Bill Text: TX HB139 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to state occupational licensing of certain military veterans and military spouses.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-18 - Effective on 9/1/21 [HB139 Detail]
Download: Texas-2021-HB139-Enrolled.html
H.B. No. 139 |
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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 from outside the state, including | ||
military service members, military spouses, and military veterans, | ||
to obtain a certificate in this state. | ||
(b-1) The board shall propose rules in accordance with | ||
Chapter 55, 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 [ |
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for providing a permanent change of station order for purposes of | ||
establishing residency and for providing a military identification | ||
card [ |
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(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, space 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 55.001(2), Occupations Code, is amended | ||
to read as follows: | ||
(2) "Armed forces of the United States" means the | ||
army, navy, air force, space force, coast guard, or marine corps of | ||
the United States or a reserve unit of one of those branches of the | ||
armed forces. | ||
SECTION 3. Section 55.004, Occupations Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) In addition to the rules adopted under Subsection (a), a | ||
state agency that issues a license may adopt rules that would | ||
establish alternate methods for a military service member, military | ||
veteran, or military spouse to demonstrate competency to meet the | ||
requirements for obtaining the license, including receiving | ||
appropriate credit for training, education, and clinical and | ||
professional experience. | ||
(d) A state agency that issues a license that has a | ||
residency requirement for license eligibility shall adopt rules | ||
regarding documentation necessary for a military spouse applicant | ||
to establish residency for purposes of this subsection, including | ||
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. | ||
SECTION 4. 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 in accordance with rules adopted under | ||
Section 55.004(d) and a copy of 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 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 on the date the application was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 139 was passed by the House on April | ||
1, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 139 was passed by the Senate on May 3, | ||
2021, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |