Texas 2025 - 89th Regular

Texas House Bill HB710 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1316 SCP-F
2	2	By: Harrison H.B. No. 710
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the recognition of occupational licenses and government
10	10	certifications issued in other states; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 2, Occupations Code, is amended by adding
13	13	Chapter 61 to read as follows:
14	14	CHAPTER 61. RECOGNITION OF OCCUPATIONAL LICENSES AND GOVERNMENT
15	15	CERTIFICATIONS
16	16	Sec. 61.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means a department, commission, board,
18	18	office, or other agency of this state or a political subdivision of
19	19	this state that issues an occupational license or government
20	20	certification to an individual.
21	21	(2) "Government certification" means a voluntary,
22	22	government-granted, and nontransferable recognition to an
23	23	individual who meets personal qualifications related to a lawful
24	24	occupation and may be used as part of a professional title in
25	25	addition to any professional title associated with an occupational
26	26	license. The term does not include an occupational license,
27	27	certificate, or other credential, including a license or
28	28	certification issued by a state licensing authority as a
29	29	prerequisite to working lawfully in an occupation.
30	30	(3) "Lawful occupation" means a course of conduct,
31	31	pursuit, or profession that includes the sale or provision of goods
32	32	or services that are not illegal to sell or provide irrespective of
33	33	whether the individual selling or providing the goods or services
34	34	is subject to an occupational license.
35	35	(4) "Military" means the armed forces of the United
36	36	States, including the air force, army, coast guard, marine corps,
37	37	navy, space force, national guard, and all reserve components and
38	38	auxiliaries. The term includes the militia of any United States
39	39	territory or state.
40	40	(5) "Occupational license" means a nontransferable
41	41	authorization for an individual to perform a lawful occupation
42	42	based on meeting personal qualifications, including a military
43	43	occupational specialty. In an occupation for which an occupational
44	44	license is required, it is illegal for an individual who does not
45	45	possess a valid occupational license to perform the occupation.
46	46	(6) "Other state" or "another state" means any
47	47	territory or state in the United States other than this state and
48	48	includes a branch or unit of the military.
49	49	(7) "Scope of practice" means the procedures, actions,
50	50	processes, and work that an individual is authorized to perform
51	51	under an occupational license or government certification issued in
52	52	this state.
53	53	Sec. 61.002. RECOGNITION OF OCCUPATIONAL LICENSE OR
54	54	GOVERNMENT CERTIFICATION. (a) Notwithstanding any other law, a
55	55	board shall issue an occupational license or government
56	56	certification to an individual who applies in a manner prescribed
57	57	by the board if the individual:
58	58	(1) holds a current and valid occupational license or
59	59	government certification in another state in a lawful occupation
60	60	with a similar scope of practice, as determined by the board;
61	61	(2) has held the occupational license or government
62	62	certification in another state for at least one year;
63	63	(3) was required by a board in another state to pass an
64	64	examination or to meet education, training, or experience
65	65	standards;
66	66	(4) is in good standing with the board in the other
67	67	state;
68	68	(5) does not have a disqualifying criminal record as
69	69	determined by the board in this state;
70	70	(6) has not had an occupational license or government
71	71	certification revoked by the board of another state due to
72	72	negligence or intentional misconduct related to the individual's
73	73	work in the occupation;
74	74	(7) did not surrender an occupational license or
75	75	government certification in another state due to negligence or
76	76	intentional misconduct related to the individual's work in the
77	77	occupation;
78	78	(8) does not have a complaint, allegation, or
79	79	investigation pending before a board in another state that relates
80	80	to unprofessional conduct or an alleged crime; and
81	81	(9) pays all applicable fees in this state.
82	82	(b) If another state issued the individual a government
83	83	certification without requiring an occupational license but an
84	84	occupational license is required in this state, a board shall issue
85	85	an occupational license to the individual if the individual
86	86	otherwise satisfies Subsection (a).
87	87	(c) A board may not make a final determination on an
88	88	individual's application for an occupational license or government
89	89	certification if the individual is the subject of a complaint,
90	90	allegation, or pending investigation until the complaint,
91	91	allegation, or investigation is resolved or the individual
92	92	otherwise meets the criteria for an occupational license or
93	93	government certification in this state to the satisfaction of the
94	94	board.
95	95	Sec. 61.003. RECOGNITION OF WORK EXPERIENCE.
96	96	Notwithstanding any other law, a board shall issue an occupational
97	97	license or government certification to an individual who applies
98	98	for an occupational license or government certification based on
99	99	work experience in another state, if the individual:
100	100	(1) worked in a state that does not require an
101	101	occupational license or government certification to engage in a
102	102	lawful occupation but an occupational license or government
103	103	certification is required in this state to engage in a lawful
104	104	occupation with a similar scope of practice, as determined by the
105	105	board;
106	106	(2) worked for at least three years in the lawful
107	107	occupation; and
108	108	(3) satisfies Sections 61.002(a)(5)-(9).
109	109	Sec. 61.004. STATE LAW EXAMINATION. A board may require an
110	110	individual to pass a jurisprudential examination specific to
111	111	relevant state laws that regulate the occupation if an occupational
112	112	license or government certification in this state requires an
113	113	individual to pass a jurisprudential examination as a prerequisite
114	114	to receiving an occupational license or government certification.
115	115	Sec. 61.005. DECISION. Except as provided by Section
116	116	61.002(c), a board shall provide a written decision to an
117	117	individual regarding the individual's application for an
118	118	occupational license or government certification not later than the
119	119	30th day after the date of receiving a complete application.
120	120	Sec. 61.006. APPEAL. (a) An individual may appeal a
121	121	board's decision to the appropriate court.
122	122	(b) An individual may appeal:
123	123	(1) a denial of an occupational license or government
124	124	certification;
125	125	(2) a determination of the occupation;
126	126	(3) a determination of the similarity of the scope of
127	127	practice of the occupational license or government certification
128	128	issued; or
129	129	(4) any other decision made by a board under this
130	130	chapter.
131	131	Sec. 61.007. STATE LAWS AND JURISDICTION. An individual
132	132	who obtains an occupational license or government certification
133	133	under this chapter is subject to:
134	134	(1) the laws regulating the occupation in this state;
135	135	and
136	136	(2) the jurisdiction of the board that regulates the
137	137	occupation in this state.
138	138	Sec. 61.008. EXCEPTION. This chapter does not apply to an
139	139	occupation regulated by the supreme court.
140	140	Sec. 61.009. LIMITATIONS. This chapter may not be
141	141	construed to:
142	142	(1) prohibit an individual from applying for or being
143	143	issued an occupational license or government certification under
144	144	another state law or rule;
145	145	(2) prevent this state from:
146	146	(A) entering into a licensing compact or
147	147	reciprocity agreement with another state, foreign province, or
148	148	foreign country; or
149	149	(B) recognizing occupational credentials issued
150	150	by a private certification organization, foreign province, foreign
151	151	country, international organization, or other entity; or
152	152	(3) require a private certification organization to
153	153	grant or deny private certification to an individual.
154	154	Sec. 61.010. FEE. A board may charge a fee to an individual
155	155	not to exceed $100 for each application to cover the costs of
156	156	administering this chapter.
157	157	Sec. 61.011. PREEMPTION. This chapter preempts the law of a
158	158	municipality, county, or other political subdivision in this state
159	159	that regulates occupational licenses and government certification.
160	160	Sec. 61.012. EMERGENCY POWERS. (a) During a declared state
161	161	of disaster, the governor may order the recognition of an
162	162	occupational license from another state or foreign country as if
163	163	the license is issued in this state without an individual meeting
164	164	the requirements of this chapter.
165	165	(b) The governor may expand the scope of practice for an
166	166	occupational license and may authorize any license holder to
167	167	provide services in this state in person, by telephone, or by other
168	168	means for the duration of the disaster.
169	169	SECTION 2. As soon as practicable after the effective date
170	170	of this Act, a licensing authority that regulates an occupational
171	171	license or government certification in this state shall adopt rules
172	172	to implement Chapter 61, Occupations Code, as added by this Act.
173	173	SECTION 3. This Act takes effect September 1, 2025.