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89(R) HB 5629 - Enrolled version - Bill Text
H.B. No. 5629
AN ACT
relating to the occupational licensing of military service
members, military veterans, and military spouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 55.004(a) and (d), Occupations Code,
are amended to read as follows:
(a) A state agency that issues a license shall
issue
[
adopt
rules for the issuance of
] the license to an applicant who is a
military service member, military veteran, or military spouse and:
(1) holds a current license issued by another
state
[
jurisdiction
] that
is similar in scope of practice
[
has licensing
requirements that are substantially equivalent
] to the
[
requirements for the
] license in this state
and is in good standing
with that state's licensing authority
; or
(2) within the five years preceding the application
date held the license in this state.
(d) A state agency that issues a license that has a
residency requirement for license eligibility
may not
[
shall
]
adopt rules
requiring
[
regarding
] documentation [
necessary
] for an
applicant who is a military service member
, military veteran,
or
military spouse to establish residency for purposes of this
section
[
subsection, including by providing to the agency a copy of the
permanent change of station order for the applicant or the
applicant's spouse
].
SECTION 2. Section 55.0041, Occupations Code, is amended by
amending Subsections (a), (b), (d), (d-1), and (e) and adding
Subsection (b-1) to read as follows:
(a) Notwithstanding any other law, a military service
member or military spouse may engage in a business or occupation for
which a license is required without obtaining the applicable
license if the member or spouse [
is
] currently
holds a license
similar in scope of practice issued by the licensing authority of
another state and is
[
licensed
] in good standing
with
[
by another
jurisdiction
] that [
has
] licensing
authority
[
requirements that
are substantially equivalent to the requirements for the license in
this state
].
(b) Before engaging in the practice of the business or
occupation
under Subsection (a)
, the military service member or
military spouse must
submit an application to the applicable state
agency in the form the agency prescribes that includes
:
(1)
a copy
[
notify the applicable state agency
] of the
member's
military orders showing relocation to
[
or spouse's intent
to practice in
] this state;
(2)
if the applicant is a military spouse, a copy of
the military spouse's marriage license
[
submit to the agency proof
of the member's or spouse's residency in this state in accordance
with rules adopted under Section 55.004(d) and a copy of the
member's or spouse's military identification card
]; and
(3)
a notarized affidavit affirming under penalty of
perjury
[
receive from the agency confirmation
] that:
(A)
the applicant is the person described and
identified in the application
[
the agency has verified the member's
or spouse's license in the other jurisdiction
]; [
and
]
(B)
all statements in the application are true,
correct, and complete;
(C)
the applicant understands the scope of
practice for the applicable license in this state and will not
perform outside of that scope of practice; and
(D)
the applicant is in good standing in each
state in which the applicant holds or has held an applicable license
[
the member or spouse is authorized to engage in the business or
occupation in accordance with this section
].
(b-1)
Not later than the 10th business day after the date
the agency receives an application under Subsection (b), the agency
shall notify the applicant that:
(1)
the agency recognizes the applicant's out-of-state
license;
(2) the application is incomplete; or
(3)
the agency is unable to recognize the applicant's
out-of-state license because the agency does not issue a license
similar in scope of practice to the applicant's license.
(d) A military service member or military spouse may engage
in the business or occupation under the authority of this section
only for the period during which the military service member or,
with respect to a military spouse, the military service member to
whom the spouse is married is stationed at a military installation
in this state [
but not to exceed three years from the date the
member or spouse receives the confirmation described by Subsection
(b)(3)
].
(d-1)
In
[
Notwithstanding Subsection (d), in
] the event of a
divorce or similar event that affects a person's status as a
military spouse, the
former
spouse may continue to engage in the
business or occupation under the authority of this section until
the third anniversary of the date the spouse
submitted the
application required
[
received the confirmation described
] by
Subsection
(b)
[
(b)(3)
].
(e) A state agency that issues a license shall adopt rules
to implement this section. The rules must establish a process for
the agency to[
:
[
(1)
] identify, with respect to each type of license
issued by the agency, the
states
[
jurisdictions
] that
issue
licenses similar in scope of practice to those issued by the agency
[
have licensing requirements that are substantially equivalent to
the requirements for the license in this state; and
[
(2)
not later than the 30th day after the date a
military service member or military spouse submits the information
described by Subsections (b)(1) and (2), verify that the member or
spouse is licensed in good standing in a jurisdiction described by
Subdivision (1)
].
SECTION 3. Chapter 55, Occupations Code, is amended by
adding Sections 55.0042 and 55.0043 to read as follows:
Sec.
55.0042.
DETERMINATION OF GOOD STANDING. For purposes
of this chapter, a person is in good standing with another state's
licensing authority if the person:
(1)
holds a license that is current, has not been
suspended or revoked, and has not been voluntarily surrendered
during an investigation for unprofessional conduct;
(2)
has not been disciplined by the licensing
authority with respect to the license or person's practice of the
occupation for which the license is issued; and
(3)
is not currently under investigation by the
licensing authority for unprofessional conduct related to the
person's license or profession.
Sec.
55.0043.
COMPLAINTS. (a) A state agency that issues a
license or recognizes an out-of-state license under this chapter
shall maintain a record of each complaint made against a military
service member, military veteran, or military spouse to whom the
agency issues a license or who holds an out-of-state license the
agency recognizes.
(b)
A state agency shall publish at least quarterly on the
agency's Internet website the information maintained under
Subsection (a), including a general description of the disposition
of each complaint.
SECTION 4. Section 55.005(a), Occupations Code, is amended
to read as follows:
(a) A state agency that issues a license shall, not later
than the
10th business
[
30th
] day after the date a military service
member, military veteran, or military spouse files an application
for a license:
(1) process the application; and
(2) issue the license to an applicant who qualifies
for the license under Section 55.004.
SECTION 5. Section 55.009, Occupations Code, is amended to
read as follows:
Sec. 55.009. LICENSE APPLICATION AND EXAMINATION FEES.
Notwithstanding any other law, a state agency that issues a license
shall waive the license application and examination fees paid to
the state for an applicant who is[
:
[
(1)
a military service member or military veteran
whose military service, training, or education substantially meets
all of the requirements for the license; or
[
(2)
] a military service member, military veteran, or
military spouse [
who holds a current license issued by another
jurisdiction that has licensing requirements that are
substantially equivalent to the requirements for the license in
this state
].
SECTION 6. Section 55.0041(f), Occupations Code, is
repealed.
SECTION 7. As soon as practicable after the effective date
of this Act, a state agency, as defined by Section 55.001,
Occupations Code, shall adopt, modify, or repeal the rules
necessary to implement the changes in law made by this Act.
SECTION 8. The changes in law made by this Act apply only to
an application for a license filed with a state agency, as defined
by Section 55.001, Occupations Code, on or after the effective date
of this Act. An application for a license filed before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 5629 was passed by the House on May
16, 2025, by the following vote: Yeas 129, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5629 was passed by the Senate on May
27, 2025, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor