(a) This section implements Texas Occupations Code
§55.0041 and the license portability provisions of the federal
Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.
(b) This section applies to a military service member
or military spouse, as defined under §60.501, and to a member
or the spouse of a member of the commissioned corps of the National
Oceanic and Atmospheric Administration or Public Health Service.
(c) A person described in subsection (b) may engage
in a business or occupation for which a license is required without
obtaining the applicable Texas license if the department recognizes
the out-of-state license.
(d) In order for an out-of-state license to be recognized
under this section, a person described in subsection (b) must provide,
in a manner determined by the department:
(1) notice of the person's or spouse's intent to practice
in this state;
(2) a copy of the person's military identification
card;
(3) a copy of the person's or spouse's military orders
showing relocation to Texas;
(4) a copy of the out-of-state license, or if unavailable,
other identifying information required by the department;
(5) proof that the person remains in good standing
with any licensing authority that issued to the service member or
their spouse a license valid at a similar scope of practice and in
the discipline applied in such jurisdiction of the licensing authority,
and has no restrictions, pending enforcement actions, or unpaid fees
or penalties relating to the license; and
(6) an acknowledgment that the person submits to the
department's authority over the standards of practice regarding the
license, discipline, and fulfillment of continuing education requirements.
(e) If the requirements of subsection (d) have been
met, the department will provide written confirmation that the license
is recognized by the department.
(f) A person who is issued the confirmation described
in subsection (e):
(1) may engage in the authorized business or occupation
for the duration of the person's military orders; and
(2) must immediately notify the department if the person
is no longer in good standing with the licensing authority that issued
the license recognized by the department.
(g) The department shall withdraw its recognition of
a person's out-of-state license if it determines that the person is
no longer in good standing with the licensing authority that issued
the license.
(h) In the event of a divorce or similar event that
affects a person's status as a spouse, a former spouse whose out-of-state
license has been recognized pursuant to this section may continue
to engage in the business or occupation until the third anniversary
of the date the former spouse received the confirmation described
by subsection (e).
(i) An individual who engages in a business or occupation
under the authority or license established by this section is subject
to the enforcement authority granted under Texas Occupations Code,
Chapter 51, this chapter, and the laws and regulations applicable
to the business or occupation in Texas.
(j) An application under this section shall be expedited
in accordance with Texas Occupations Code §55.005.
(k) If a service member or spouse of a service member
is licensed by way of an interstate licensure compact with Texas,
the service member or spouse shall be subject to the requirements
of the compact and the applicable laws of this State, and not this
section.
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