| 1 | 1 | | 88R11949 JCG-D |
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| 2 | 2 | | By: Hall S.B. No. 1200 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of a license by the Texas Department of |
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| 8 | 8 | | Licensing and Regulation to certain out-of-state applicants; |
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| 9 | 9 | | authorizing a fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter H, Chapter 51, Occupations Code, is |
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| 12 | 12 | | amended by adding Section 51.4043 to read as follows: |
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| 13 | 13 | | Sec. 51.4043. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE |
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| 14 | 14 | | APPLICANTS. (a) The department shall issue a license to an |
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| 15 | 15 | | applicant who pays any required fees and: |
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| 16 | 16 | | (1) holds a current license in good standing in |
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| 17 | 17 | | another state with a similar scope of practice, as determined by the |
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| 18 | 18 | | commission; |
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| 19 | 19 | | (2) has held the license for at least one year; |
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| 20 | 20 | | (3) was required to pass an examination or meet other |
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| 21 | 21 | | experience, education, or training requirements to obtain the |
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| 22 | 22 | | license; |
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| 23 | 23 | | (4) does not have a disqualifying criminal history as |
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| 24 | 24 | | determined by the commission; |
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| 25 | 25 | | (5) has not been subject to the revocation or |
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| 26 | 26 | | surrender of the license in any state due to negligence or |
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| 27 | 27 | | intentional misconduct in the performance of work under the |
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| 28 | 28 | | license; and |
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| 29 | 29 | | (6) is not currently the subject of a complaint or |
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| 30 | 30 | | investigation in the other state for an act that constitutes |
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| 31 | 31 | | unprofessional conduct or an offense. |
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| 32 | 32 | | (b) With respect to an application for a license under a |
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| 33 | 33 | | program regulated by the department submitted by an applicant from |
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| 34 | 34 | | another state that does not require a license to engage in the |
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| 35 | 35 | | activity for which the license is sought in this state, the |
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| 36 | 36 | | department shall consider the work experience of the applicant as |
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| 37 | 37 | | sufficient for the issuance of the license if the applicant: |
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| 38 | 38 | | (1) has engaged in the activity for at least three |
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| 39 | 39 | | years; and |
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| 40 | 40 | | (2) satisfies the requirements of Subsections (a)(4) |
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| 41 | 41 | | and (6). |
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| 42 | 42 | | (c) An applicant for a license under this section may be |
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| 43 | 43 | | required to pass a jurisprudence examination specific to the |
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| 44 | 44 | | relevant laws of this state applicable to the activities for which |
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| 45 | 45 | | the license is sought if a similar examination is required to obtain |
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| 46 | 46 | | the license for all other applicants. |
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| 47 | 47 | | (d) The department shall provide an applicant under this |
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| 48 | 48 | | section with a written decision regarding the application not later |
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| 49 | 49 | | than the 30th day after the date the application is submitted. |
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| 50 | 50 | | (e) The commission may impose a fee not to exceed $100 for an |
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| 51 | 51 | | application under this section. |
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| 52 | 52 | | (f) The commission shall adopt rules to implement this |
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| 53 | 53 | | section. |
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| 54 | 54 | | SECTION 2. (a) The Texas Commission of Licensing and |
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| 55 | 55 | | Regulation shall adopt rules required by Section 51.4043, |
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| 56 | 56 | | Occupations Code, as added by this Act, not later than January 1, |
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| 57 | 57 | | 2024. |
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| 58 | 58 | | (b) Section 51.4043, Occupations Code, as added by this Act, |
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| 59 | 59 | | applies only to an application for a license submitted to the Texas |
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| 60 | 60 | | Department of Licensing and Regulation on or after February 1, |
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| 61 | 61 | | 2024. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2023. |
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