1 | 1 | | 89R15332 BEE-D |
---|
2 | 2 | | By: Wilson H.B. No. 5629 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the occupational licensing of military spouses. |
---|
10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Sections 55.004(a) and (d), Occupations Code, |
---|
12 | 12 | | are amended to read as follows: |
---|
13 | 13 | | (a) A state agency that issues a license shall adopt rules |
---|
14 | 14 | | for the issuance of the license to an applicant who is a military |
---|
15 | 15 | | service member, military veteran, or military spouse and: |
---|
16 | 16 | | (1) holds a current license issued by another |
---|
17 | 17 | | jurisdiction that: |
---|
18 | 18 | | (A) for a military service member or military |
---|
19 | 19 | | veteran, has licensing requirements that are substantially |
---|
20 | 20 | | equivalent to the requirements for the license in this state; and |
---|
21 | 21 | | (B) for a military spouse, is similar in scope of |
---|
22 | 22 | | practice to a license issued in this state; or |
---|
23 | 23 | | (2) within the five years preceding the application |
---|
24 | 24 | | date held the license in this state. |
---|
25 | 25 | | (d) A state agency that issues a license that has a |
---|
26 | 26 | | residency requirement for license eligibility: |
---|
27 | 27 | | (1) shall adopt rules regarding documentation |
---|
28 | 28 | | necessary for an applicant who is a military service member [or |
---|
29 | 29 | | military spouse] to establish residency for purposes of this |
---|
30 | 30 | | section [subsection], including by providing to the agency a copy |
---|
31 | 31 | | of the permanent change of station order for the applicant; and |
---|
32 | 32 | | (2) may not adopt rules requiring documentation for an |
---|
33 | 33 | | applicant who is a military spouse to establish residency for |
---|
34 | 34 | | purposes of this section [or the applicant's spouse]. |
---|
35 | 35 | | SECTION 2. Section 55.0041, Occupations Code, is amended by |
---|
36 | 36 | | amending Subsections (a), (b), and (e) and adding Subsection (b-1) |
---|
37 | 37 | | to read as follows: |
---|
38 | 38 | | (a) Notwithstanding any other law: |
---|
39 | 39 | | (1)[,] a military service member [or military spouse] |
---|
40 | 40 | | may engage in a business or occupation for which a license is |
---|
41 | 41 | | required without obtaining the applicable license if the member [or |
---|
42 | 42 | | spouse] is currently licensed in good standing by another |
---|
43 | 43 | | jurisdiction that has licensing requirements that are |
---|
44 | 44 | | substantially equivalent to the requirements for the license in |
---|
45 | 45 | | this state; and |
---|
46 | 46 | | (2) a military spouse may engage in a business or |
---|
47 | 47 | | occupation for which a license is required without obtaining the |
---|
48 | 48 | | applicable license if the spouse currently holds a license similar |
---|
49 | 49 | | in scope of practice issued by another jurisdiction and is in good |
---|
50 | 50 | | standing with that licensing authority. |
---|
51 | 51 | | (b) Before engaging in the practice of the business or |
---|
52 | 52 | | occupation, the military service member [or military spouse] must: |
---|
53 | 53 | | (1) notify the applicable state agency of the member's |
---|
54 | 54 | | [or spouse's] intent to practice in this state; |
---|
55 | 55 | | (2) submit to the agency proof of the member's [or |
---|
56 | 56 | | spouse's] residency in this state in accordance with rules adopted |
---|
57 | 57 | | under Section 55.004(d) and a copy of the member's [or spouse's] |
---|
58 | 58 | | military identification card; and |
---|
59 | 59 | | (3) receive from the agency confirmation that: |
---|
60 | 60 | | (A) the agency has verified the member's [or |
---|
61 | 61 | | spouse's] license in the other jurisdiction; and |
---|
62 | 62 | | (B) the member [or spouse] is authorized to |
---|
63 | 63 | | engage in the business or occupation in accordance with this |
---|
64 | 64 | | section. |
---|
65 | 65 | | (b-1) Before engaging in the practice of the business or |
---|
66 | 66 | | occupation, the military spouse must: |
---|
67 | 67 | | (1) notify the applicable state agency of the spouse's |
---|
68 | 68 | | intent to practice in this state; |
---|
69 | 69 | | (2) submit to the agency a copy of the spouse's |
---|
70 | 70 | | military identification card; and |
---|
71 | 71 | | (3) receive from the agency confirmation that: |
---|
72 | 72 | | (A) the agency has verified the spouse's license |
---|
73 | 73 | | in the other jurisdiction; and |
---|
74 | 74 | | (B) the spouse is authorized to engage in the |
---|
75 | 75 | | business or occupation in accordance with this section. |
---|
76 | 76 | | (e) A state agency that issues a license shall adopt rules |
---|
77 | 77 | | to implement this section. The rules must establish a process for |
---|
78 | 78 | | the agency to: |
---|
79 | 79 | | (1) identify, with respect to each type of license |
---|
80 | 80 | | issued by the agency, the jurisdictions that: |
---|
81 | 81 | | (A) have licensing requirements that are |
---|
82 | 82 | | substantially equivalent to the requirements for the license in |
---|
83 | 83 | | this state; or |
---|
84 | 84 | | (B) issue licenses similar in scope of practice |
---|
85 | 85 | | to a license issued in this state; and |
---|
86 | 86 | | (2) not later than the 30th day after the date a |
---|
87 | 87 | | military service member or military spouse submits the information |
---|
88 | 88 | | described by Subsection (b) or (b-1) [Subsections (b)(1) and (2)], |
---|
89 | 89 | | as applicable, verify that the member or spouse is licensed in good |
---|
90 | 90 | | standing in a jurisdiction described by Subdivision (1). |
---|
91 | 91 | | SECTION 3. Section 55.009, Occupations Code, is amended to |
---|
92 | 92 | | read as follows: |
---|
93 | 93 | | Sec. 55.009. LICENSE APPLICATION AND EXAMINATION FEES. |
---|
94 | 94 | | Notwithstanding any other law, a state agency that issues a license |
---|
95 | 95 | | shall waive the license application and examination fees paid to |
---|
96 | 96 | | the state for an applicant who is: |
---|
97 | 97 | | (1) a military service member or military veteran |
---|
98 | 98 | | whose military service, training, or education substantially meets |
---|
99 | 99 | | all of the requirements for the license; or |
---|
100 | 100 | | (2) either: |
---|
101 | 101 | | (A) a military service member or[,] military |
---|
102 | 102 | | veteran[, or military spouse] who holds a current license issued by |
---|
103 | 103 | | another jurisdiction that has licensing requirements that are |
---|
104 | 104 | | substantially equivalent to the requirements for the license in |
---|
105 | 105 | | this state; or |
---|
106 | 106 | | (B) a military spouse who holds a current license |
---|
107 | 107 | | issued by another jurisdiction that is similar in scope of practice |
---|
108 | 108 | | to a license issued in this state. |
---|
109 | 109 | | SECTION 4. As soon as practicable after the effective date |
---|
110 | 110 | | of this Act, a state agency, as defined by Section 55.001, |
---|
111 | 111 | | Occupations Code, shall adopt, modify, or repeal the rules |
---|
112 | 112 | | necessary to implement the changes in law made by this Act. |
---|
113 | 113 | | SECTION 5. The changes in law made by this Act apply only to |
---|
114 | 114 | | an application for a license filed with a state agency, as defined |
---|
115 | 115 | | by Section 55.001, Occupations Code, on or after the effective date |
---|
116 | 116 | | of this Act. An application for a license filed before the |
---|
117 | 117 | | effective date of this Act is governed by the law in effect |
---|
118 | 118 | | immediately before the effective date of this Act, and that law is |
---|
119 | 119 | | continued in effect for that purpose. |
---|
120 | 120 | | SECTION 6. This Act takes effect September 1, 2025. |
---|