Army, the United States Navy, the United States
  Air Force, the United States Space Force, the United States Marine
  Corps, the United States Coast Guard, any reserve or auxiliary
  component of any of those services, or the National Guard.  The
  executive commissioner by rule shall provide that an individual is
  eligible for emergency medical services personnel certification
  through reciprocity if the individual:
               (1)  successfully completed emergency medical services
  training provided by the United States military;
               (2)  has emergency medical services personnel
  credentials from the United States military; and
               (3)  is certified by the National Registry of Emergency
  Medical Technicians.
         SECTION 19.  Section 1001.221(2), Health and Safety Code, is
  amended to read as follows:
               (2)  "Veteran" means a person who has served in:
                     (A)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States;
                     (B)  the state military forces as defined by
  Section 431.001, Government Code; or
                     (C)  an auxiliary service of one of those branches
  of the armed forces.
         SECTION 20.  Section 137.201, Human Resources Code, is
  amended to read as follows:
         Sec. 137.201.  DEFINITIONS.  In this subchapter, "veteran"
  means a person who has served in:
               (1)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States;
               (2)  the state military forces as defined by Section
  431.001, Government Code; or
               (3)  an auxiliary service of one of those branches of
  the armed forces.
         SECTION 21.  Section 501.002(12), Local Government Code, is
  amended to read as follows:
               (12)  "Primary job" means:
                     (A)  a job that is:
                           (i)  available at a company for which a
  majority of the products or services of that company are ultimately
  exported to regional, statewide, national, or international
  markets infusing new dollars into the local economy; and
                           (ii)  included in one of the following
  sectors of the North American Industry Classification System
  (NAICS):
 
NAICS Sector # Description
 
111 Crop Production
 
112 Animal Production
 
113 Forestry and Logging
 
11411 Commercial Fishing
 
115 Support Activities for Agriculture and Forestry
 
211-213 Mining
 
221 Utilities
 
311-339 Manufacturing
 
42 Wholesale Trade
 
48-49 Transportation and Warehousing
 
51 (excluding 512131 and 512132) Information (excluding motion picture theaters and drive-in motion picture theaters)
 
523-525 Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles
 
5413, 5415, 5416, 5417, and 5419 Architectural, Engineering, and Related Services; Computer System Design and Related Services; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; Other Professional, Scientific, and Technical Services
 
551 Management of Companies and Enterprises
 
56142 Telephone Call Centers
 
922140 Correctional Institutions; or
                     (B)  a job that is included in North American
  Industry Classification System (NAICS) sector number 928110,
  National Security, for the corresponding index entries for Armed
  Forces, Army, Navy, Air Force, Space Force, Marine Corps, and
  Military Bases.
         SECTION 22.  Section 161.001(a)(7), Natural Resources Code,
  is amended to read as follows:
               (7)  "Veteran" means a person who:
                     (A)(i)  served not less than 90 days, unless
  sooner discharged by reason of a service-connected disability, on
  active duty in the Army, Navy, Air Force, Space Force, Coast Guard,
  United States Public Health Service (as constituted under 42 U.S.C.
  Section 201 et seq.), or Marine Corps of the United States after
  September 16, 1940, and who on the date of filing an application
  under the program has not been dishonorably discharged from the
  branch of the service in which the person served;
                           (ii)  has at least 20 years of active or
  reserve military service as computed when determining the person's
  eligibility to receive retired pay under applicable federal law;
                           (iii)  has enlisted or received an
  appointment in the Texas National Guard, who has completed all
  initial active duty training required as a condition of the
  enlistment or appointment, and who on the date of filing the
  person's application has not been dishonorably discharged from the
  Texas National Guard; or
                           (iv)  served in the armed forces of the
  Republic of Vietnam between February 28, 1961, and May 7, 1975, if
  the board adopts a rule regarding these veterans under Subsection
  (b);
                     (B)  at the time of the person's enlistment,
  induction, commissioning, appointment, or drafting was a bona fide
  resident of this state or has resided in this state at least one
  year immediately before the date of filing an application under
  this chapter; and
                     (C)  at the time of the person's application under
  this chapter is a bona fide resident of this state.  The term
  includes the unmarried surviving spouse of a veteran who died or who
  is identified as missing in action if the deceased or missing
  veteran meets the requirements of this section, with the exception
  that the deceased or missing veteran need not have served 90 days
  under Paragraph (A)(i) of this subdivision, and if the deceased or
  missing veteran was a bona fide resident of this state at the time
  of enlistment, induction, commissioning, appointment, or drafting.
         SECTION 23.  Section 202.304(a), Occupations Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (c), this section
  applies to a podiatrist whose license has been suspended or
  revoked, or whose most recently issued renewal certificate has
  expired, while the podiatrist has been:
               (1)  engaged in federal service or on active duty with:
                     (A)  the United States Army;
                     (B)  the United States Navy;
                     (C)  the United States Marine Corps;
                     (D)  the United States Coast Guard; [or]
                     (E)  the United States Air Force; or
                     (F)  the United States Space Force;
               (2)  called into service or training of the United
  States; or
               (3)  in training or education under the supervision of
  the United States before induction into military service.
         SECTION 24.  Section 451.003, Occupations Code, is amended
  to read as follows:
         Sec. 451.003.  APPLICABILITY.  This chapter does not apply
  to:
               (1)  a physician licensed by the Texas Medical Board or
  engaged in the practice of medicine as authorized by Section
  151.0521;
               (2)  a dentist, licensed under the laws of this state,
  engaged in the practice of dentistry;
               (3)  a licensed optometrist or therapeutic optometrist
  engaged in the practice of optometry or therapeutic optometry as
  defined by statute;
               (4)  an occupational therapist engaged in the practice
  of occupational therapy;
               (5)  a nurse engaged in the practice of nursing;
               (6)  a licensed podiatrist engaged in the practice of
  podiatry as defined by statute;
               (7)  a physical therapist engaged in the practice of
  physical therapy;
               (8)  a registered massage therapist engaged in the
  practice of massage therapy;
               (9)  a commissioned or contract physician, physical
  therapist, or physical therapist assistant in the United States
  Army, Navy, Air Force, Space Force, or Public Health Service; or
               (10)  an athletic trainer who does not live in this
  state, who is licensed, registered, or certified by an authority
  recognized by the department, and who provides athletic training in
  this state for a period determined by the department.
         SECTION 25.  Section 1701.265(a), Occupations Code, is
  amended to read as follows:
         (a)  In this section, "veteran" means a person who has served
  in:
               (1)  the army, navy, air force, space force, coast
  guard, or marine corps of the United States; or
               (2)  the Texas National Guard as defined by Section
  431.001, Government Code.
         SECTION 26.  Section 312.0021(a)(1), Tax Code, is amended to
  read as follows:
               (1)  "Military aviation facility" means a base,
  station, fort, or camp at which fixed-wing aviation operations or
  training is conducted by the United States Air Force, the United
  States Air Force Reserve, the United States Space Force, the United
  States Army, the United States Army Reserve, the United States
  Navy, the United States Navy Reserve, the United States Marine
  Corps, the United States Marine Corps Reserve, the United States
  Coast Guard, the United States Coast Guard Reserve, or the Texas
  National Guard.
         SECTION 27.  Section 521.1235(a)(3), Transportation Code,
  is amended to read as follows:
               (3)  "Veteran" means a person who:
                     (A)  has served in:
                           (i)  the army, navy, air force, space force,
  coast guard, or marine corps of the United States; or
                           (ii)  the Texas National Guard as defined by
  Section 437.001, Government Code; and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
         SECTION 28.  The changes in law made by this Act are intended
  to clarify rather than change existing law.
         SECTION 29.  This Act takes effect September 1, 2025.