Bill Text: TX HB5262 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the criteria for awarding the Texas Purple Heart Medal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-24 - Referred to Defense & Veterans' Affairs [HB5262 Detail]

Download: Texas-2023-HB5262-Introduced.html

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88R14308 MCK-D
By: Bumgarner H.B. No. 5262

A BILL TO BE ENTITLED
AN ACT
relating to the criteria for awarding the Texas Purple Heart Medal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.355(a), Government Code, is amended
to read as follows:
(a) The governor or adjutant general, if delegated the
authority, may adopt policies and regulations relating to awarding:
(1) the Texas Purple Heart Medal, which shall be
awarded to a [service] member of the Texas military forces who:
(A) after September 11, 2001:
(i) was inducted into state active duty
[federal service from the Texas National Guard]; and
(ii) was wounded or killed in any action
against an enemy of the State of Texas [meets the criteria for an
award of the federal Purple Heart Medal]; or
(B) was wounded or killed at Fort Hood on
November 5, 2009;
(2) the Texas Superior Service Medal, which shall be
awarded to:
(A) a service member of the Texas military forces
who has:
(i) completed 30 or more years of honorable
state service or a combination of state and federal service; and
(ii) continually demonstrated superior
performance and service while assigned to key leadership positions
demanding responsibility; or
(B) a civilian who has contributed significant
service to the Texas military forces;
(3) the Lone Star Distinguished Service Medal, which
shall be awarded to a member of the military forces of this state,
another state, or the United States for exceptionally outstanding
achievement or service to this state in performance of a duty of
great responsibility while serving with the Texas military forces
for whom the department receives a letter of recommendation for
award of the Lone Star Distinguished Service Medal that:
(A) gives an account of the exceptional
achievement or service; and
(B) includes facts and photographs, and extracts
from official documents to support and amplify the facts;
(4) the Texas Outstanding Service Medal, which shall
be awarded to a service member of the military forces of this state,
another state, or the United States who has performed service,
either individually or as a member of a crew, in a superior and
clearly outstanding manner;
(5) the Texas Humanitarian Service Medal, which shall
be awarded to a service member who:
(A) does not meet the criteria for an award of the
federal Humanitarian Service Medal;
(B) is a member of the Texas military forces; and
(C) while serving on state active duty or active
duty under state authority in accordance with Title 32, United
States Code, participates satisfactorily in defense support to a
mission under civilian authority to protect life or property during
or soon after a natural disaster or civil unrest in the state;
(6) the Texas Homeland Defense Service Medal, which
shall be awarded to a service member of the Texas military forces
who served:
(A) on or after September 11, 2001;
(B) on state active duty or active duty under
state authority in accordance with Title 32, United States Code;
and
(C) satisfactorily in defense support to a
mission in the state under civilian authority;
(7) the Federal Service Medal, which shall be awarded
to a service member who was inducted into federal service from the
Texas military forces between June 15, 1940, and January 1, 1946, or
after June 1, 1950, if the service was for more than 90 days;
(8) the Texas Combat Service Ribbon, which shall be
awarded to a service member of the Texas National Guard who served,
after September 11, 2001, in a hostile fire zone as designated by
the United States secretary of defense;
(9) the Texas Faithful Service Medal, which shall be
awarded to a member of the Texas military forces who has completed
five years of honorable service during which the service member has
shown fidelity to duty, efficient service, and great loyalty to
this state;
(10) the Texas Medal of Merit, which shall be awarded
to a member of the military forces of this state, another state, or
the United States who performs outstanding service or attains
extraordinary achievement, either individually or as a member of a
crew, in behalf of the state or United States;
(11) the Texas State Guard Service Medal, which shall
be awarded to a service member who completes three consecutive
years of honorable service in the Texas State Guard during which the
service member has shown fidelity to duty, efficient service, and
great loyalty to this state;
(12) the Texas Desert Shield/Desert Storm Campaign
Medal, which shall be awarded to a service member who was inducted
into federal service from the Texas National Guard after August 1,
1990, in support of Operation Desert Shield or Operation Desert
Storm, without regard to the place that the service member was
deployed while serving on active federal military duty;
(13) the Texas Iraqi Campaign Medal, which shall be
awarded to a service member who was inducted into federal service
from the Texas National Guard, without regard to the place that the
service member was deployed while serving on active federal
military duty, after:
(A) March 19, 2003, in support of Operation Iraqi
Freedom; or
(B) August 31, 2010, in support of Operation New
Dawn;
(14) the Texas Afghanistan Campaign Medal, which shall
be awarded to a service member who was inducted into federal service
from the Texas National Guard after October 6, 2001, in support of
Operation Enduring Freedom, without regard to the place that the
service member was deployed while serving on active federal
military duty;
(15) the Cold War Medal, which, subject to Subsection
(c), shall be awarded to a member of the military forces of this
state or the United States who:
(A) served between September 2, 1945, and
December 26, 1991; and
(B) was a resident of this state at the time the
service member entered military service; and
(16) the Texas Border Security and Support Service
Ribbon, which shall be awarded to a service member of the military
forces of this state, another state, or the United States who
served:
(A) on or after July 28, 2014;
(B) on state active duty or active duty under
state authority in accordance with Title 32, United States Code,
for at least 90 consecutive days, or in response to an emergency
activation; and
(C) honorably in support of operations under
civilian authority to secure this state's international border.
SECTION 2. Subchapter H, Chapter 437, Government Code, is
amended by adding Section 437.3551 to read as follows:
Sec. 437.3551. AWARDING OF TEXAS PURPLE HEART MEDAL. (a)
In this section:
(1) "Medical officer" means a physician who holds an
officer rank in the Texas military forces or a branch of the United
States armed forces.
(2) "Medical professional" means a physician or
physician extender.
(3) "Physician extender" means any health care
professional licensed to provide health care to a patient,
including a nurse practitioner or physician assistant.
(4) "Wound" means an injury to any part of the body
from an outside force or agent. A physical lesion is not required.
(b) To be eligible for the Texas Purple Heart Medal the
service member's wound must have been of such severity that it
required treatment, not merely examination, by:
(1) a medical officer; or
(2) a medical professional other than a medical
officer provided a medical officer includes a statement in the
service member's medical record that the severity of the wound was
such that it would have required treatment by a medical officer if
one had been available to provide treatment.
(c) The department shall review the service member's
medical records to confirm the member's eligibility for the Texas
Purple Heart Medal.
(d) A service member may be awarded only one Texas Purple
Heart Medal.
SECTION 3. This Act takes effect September 1, 2023.