| (a) The following terms used in this section are defined
in §55.001 of the Occupations Code as follows:
(1) "Active duty" means current full-time military
service in the armed forces of the United States or active duty military
service as a member of the Texas military forces, as defined by §437.001,
Government Code, or similar military service of another state.
(2) "Armed forces of the United States" means the army,
navy, air force, space force, coast guard, or marine corps of the
United States or a reserve unit of one of those branches of the armed
forces.
(3) "Military service member" means a person who is
on active duty.
(4) "Military spouse" means a person who is married
to a military service member.
(5) "Military veteran" means a person who has served
on active duty and who was discharged or released from active duty.
(b) As soon as practicable after a military service
member, military veteran, or military spouse applies in his or her
individual capacity for a commercial lessor license, distributor license,
manufacturer license, or listing on the bingo worker registry, the
Commission will process the application and, if warranted, issue the
license or list the applicant on the bingo worker registry. A military
service member or military veteran must provide the Commission with
definitive proof of his or her current or prior military service.
A military spouse must provide the Commission with:
(1) definitive proof of his or her spouse's current
military service; and
(2) his or her official marriage certificate or other
definitive proof of his or her marriage to a military service member.
(c) The Commission will waive the license fee for a
military service member or military veteran that applies in his or
her individual capacity for a commercial lessor license, distributor
license, or manufacturer license. The applicant must provide the Commission
with definitive proof of the applicant's current or prior military
service.
(d) The Commission will waive the license fee for a
military spouse that applies in his or her individual capacity for
a commercial lessor license, distributor license, or manufacturer
license, provided that the applicant holds a current license issued
by another state or jurisdiction that is substantially equivalent
to the license for which the applicant is applying. The applicant
must provide the Commission with:
(1) definitive proof of his or her spouse's current
military service;
(2) his or her official marriage certificate or other
definitive proof of his or her marriage to a military service member;
and
(3) a photocopy of his or her current out-of-state
license that is substantially equivalent to the license for which
the applicant is applying.
(e) An individual licensed in his or her individual
capacity as a commercial lessor, distributor, or manufacturer is exempt
from the late license renewal fee provided for in §402.411(e)
of this chapter if the individual can demonstrate, to the satisfaction
of the Commission, that the individual failed to renew his or her
license in a timely manner because the individual was serving as a
military service member.
(f) A military service member or a military spouse
may engage in any activity for which a license or bingo worker registration
is required without obtaining the applicable license or registration
if the member or spouse is currently licensed in good standing by
another jurisdiction that has licensing requirements that are substantially
equivalent to the requirements for licensure in Texas. Before engaging
in the activity, the military member or spouse must notify the Commission
of their intent to conduct the activity in this state and must submit
proof of their residency in this state along with a copy of their
military identification card. Within thirty (30) days, the Commission
will verify that the military service member or military spouse is
currently licensed in good standing in another state that has licensing
requirements that are substantially equivalent to the requirements
in Texas. If so, the Commission shall authorize the military service
member or military spouse to engage in the activity. The authorization
is effective only for the period during which the military service
member or the military service member to whom the military spouse
is married is stationed at a military installation in this state,
not to exceed three years. The authorization may not be renewed. The
military member or spouse shall comply with all other laws and regulations
applicable to the business or occupation in this state. In the event
of a divorce or similar event that affects a person's status as a
military spouse, the spouse may continue to engage in the business
or occupation until the third anniversary of the date the spouse received
the authorization.
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| Source Note: The provisions of this §402.413 adopted to be effective August 1, 2016, 41 TexReg 5546; amended to be effective December 31, 2017, 42 TexReg 7392; amended to be effective October 31, 2019, 44 TexReg 6368; amended to be effective January 6, 2022, 46 TexReg 9285; amended to be effective January 4, 2024, 48 TexReg 8369 |
