Bill Text: TX SB1128 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 1128

Introduced

Bill Title: Relating to the service of and certain benefits for members of the Texas military forces, including tuition assistance at postsecondary educational institutions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Vet Affairs [SB1128 Detail]

Download: Texas-2023-SB1128-Introduced.html

	2023S0176-1 02/21/23

	By: Blanco	S.B. No. 1128


	A BILL TO BE ENTITLED
	AN ACT
	relating to the service of and certain benefits for members of the
	Texas military forces, including tuition assistance at
	postsecondary educational institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act shall be known as The Texas Guardsman
	Bill of Rights.
	SECTION 2. Section 437.005, Government Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) If the governor or adjutant general activates the
	Texas National Guard to state active duty, the order activating the
	Texas National Guard must include a defined end date for the
	activation.
	SECTION 3. Subchapter A, Chapter 437, Government Code, is
	amended by adding Section 437.0051 to read as follows:
	Sec. 437.0051. DWELL TIME REQUIREMENTS. (a) In this
	section:
	(1) "Dwell time" means the period that a service
	member spends in the service member's home station between
	activations.
	(2) "Long-term state active duty" means state active
	duty that lasts longer than 270 days.
	(b) Except as provided by Subsection (c), the governor or
	adjutant general may not activate a member of the Texas military
	forces to long-term state active duty unless the member has been
	given dwell time as follows:
	(1) the time required by federal law;
	(2) 12 months for a member of the state military forces
	who has served for more than 270 consecutive days on:
	(A) state active duty; or
	(B) active duty under Title 10 or Title 32,
	United States Code;
	(3) 12 months from the date of completion of initial
	entry training for a member who has completed the member's initial
	entry training; or
	(4) 24 months for a member of the state military forces
	who has had consecutive activations under the authority of any of
	the following:
	(A) Title 10, United States Code;
	(B) Title 32, United States Code; or
	(C) Section 437.005.
	(c) A member of the Texas military forces may be activated
	for long-term state active duty before the expiration of the dwell
	time required by this section if the member voluntarily waives the
	requirement.
	SECTION 4. Subchapter E, Chapter 437, Government Code, is
	amended by adding Sections 437.2125, 437.2126, 437.2127, and
	437.2128 to read as follows:
	Sec. 437.2125. MATERNITY CONVALESCENT LEAVE. (a) A
	service member of the Texas military forces serving on state active
	duty who becomes a parent after a qualifying birth event, as defined
	by rule of the adjutant general, is entitled to not more than six
	weeks of maternity convalescent leave equivalent to the maternity
	convalescent leave provided under the federal Military Parental
	Leave Program. Leave taken under this subsection does not count
	against the service member's leave balance. A service member
	entitled to leave under this subsection may request the leave for a
	period of less than six weeks.
	(b) A service member may request an extension of the
	maternity convalescent leave provided under Subsection (a) for an
	additional period not to exceed six weeks if:
	(1) the service member's medical provider submits a
	written recommendation for the extension;
	(2) the additional leave is necessary to address a
	diagnosed medical condition; and
	(3) the service member's commanding officer approves
	the extension.
	(c) Leave granted under this section must be taken
	immediately after a qualifying birth event, beginning on the first
	full day after the date the service member is discharged or released
	from the hospital or facility where the birth occurred. The leave
	may only be taken in one increment.
	(d) A service member may take leave under this section
	consecutively with other leave, including primary or secondary
	caregiver leave under Section 437.2126 or 437.2127. The service
	member must take leave under this section before taking other
	leave.
	(e) A service member may not transfer leave under this
	section to another service member.
	(f) A service member forfeits leave granted under this
	section on separation from active service.
	(g) A commanding officer may not disapprove a request for
	leave under Subsection (a).
	Sec. 437.2126. PRIMARY CAREGIVER LEAVE. (a) A service
	member of the Texas military forces serving on state active duty who
	is designated as a primary caregiver in connection with a
	qualifying birth event, as defined by adjutant general rule, or
	adoption is entitled to not more than six weeks of primary caregiver
	leave equivalent to the primary caregiver leave provided under the
	federal Military Parental Leave Program. Leave taken under this
	subsection does not count against the service member's leave
	balance.
	(b) A service member entitled to leave under this section
	may request the leave for a period of less than six weeks.
	Sec. 437.2127. SECONDARY CAREGIVER LEAVE. (a) A service
	member of the Texas military forces serving on state active duty who
	is designated as a secondary caregiver in connection with a
	qualifying birth event, as defined by adjutant general rule, or
	adoption is entitled to not more than three weeks of secondary
	caregiver leave equivalent to the secondary caregiver leave
	provided under the federal Military Parental Leave Program. Leave
	taken under this subsection does not count against the service
	member's leave balance.
	(b) A service member entitled to leave under this section
	may request the leave for a period of less than three weeks.
	Sec. 437.2128. PROVISIONS APPLICABLE TO PRIMARY AND
	SECONDARY CAREGIVER LEAVE. (a) The amount of leave a service
	member is granted under Section 437.2126 or 437.2127 is reduced by
	one day for each day that maternity convalescent leave is extended
	for the service member under Section 437.2125(b).
	(b) Leave granted under Section 437.2126 or 437.2127 must
	begin before the first anniversary of the date of the qualifying
	birth event or adoption. The leave may only be taken in one
	increment.
	(c) A service member may take leave under Section 437.2126
	or 437.2127 consecutively with other leave, including maternity
	convalescent leave under Section 437.2125. The service member is
	required to take leave under those sections after maternity
	convalescent leave under Section 437.2125 and before any other type
	of leave.
	(d) A service member may not transfer leave under Section
	437.2126 or 437.2127 to another service member. A service member
	may not take leave under those sections consecutively with other
	leave taken immediately before separation or retirement from
	service or consecutively with an administratively authorized
	absence of duty.
	(e) A service member is not entitled to leave under Section
	437.2126 or 437.2127 for:
	(1) a qualifying birth event in which the child is
	placed for adoption with another person; or
	(2) a qualifying birth event or adoption of a child for
	whom the designated secondary caregiver's parental rights are
	terminated.
	(f) Leave granted under Section 437.2126 or 437.2127
	terminates on the death of the child. A service member who is
	eligible for leave under those sections whose child dies while the
	service member is on the leave may be transitioned to emergency
	leave that counts against the service member's leave balance.
	(g) A service member who separates from active state service
	forfeits leave granted under Section 437.2126 or 437.2127.
	SECTION 5. Sections 437.226(c), (d), (e), (f), (g), and
	(i), Government Code, are amended to read as follows:
	(c) The adjutant general shall grant assistance for tuition
	and mandatory fees under this section to eligible service members,
	in an amount not to exceed the amount provided in the General
	Appropriations Act. The adjutant general may apportion the number
	of assistance awards among the components of the Texas military
	forces necessary to meet the recruitment and retention needs of
	those components. The number of assistance awards made to members
	of the Texas State Guard may not exceed 45 [30] for any semester or
	term unless the adjutant general finds a compelling need for
	additional awards to members of the Texas State Guard.
	(d) Assistance for tuition and mandatory fees may be awarded
	under this section for tuition and mandatory fees charged for any
	undergraduate or graduate course for any semester or term at an
	institution of higher education or private or independent
	institution of higher education, including a vocational or
	technical course.
	(e) A service member may not receive assistance for tuition
	under this section for more than 15 [12] semester credit hours in
	any semester or term.
	(f) A service member may not receive assistance for tuition
	and mandatory fees under this section for more than 5 academic years
	or 15 [10] semesters or terms, whichever occurs first for the
	service member.
	(g) Before each semester or term, the department must
	certify to the appropriate public and private institutions of
	higher education a list of the service members to whom the adjutant
	general has awarded assistance for tuition and mandatory fees under
	this section for that semester or term. The amount of assistance
	awarded by the adjutant general under this section may not exceed
	the amount of money available to fund the assistance awards.
	(i) From money appropriated for purposes of this section,
	the department shall authorize the comptroller to make a grant to a
	service member attending a private or independent institution of
	higher education to whom the adjutant general has awarded
	assistance for tuition and mandatory fees for the semester or term
	under this section. The amount of a grant under this subsection is
	an amount equal to the average amount of reimbursement the
	department estimates will be paid per student for the same semester
	or term under Subsection (h).
	SECTION 6. Sections 54.345(b) and (c), Education Code, are
	amended to read as follows:
	(b) An institution of higher education shall exempt a person
	certified by the adjutant general as described by Subsection (a)
	from the payment of tuition for the semester credit hours for which
	the person enrolls, not to exceed 15 [12] semester credit hours. If
	the person is not charged tuition at the rate provided for other
	Texas residents, the amount of the exemption may not exceed the
	amount of tuition the person would be charged as a Texas resident
	for the number of semester credit hours for which the person
	enrolls, not to exceed 15 [12] semester credit hours.
	(c) An institution of higher education shall exempt a person
	who receives an exemption from tuition under Subsection (b) from
	the payment of all mandatory fees for any semester or term in which
	the person receives the tuition exemption.
	SECTION 7. The adjutant general shall adopt rules required
	by Sections 2 through 4 of this Act not later than January 1, 2024.
	SECTION 8. The changes in law made by Sections 2 through 4
	of this Act apply only to an order to state active duty that is
	issued on or after the effective date of this Act. An order to state
	active duty that is issued before the effective date of this Act is
	governed by the law in effect on the date the order is issued, and
	the former law is continued in effect for that purpose.
	SECTION 9. Sections 5 and 6 of this Act apply beginning with
	the 2023 fall semester.
	SECTION 10. This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2023.