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AN ACT
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relating to occupational licenses for military service members, |
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military veterans, and military spouses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 55, Occupations Code, as |
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amended by Chapters 66 (S.B. 162) and 348 (H.B. 2254), Acts of the |
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83rd Legislature, Regular Session, 2013, is reenacted to read as |
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follows: |
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CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY |
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VETERANS, AND MILITARY SPOUSES |
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SECTION 2. Section 55.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 55.001. DEFINITIONS. In this chapter: |
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(1) "Active duty" means current full-time military |
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service in the armed forces of the United States or active duty |
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military service as a member of the Texas military forces, as |
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defined by Section 437.001, Government Code, or similar military |
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service of another state. |
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(2) "Armed forces of the United States" means the |
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army, navy, air force, coast guard, or marine corps of the United |
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States or a reserve unit of one of those branches of the armed |
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forces. |
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(3) "License" means a license, certificate, |
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registration, permit, or other form of authorization required by |
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law or a state agency rule that must be obtained by an individual to |
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engage in a particular business. |
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(4) [(1-a)] "Military service member" means a person |
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who is on active duty [currently serving in the armed forces of the
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United States, in a reserve component of the armed forces of the
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United States, including the National Guard, or in the state
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military service of any state]. |
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(5) [(1-b)] "Military spouse" means a person who is |
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married to a military service member [who is currently on active
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duty]. |
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(6) [(1-c)] "Military veteran" means a person who has |
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served on active duty and who was discharged or released from active |
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duty [in the army, navy, air force, marine corps, or coast guard of
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the United States, or in an auxiliary service of one of those
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branches of the armed forces]. |
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(7) [(2)] "State agency" means a department, board, |
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bureau, commission, committee, division, office, council, or |
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agency of the state. |
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SECTION 3. Section 55.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 55.002. EXEMPTION FROM PENALTY FOR FAILURE TO RENEW |
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LICENSE. A state agency that issues a license shall adopt rules to |
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exempt an individual who holds a license issued by the agency from |
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any increased fee or other penalty imposed by the agency for failing |
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to renew the license in a timely manner if the individual |
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establishes to the satisfaction of the agency that the individual |
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failed to renew the license in a timely manner because the |
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individual was serving as a military service member [on active duty
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in the United States armed forces serving outside this state]. |
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SECTION 4. Section 55.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 55.003. EXTENSION OF LICENSE RENEWAL [CERTAIN] |
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DEADLINES FOR [ACTIVE DUTY] MILITARY SERVICE MEMBERS [PERSONNEL]. |
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A military service member [person] who holds a license[, is a member
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of the state military forces or a reserve component of the armed
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forces of the United States, and is ordered to active duty by proper
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authority] is entitled to two years of [an] additional [amount of] |
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time[, equal to the total number of years or parts of years that the
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person serves on active duty,] to complete: |
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(1) any continuing education requirements; and |
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(2) any other requirement related to the renewal of |
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the military service member's [person's] license. |
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SECTION 5. Section 55.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 55.004. ALTERNATIVE LICENSING [LICENSE PROCEDURE] FOR |
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MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES |
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[SPOUSE]. (a) A state agency that issues a license shall adopt |
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rules for the issuance of the license to an applicant who is a |
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military service member, military veteran, or military spouse [the
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spouse of a person serving on active duty as a member of the armed
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forces of the United States] and: |
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(1) holds a current license issued by another |
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jurisdiction [state] that has licensing requirements that are |
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substantially equivalent to the requirements for the license in |
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this state; or |
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(2) within the five years preceding the application |
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date held the license in this state [that expired while the
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applicant lived in another state for at least six months]. |
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(b) [Rules adopted under this section must include
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provisions to allow alternative demonstrations of competency to
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meet the requirements for obtaining the license.
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[(c)] The executive director of a state agency may waive any |
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prerequisite to obtaining a license for an applicant described by |
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Subsection (a) after reviewing the applicant's credentials [issue a
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license by endorsement in the same manner as the Texas Commission of
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Licensing and Regulation under Section 51.404 to an applicant
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described by Subsection (a)]. |
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(c) In addition to the rules adopted under Subsection (a), a |
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state agency that issues a license may adopt rules that would |
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establish alternate methods for a military service member, military |
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veteran, or military spouse to demonstrate competency to meet the |
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requirements for obtaining the license. |
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SECTION 6. The heading to Section 55.005, Occupations Code, |
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as added by Chapter 66 (S.B. 162), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended to read as follows: |
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Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY |
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SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. |
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SECTION 7. Section 55.005(a), Occupations Code, as added by |
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Chapter 66 (S.B. 162), Acts of the 83rd Legislature, Regular |
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Session, 2013, is amended to read as follows: |
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(a) A state agency that issues a license shall, as soon as |
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practicable after a military service member, military veteran, or |
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military spouse files an application for a license: |
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(1) process the application; and |
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(2) issue the [a] license to an [a qualified military
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spouse] applicant who qualifies for the license under Section |
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55.004 [holds a current license issued by another jurisdiction that
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has licensing requirements that are substantially equivalent to the
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licensing requirements in this state]. |
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SECTION 8. Section 55.005, Occupations Code, as added by |
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Chapter 348 (H.B. 2254), Acts of the 83rd Legislature, Regular |
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Session, 2013, is redesignated as Section 55.008, Occupations Code, |
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and amended to read as follows: |
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Sec. 55.008 [55.005]. APPRENTICESHIP REQUIREMENTS FOR |
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APPLICANT WITH MILITARY EXPERIENCE. (a) Notwithstanding any |
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other law, if an apprenticeship is required for a [an occupational] |
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license issued by a state agency, the state agency shall credit |
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verified military service, training, or education that is relevant |
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to the occupation toward the apprenticeship requirements for the |
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license. |
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(b) The state agency shall adopt rules necessary to |
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implement this section. |
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SECTION 9. The heading to Section 55.006, Occupations Code, |
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is amended to read as follows: |
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Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO |
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MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE. |
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SECTION 10. Chapter 55, Occupations Code, is amended by |
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adding Section 55.009 to read as follows: |
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Sec. 55.009. NOTICE OF CHAPTER PROVISIONS. A state agency |
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that issues a license shall prominently post a notice on the home |
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page of the agency's Internet website describing the provisions of |
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this chapter that are available to military service members, |
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military veterans, and military spouses. |
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SECTION 11. The changes in law made by this Act apply only |
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to an application for an occupational license or renewal of an |
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occupational license filed on or after January 1, 2016. An |
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application for a license or for license renewal filed before |
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January 1, 2016, is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 12. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 13. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1307 passed the Senate on |
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April 29, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1307 passed the House on |
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May 27, 2015, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |