| (a) This section sets out permitting procedures for
military service members, military veterans, and military spouses
required under Occupations Code, Chapter 55 (relating to Licensing
of Military Service Members, Military Veterans, and Military Spouses).
For purposes of this section, the following terms shall have the following
meanings:
(1) Military service member--A person who is currently
serving in the armed forces of the United States, in a reserve component
of the armed forces of the United States, including the National Guard,
or in the state military service of any state.
(2) Military spouse--A person who is married to a military
service member who is currently on active duty.
(3) Military veteran--A person who has served in the
army, navy, air force, marine corps, or coast guard of the United
States, or in an auxiliary service of one of those branches of the
armed forces.
(b) An applicant shall provide documentation of the
applicant's status as a military service member, military veteran,
or military spouse. Acceptable documentation includes, but is not
limited to, copies of official documents such as military service
orders, marriage licenses, and military discharge records. The application
of a person who fails to provide documentation of his or her status
shall not be processed under the requirements of this section.
(c) Upon request, an applicant shall provide acceptable
proof of a current permit issued by another jurisdiction. Upon request,
the applicant shall provide proof that the permitting requirements
of that jurisdiction are substantially equivalent to the permitting
requirements of this state.
(d) The department's authority to require an applicant
to undergo a criminal history background check, and the timeframes
associated with that process, are not affected by the requirements
of this section.
(e) For an application for a permit submitted by a
verified military service member or military veteran, the applicant
shall receive credit towards any permitting or apprenticeship requirements,
except an examination requirement, for verified military service,
training, or education that is relevant to the occupation, unless
he or she holds a restricted permit issued by another jurisdiction
or if he or she has an unacceptable criminal history as described
by the Act and this chapter.
(f) An applicant who is a military spouse who holds
a current permit issued by another jurisdiction that has substantially
equivalent permitting requirements shall complete and submit an application
form and fee. The department shall issue a permit to a qualified applicant
who holds such a permit as soon as practicable and the renewal of
the permit shall be in accordance with subsection (i) of this section.
(g) In accordance with Occupations Code, §55.004(c),
the department may waive any prerequisite to obtaining a permit after
reviewing the applicant's credentials and determining that the applicant
holds a permit issued by another jurisdiction that has permit requirements
substantially equivalent to those of this state.
(h) A military spouse who within the five years preceding
the application date held the permit in this state that expired while
the applicant lived in another state for at least six months is qualified
for a permit based on the previously held permit, if there are no
unresolved complaints against the applicant and if there is no other
bar to permitting, such as criminal background or non-compliance with
a department order.
(i) If the department issues an initial permit to an
applicant who is a military spouse in accordance with subsection (f)
of this section, the department shall assess whether the applicant
has met all permitting requirements of this state by virtue of the
current permit issued by another jurisdiction. The department shall
provide this assessment in writing to the applicant at the time the
permit is issued. If the applicant has not met all permitting requirements
of this state, the applicant must provide proof of completion at the
time of the first application for permit renewal. A permit shall not
be renewed, shall be allowed to expire, and shall become ineffective
if the applicant does not provide proof of completion at the time
of the first application for permit renewal.
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