89R12663 LRM-F
 
  By: Dutton H.B. No. 4351
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to postsecondary degree requirements in hiring and
  contracting by governmental entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Government Code, is amended
  by adding Chapter 621 to read as follows:
  CHAPTER 621. QUALIFICATIONS FOR CERTAIN PUBLIC EMPLOYEE POSITIONS
         Sec. 621.001.  DEFINITIONS. In this chapter:
               (1)  "Direct experience" means any verifiable,
  previous work experience in which:
                     (A)  the applicant's primary duties were
  consistent with the primary duties of the vacant position; or
                     (B)  the skills necessary to perform the
  applicant's primary duties are transferable to the vacant position.
               (2)  "Postsecondary degree" means an associate's,
  bachelor's, master's, professional, or doctoral degree from an
  accredited institution of higher education.
               (3)  "Public employer" means a state agency or a
  political subdivision of this state, including a municipality and
  county, that seeks to hire an individual for a vacant position.
         Sec. 621.002.  ALTERNATIVE TO POSTSECONDARY DEGREE
  REQUIREMENTS FOR PUBLIC EMPLOYERS. (a) A public employer may
  establish for a vacant position as an alternative to a
  postsecondary degree requirement a specific number of years of
  direct experience in a similar position not to exceed:
               (1)  two years of direct experience for an associate's
  degree;
               (2)  four years of direct experience for a bachelor's
  degree;
               (3)  six years of direct experience for a master's
  degree;
               (4)  seven years of direct experience for a
  professional degree; or
               (5)  nine years of direct experience for a doctoral
  degree.
         (b)  A public employer may not substitute direct experience
  under this section for a licensure, certification, or registration
  requirement for a vacant position that is included in
  advertisements for the position.
         (c)  A public employer that elects to substitute direct
  experience for a postsecondary degree requirement for a vacant
  position must include in all advertisements for the position notice
  of the substitution opportunity and a description of the experience
  eligible for substitution.
         SECTION 2.  Subchapter Z, Chapter 2252, Government Code, is
  amended by adding Section 2252.911 to read as follows:
         Sec. 2252.911.  POSTSECONDARY DEGREE REQUIREMENTS FOR
  CONTRACTS FOR SERVICES.   (a) In this section:
               (1)  "Direct experience" has the meaning assigned by
  Section 621.001.
               (2)  "Governmental entity" has the meaning assigned by
  Section 2252.001.
               (3)  "Postsecondary degree" has the meaning assigned by
  Section 621.001.
         (b)  This section applies only to a contract for services.
         (c)  A governmental entity may establish for services
  performed under a contract as an alternative to a postsecondary
  degree requirement a specific number of years of direct experience
  if the person providing the services under the contract is
  otherwise qualified to provide the contracted services.
         SECTION 3.  This Act takes effect September 1, 2025.