Bill Text: TX HB45 | 2013-2014 | 83rd Legislature | Engrossed


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.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Engrossed - Dead) 2013-05-07 - Referred to Vet Affairs & Military Installations [HB45 Detail]

Download: Texas-2013-HB45-Engrossed.html
  83R15020 SLB-F
 
  By: Flynn, Moody, Dale, Sheffield of Bell, H.B. No. 45
      King of Parker, et al.
 
 
A BILL TO BE ENTITLED
 
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.  Subchapter H, Chapter 51, Occupations Code, is
  amended by adding Section 51.4013 to read as follows:
         Sec. 51.4013.  LICENSE ELIGIBILITY REQUIREMENTS FOR
  APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other
  law, the department shall credit verified military service,
  training, or education toward the licensing requirements, other
  than an examination requirement, for a license issued by the
  department.
         (b)  The commission shall adopt rules necessary to implement
  this section.
         SECTION 2.  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 3.  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 served as
  a military service member before the date the person applied for a
  license in this state.
         SECTION 4.  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 without requiring an examination
  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.
         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 5.  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);
               (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) provide 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 6.  (a) Section 51.4013, Occupations Code, as added
  by this Act, applies only to an application for a license filed with
  the Texas Department of Licensing and Regulation on or after May 1,
  2014. An application for a license filed before May 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)  The Texas Commission of Licensing and Regulation shall
  adopt rules under Section 51.4013, Occupations Code, as added by
  this Act, not later than March 1, 2014.
         (c)  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 November 1, 2014. An application for a license
  filed before November 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)  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
  September 1, 2014.
         (e)  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 November 1, 2014. An application for a license filed before
  November 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.
         (f)  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 September 1, 2014.
         SECTION 7.  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.
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