1 | 1 | | 89R4982 JCG-D |
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2 | 2 | | By: Tepper H.B. No. 3677 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the issuance of an occupational license to certain |
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10 | 10 | | out-of-state applicants. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
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13 | 13 | | Chapter 61 to read as follows: |
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14 | 14 | | CHAPTER 61. LICENSING OF CERTAIN OUT-OF-STATE APPLICANTS |
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15 | 15 | | Sec. 61.001. DEFINITION. In this chapter, "license" means |
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16 | 16 | | a license, certificate, registration, permit, or other form of |
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17 | 17 | | authorization required by law or rule that must be obtained by an |
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18 | 18 | | individual to engage in a particular business or occupation. |
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19 | 19 | | Sec. 61.002. APPLICABILITY; EXCEPTION. (a) This chapter |
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20 | 20 | | applies only to the issuance of a license by any of the following |
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21 | 21 | | licensing authorities: |
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22 | 22 | | (1) Executive Council of Physical Therapy and |
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23 | 23 | | Occupational Therapy Examiners; |
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24 | 24 | | (2) Department of Public Safety of the State of Texas; |
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25 | 25 | | (3) Department of State Health Services; |
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26 | 26 | | (4) Health and Human Services Commission; |
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27 | 27 | | (5) State Board for Educator Certification; |
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28 | 28 | | (6) State Board of Dental Examiners; |
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29 | 29 | | (7) State Board of Veterinary Medical Examiners; |
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30 | 30 | | (8) Supreme Court of Texas; |
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31 | 31 | | (9) Texas Appraiser Licensing and Certification |
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32 | 32 | | Board; |
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33 | 33 | | (10) Texas Behavioral Health Executive Council; |
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34 | 34 | | (11) Texas Board of Architectural Examiners; |
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35 | 35 | | (12) Texas Board of Chiropractic Examiners; |
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36 | 36 | | (13) Texas Board of Nursing; |
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37 | 37 | | (14) Texas Board of Professional Engineers and Land |
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38 | 38 | | Surveyors; |
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39 | 39 | | (15) Texas Department of Insurance; |
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40 | 40 | | (16) Texas Department of Licensing and Regulation; |
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41 | 41 | | (17) Texas Medical Board; |
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42 | 42 | | (18) Texas Optometry Board; |
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43 | 43 | | (19) Texas State Board of Acupuncture Examiners; |
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44 | 44 | | (20) Texas State Board of Pharmacy; |
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45 | 45 | | (21) Texas State Board of Plumbing Examiners; and |
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46 | 46 | | (22) Texas State Board of Public Accountancy. |
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47 | 47 | | (b) This chapter does not apply to a license or other |
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48 | 48 | | authorization required for the establishment or operation of a |
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49 | 49 | | facility. |
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50 | 50 | | Sec. 61.003. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE |
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51 | 51 | | APPLICANTS. (a) Notwithstanding any other law, a licensing |
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52 | 52 | | authority described by Section 61.002(a) shall issue a license to |
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53 | 53 | | an applicant who pays any required fees and: |
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54 | 54 | | (1) holds a current license in good standing in |
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55 | 55 | | another state with a similar scope of practice, as determined by the |
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56 | 56 | | licensing authority; |
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57 | 57 | | (2) has held the license for at least one year; |
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58 | 58 | | (3) was required to pass an examination or meet other |
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59 | 59 | | experience, education, or training requirements to obtain the |
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60 | 60 | | license; |
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61 | 61 | | (4) does not have a disqualifying criminal history as |
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62 | 62 | | determined by the licensing authority; |
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63 | 63 | | (5) has not been subject to the revocation or |
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64 | 64 | | surrender of the license in any state due to unprofessional conduct |
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65 | 65 | | or while under investigation for unprofessional conduct in the |
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66 | 66 | | performance of work under the license; |
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67 | 67 | | (6) is not currently subject to ongoing discipline by |
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68 | 68 | | a regulatory agency in connection with the applicant's license, |
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69 | 69 | | including a probated suspension, limitation on scope of practice, |
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70 | 70 | | or program of additional monitoring; and |
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71 | 71 | | (7) is not currently the subject of a complaint or |
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72 | 72 | | investigation in the other state for an act that constitutes |
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73 | 73 | | unprofessional conduct or an offense. |
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74 | 74 | | (b) For purposes of Subsection (a)(1), if the applicant |
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75 | 75 | | holds a license of similar scope in more than one state, each |
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76 | 76 | | license must be in good standing in each state. |
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77 | 77 | | (c) Before a license may be issued under Subsection (a), the |
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78 | 78 | | licensing authority must request and receive from the other state |
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79 | 79 | | confirmation that the applicant meets the requirements described by |
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80 | 80 | | Subsection (a)(3). |
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81 | 81 | | (d) An applicant for a license under this section may be |
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82 | 82 | | required to pass a jurisprudence examination specific to the |
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83 | 83 | | relevant laws of this state applicable to the activities for which |
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84 | 84 | | the license is sought if a similar examination is required to obtain |
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85 | 85 | | the license for all other applicants. |
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86 | 86 | | (e) Each licensing authority described by Section 61.002(a) |
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87 | 87 | | shall adopt rules to implement this section. |
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88 | 88 | | SECTION 2. (a) Each licensing authority to which Section |
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89 | 89 | | 61.003, Occupations Code, as added by this Act, applies shall adopt |
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90 | 90 | | rules required by that section not later than January 1, 2026. |
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91 | 91 | | (b) Chapter 61, Occupations Code, as added by this Act, |
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92 | 92 | | applies only to an application for a license submitted to a |
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93 | 93 | | licensing authority to which that chapter applies on or after |
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94 | 94 | | January 1, 2026. |
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95 | 95 | | SECTION 3. This Act takes effect September 1, 2025. |
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