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.