Bill Text: TX SB162 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to the occupational licensing of spouses of members of the military and the eligibility requirements for certain occupational licenses issued to applicants with military experience.

Status: (Passed) 2013-05-18 - Effective immediately [SB162 Detail]

Download: Texas-2013-SB162-Enrolled.html
 
 
  S.B. No. 162
 
 
 
 
AN ACT
  relating to the occupational licensing of spouses of members of the
  military and the eligibility requirements for certain occupational
  licenses issued to applicants with military experience.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 55, Occupations Code, is
  amended to read as follows:
  CHAPTER 55.  LICENSING OF MILITARY SERVICE MEMBERS, MILITARY
  VETERANS, [LICENSE WHILE ON MILITARY DUTY] AND [FOR] MILITARY
  SPOUSES [SPOUSE]
         SECTION 2.  Section 55.001, Occupations Code, is amended by
  adding Subdivisions (1-a), (1-b), and (1-c) to read as follows:
               (1-a)  "Military service member" means a person who is
  currently serving in the armed forces of the United States, in a
  reserve component of the armed forces of the United States,
  including the National Guard, or in the state military service of
  any state.
               (1-b)  "Military spouse" means a person who is married
  to a military service member who is currently on active duty.
               (1-c)  "Military veteran" means a person who has served
  in the army, navy, air force, marine corps, or coast guard of the
  United States, or in an auxiliary service of one of those branches
  of the armed forces.
         SECTION 3.  Chapter 55, Occupations Code, is amended by
  adding Sections 55.005, 55.006, and 55.007 to read as follows:
         Sec. 55.005.  EXPEDITED LICENSE PROCEDURE FOR MILITARY
  SPOUSES. (a)  A state agency that issues a license shall, as soon
  as practicable after a military spouse files an application for a
  license:
               (1)  process the application; and
               (2)  issue a license to a qualified military spouse
  applicant who holds a current license issued by another
  jurisdiction that has licensing requirements that are
  substantially equivalent to the licensing requirements in this
  state.
         (b)  A license issued under this section may not be a
  provisional license and must confer the same rights, privileges,
  and responsibilities as a license not issued under this section.
         Sec. 55.006.  RENEWAL OF EXPEDITED LICENSE ISSUED TO
  MILITARY SPOUSE. (a)  As soon as practicable after a state agency
  issues a license under Section 55.005, the state agency shall
  determine the requirements for the license holder to renew the
  license.
         (b)  The state agency shall notify the license holder of the
  requirements for renewing the license in writing or by electronic
  means.
         (c)  A license issued under Section 55.005 has the term
  established by law or state agency rule, or a term of 12 months from
  the date the license is issued, whichever term is longer.
         Sec. 55.007.  LICENSE ELIGIBILITY REQUIREMENTS FOR
  APPLICANTS WITH MILITARY EXPERIENCE. (a)  Notwithstanding any
  other law, a state agency that issues a license shall, with respect
  to an applicant who is a military service member or military
  veteran, credit verified military service, training, or education
  toward the licensing requirements, other than an examination
  requirement, for a license issued by the state agency.
         (b)  The state agency shall adopt rules necessary to
  implement this section.
         (c)  Rules adopted under this section may not apply to an
  applicant who:
               (1)  holds a restricted license issued by another
  jurisdiction; or
               (2)  has an unacceptable criminal history according to
  the law applicable to the state agency.
         SECTION 4.  Subchapter G, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.315 to read as follows:
         Sec. 1701.315.  LICENSE REQUIREMENTS FOR PERSONS WITH
  MILITARY SPECIAL FORCES TRAINING.  (a)  In this section, "special
  forces" means a special forces component of the United States armed
  forces, including:
               (1)  the United States Army Special Forces;
               (2)  the United States Navy SEALs;
               (3)  the United States Air Force Pararescue;
               (4)  the United States Marine Corps Force
  Reconnaissance; and
               (5)  any other component of the United States Special
  Operations Command approved by the commission.
         (b)  The commission shall adopt rules to allow an applicant
  to qualify to take an examination described by Section 1701.304 if
  the applicant:
               (1)  has served in the special forces;
               (2)  has successfully completed a special forces
  training course and provides to the commission documentation
  verifying completion of the course;
               (3)  completes a supplemental peace officer training
  course; and
               (4)  completes any other training required by the
  commission after the commission has reviewed the applicant's
  military training.
         (c)  Commission rules adopted under Subsection (b) shall
  include rules:
               (1)  to determine acceptable forms of documentation
  that satisfy the requirements of Subsection (b);
               (2)  under which the commission may waive any other
  license requirement for an applicant described by Subsection (b)
  based on other relevant military training the applicant has
  received, as determined by the commission, including intelligence
  or medical training; and
               (3)  to establish an expedited application process for
  an applicant described by Subsection (b).
         (d)  The commission shall review the content of the training
  course for each special forces component described by Subsection
  (a) and in adopting rules under Subsection (b) specify the training
  requirements an applicant who has completed that training course
  must complete and the training requirements from which an applicant
  who has completed that training course is exempt.
         SECTION 5.  (a)  Sections 55.005, 55.006, and 55.007,
  Occupations Code, as added by this Act, apply only to an application
  for a license filed with a state agency as defined by Section
  55.001, Occupations Code, on or after March 1, 2014.  An application
  for a license filed before March 1, 2014, is governed by the law in
  effect immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         (b)  Each state agency as defined by Section 55.001,
  Occupations Code, shall adopt rules under Sections 55.005, 55.006,
  and 55.007, Occupations Code, as added by this Act, not later than
  January 1, 2014.
         (c)  Section 1701.315, Occupations Code, as added by this
  Act, applies only to an application for a license filed with the
  Commission on Law Enforcement Officer Standards and Education on or
  after March 1, 2014.  An application for a license filed before
  March 1, 2014, is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         (d)  The Commission on Law Enforcement Officer Standards and
  Education shall adopt rules under Section 1701.315, Occupations
  Code, as added by this Act, not later than January 1, 2014.
         SECTION 6.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 162 passed the Senate on
  April 2, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 162 passed the House on
  May 2, 2013, by the following vote:  Yeas 147, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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