(a) This section establishes rules pursuant to the
authority granted in §55.0041, Texas Occupations Code.
(b) The executive director of the Commission must authorize
a military service member or military spouse applicant, who meets
the qualifications set forth in subsection (c) of this section and §55.0041(a),
Texas Occupations Code, to practice funeral directing or embalming
in Texas without obtaining a license.
(c) In order to receive authorization to practice in
Texas, the military service member or military spouse must:
(1) hold an active license to practice funeral directing
or embalming in another jurisdiction that:
(A) that has licensing requirements that are determined
by the commission to be substantially equivalent to the requirements
for licensure in Texas; and
(B) where the license is currently licensed in good
standing in the other jurisdiction;
(2) notify the commission of the military service member
or military spouse's intent to practice in Texas on a form prescribed
by the commission;
(3) submit a copy of the military service member or
military spouse's military identification card; and
(4) submit proof of the military service member or
military spouse's residency in Texas and of the military service member's,
or, with respect to a military spouse, the military service member
to whom the military spouse is married, status as an active duty military
service member as defined by §437.001(1), Texas Government Code
(relating to Definitions).
(d) For purposes of this section, the commission will
determine whether another jurisdiction has licensing requirements
that are substantially equivalent to those in Texas by reviewing the
other jurisdiction's education, examination, criminal background history,
and apprenticeship or internship requirements for a license to engage
in funeral directing or embalming in that jurisdiction compared to
this state.
(e) While authorized to practice funeral directing
or embalming in this state, the military service member or military
spouse shall comply with all other laws and regulations applicable
to the practice of funeral directing or embalming in Texas.
(f) The commission has 30 days from the date a military
service member or military spouse submits the information required
by subsection (c) of this section to:
(1) verify that the member or spouse is active and
currently licensed in good standing by another jurisdiction with substantially
equivalent licensing requirements to Texas; and
(2) upon confirmation from the other jurisdiction(s)
that the person is currently licensed and in good standing with that
jurisdiction(s), issue an authorization recognizing the applicant's
licensure as the equivalent license in this state.
(g) This authorization to practice is valid during
the time the military service member or, with respect to a military
spouse, the military service member to whom the military spouse is
married is stationed at a military installation in Texas, but not
to exceed three years.
(h) 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 under the authority of this
section until the third anniversary of the date the spouse received
the authorization described by subsection (f) of this section. A similar
event includes the death of the military service member or the military
service member's discharge from the military.
(i) An authorization issued under this section may
not be renewed.
(j) This section establishes requirements and procedures
authorized or required by Texas Occupations Code, Chapter 55, and
does not modify or alter rights that may be provided under federal
law.
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