Texas 2023 - 88th Regular

Texas House Bill HB3353 Compare Versions

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1	1	By: Harrison H.B. No. 3353
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the recognition of occupational licenses and government
7	7	certifications issued in other states; imposing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 2, Occupations Code, is amended by adding
10	10	Chapter 60 to read as follows:
11	11	CHAPTER 60. RECOGNITION OF OCCUPATIONAL LICENSES AND GOVERNMENT
12	12	CERTIFICATIONS
13	13	Sec. 60.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means a department, commission, board,
15	15	office, or other agency of this state or a political subdivision of
16	16	this state that issues an occupational license or government
17	17	certification to an individual.
18	18	(2) "Government certification" means a voluntary,
19	19	government-granted, and nontransferable recognition to an
20	20	individual who meets personal qualifications related to a lawful
21	21	occupation and may be used as part of a professional title in
22	22	addition to any professional title associated with an occupational
23	23	license. The term does not include an occupational license,
24	24	certificate, or other credential, including a license or
25	25	certification issued by a state licensing authority as a
26	26	prerequisite to working lawfully in an occupation.
27	27	(3) "Lawful occupation" means a course of conduct,
28	28	pursuit, or profession that includes the sale or provision of goods
29	29	or services that are not illegal to sell or provide irrespective of
30	30	whether the individual selling or providing the goods or services
31	31	is subject to an occupational license.
32	32	(4) "Military" means the armed forces of the United
33	33	States, including the air force, army, coast guard, marine corps,
34	34	navy, space force, national guard, and all reserve components and
35	35	auxiliaries. The term includes the militia of any United States
36	36	territory or state.
37	37	(5) "Occupational license" means a nontransferable
38	38	authorization for an individual to perform a lawful occupation
39	39	based on meeting personal qualifications, including a military
40	40	occupational specialty. In an occupation for which an occupational
41	41	license is required, it is illegal for an individual who does not
42	42	possess a valid occupational license to perform the occupation.
43	43	(6) "Other state" or "another state" means any
44	44	territory or state in the United States other than this state and
45	45	includes a branch or unit of the military.
46	46	(7) "Scope of practice" means the procedures, actions,
47	47	processes, and work that an individual is authorized to perform
48	48	under an occupational license or government certification issued in
49	49	this state.
50	50	Sec. 60.002. RECOGNITION OF OCCUPATIONAL LICENSE OR
51	51	GOVERNMENT CERTIFICATION. (a) Notwithstanding any other law, a
52	52	board shall issue an occupational license or government
53	53	certification to an individual who applies in a manner prescribed
54	54	by the board if the individual:
55	55	(1) holds a current and valid occupational license or
56	56	government certification in another state in a lawful occupation
57	57	with a similar scope of practice, as determined by the board;
58	58	(2) has held the occupational license or government
59	59	certification in another state for at least one year;
60	60	(3) was required by a board in another state to pass an
61	61	examination or to meet education, training, or experience
62	62	standards;
63	63	(4) is in good standing with the board in the other
64	64	state;
65	65	(5) does not have a disqualifying criminal record as
66	66	determined by the board in this state;
67	67	(6) has not had an occupational license or government
68	68	certification revoked by the board of another state due to
69	69	negligence or intentional misconduct related to the individual's
70	70	work in the occupation;
71	71	(7) did not surrender an occupational license or
72	72	government certification in another state due to negligence or
73	73	intentional misconduct related to the individual's work in the
74	74	occupation;
75	75	(8) does not have a complaint, allegation, or
76	76	investigation pending before a board in another state that relates
77	77	to unprofessional conduct or an alleged crime; and
78	78	(9) pays all applicable fees in this state.
79	79	(b) If another state issued the individual a government
80	80	certification without requiring an occupational license but an
81	81	occupational license is required in this state, a board shall issue
82	82	an occupational license to the individual if the individual
83	83	otherwise satisfies Subsection (a).
84	84	(c) A board may not make a final determination on an
85	85	individual's application for an occupational license or government
86	86	certification if the individual is the subject of a complaint,
87	87	allegation, or pending investigation until the complaint,
88	88	allegation, or investigation is resolved or the individual
89	89	otherwise meets the criteria for an occupational license or
90	90	government certification in this state to the satisfaction of the
91	91	board.
92	92	Sec. 60.003. RECOGNITION OF WORK EXPERIENCE.
93	93	Notwithstanding any other law, a board shall issue an occupational
94	94	license or government certification to an individual who applies
95	95	for an occupational license or government certification based on
96	96	work experience in another state, if the individual:
97	97	(1) worked in a state that does not require an
98	98	occupational license or government certification to engage in a
99	99	lawful occupation but an occupational license or government
100	100	certification is required in this state to engage in a lawful
101	101	occupation with a similar scope of practice, as determined by the
102	102	board;
103	103	(2) worked for at least three years in the lawful
104	104	occupation; and
105	105	(3) satisfies Section 60.002(a).
106	106	Sec. 60.004. STATE LAW EXAMINATION. A board may require an
107	107	individual to pass a jurisprudential examination specific to
108	108	relevant state laws that regulate the occupation if an occupational
109	109	license or government certification in this state requires an
110	110	individual to pass a jurisprudential examination as a prerequisite
111	111	to receiving an occupational license or government certification.
112	112	Sec. 60.005. DECISION. Except as provided by Section
113	113	60.002(c), a board shall provide a written decision to an
114	114	individual regarding the individual's application for an
115	115	occupational license or government certification not later than the
116	116	30th day after the date of receiving a complete application.
117	117	Sec. 60.006. APPEAL. (a) An individual may appeal a
118	118	board's decision to the appropriate court.
119	119	(b) An individual may appeal:
120	120	(1) a denial of an occupational license or government
121	121	certification;
122	122	(2) a determination of the occupation;
123	123	(3) a determination of the similarity of the scope of
124	124	practice of the occupational license or government certification
125	125	issued; or
126	126	(4) any other decision made by a board under this
127	127	chapter.
128	128	Sec. 60.007. STATE LAWS AND JURISDICTION. An individual
129	129	who obtains an occupational license or government certification
130	130	under this chapter is subject to:
131	131	(1) the laws regulating the occupation in this state;
132	132	and
133	133	(2) the jurisdiction of the board that regulates the
134	134	occupation in this state.
135	135	Sec. 60.008. EXCEPTION. This chapter does not apply to an
136	136	occupation regulated by the supreme court.
137	137	Sec. 60.009. LIMITATIONS. This chapter may not be
138	138	construed to:
139	139	(1) prohibit an individual from applying for or being
140	140	issued an occupational license or government certification under
141	141	another state law or rule;
142	142	(2) prevent this state from:
143	143	(A) entering into a licensing compact or
144	144	reciprocity agreement with another state, foreign province, or
145	145	foreign country; or
146	146	(B) recognizing occupational credentials issued
147	147	by a private certification organization, foreign province, foreign
148	148	country, international organization, or other entity; or
149	149	(3) require a private certification organization to
150	150	grant or deny private certification to an individual.
151	151	Sec. 60.010. FEE. The board may charge a fee to an
152	152	individual not to exceed $100 for each application to cover the
153	153	costs of administering this chapter.
154	154	Sec. 60.011. PREEMPTION. This chapter preempts the law of a
155	155	municipality, county, or other political subdivision in this state
156	156	that regulates occupational licenses and government certification.
157	157	Sec. 60.012. EMERGENCY POWERS. (a) During a declared state
158	158	of disaster, the governor may order the recognition of an
159	159	occupational license from another state or foreign country as if
160	160	the license is issued in this state without an individual meeting
161	161	the requirements of this chapter.
162	162	(b) The governor may expand the scope of practice for an
163	163	occupational license and may authorize any license holder to
164	164	provide services in this state in person, by telephone, or by other
165	165	means for the duration of the disaster.
166	166	SECTION 2. As soon as practicable after the effective date
167	167	of this Act, a licensing authority that regulates an occupational
168	168	license or government certification in this state shall adopt rules
169	169	to implement Chapter 60, Occupations Code, as added by this Act.
170	170	SECTION 3. This Act takes effect September 1, 2023.