| (a) This section sets out certain initial licensing
and license renewal procedures specific to military service members,
military veterans, and military spouses, pursuant to Occupations Code,
Chapter 55 (relating to Licensing of Military Service Members, Military
Veterans, and Military Spouses). For purposes of this section:
(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 Government Code, §437.001 or similar military service
of another state.
(2) "Armed forces of the United States" means
the army, navy, air force, coast guard, or marine corps of the United
States or a reserve unit of one of those branches of the armed forces.
(3) "License" means a license, certificate,
registration, permit, or other form of authorization required by law
or a state agency rule that must be obtained by an individual to engage
in a particular business.
(4) "Military service member" means a person
who is on active duty.
(5) "Military spouse" means a person who
is married to a military service member.
(6) "Military veteran" means a person who
has served on active duty and who was discharged or released from
active duty.
(b) An applicant shall provide documentation acceptable
to the department 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 will not be processed under this section.
(c) Upon request, an applicant shall provide proof
specified by, or otherwise acceptable to, the department of current
licensure issued by another jurisdiction. Upon request, the applicant
shall provide proof specified by, or otherwise acceptable to, the
department, that the licensing requirements of that jurisdiction are
substantially equivalent to the licensing 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 provisions
of this section.
(e) For an application for a license under this subchapter
submitted by a verified military service member or military veteran,
the applicant will receive credit towards any licensing or internship
requirements, except an examination requirement, for verified military
service, training, or education that the department determines is
relevant, as applicable, to the occupation or licensing requirements,
unless he or she holds a restricted license issued by another jurisdiction
or has a criminal history for which adverse licensure action is authorized
by law.
(f) An applicant who is a military service member,
military veteran, or military spouse holding a current, unrestricted,
license issued by another jurisdiction that has substantially equivalent
requirements to the requirements for licensure in this state shall
complete and submit an application form and a supplemental application
form for military service member, veteran, or military spouse. As
soon as practicable after a complete application under this subsection
is filed, the department will process and issue a license under this
subchapter to an applicant who holds such a license, satisfies the
application and supplemental application requirements, and meets the
requisite substantial equivalency requirements of the other state,
if the applicant has no unresolved allegations or criminal background
relevant to the license, and there are no other facts or circumstances
providing grounds for denial of the license. The license will have
the same term as a license for the same license type otherwise issued
under the Act and this subchapter. Renewal of a license issued under
this subsection shall be in accordance with subsection (i) of this
section.
(g) An applicant who is a military service member,
military veteran, or military spouse who held a license under the
Act and this subchapter within the five years preceding the application
date, and without restriction, shall complete and submit an application
form and a supplemental application form for military service member,
veteran, or military spouse. As soon as practicable after a complete
application under this subsection is filed, the department will process
and issue a license under this subchapter to an applicant who held
such a license and who satisfies the application and supplemental
application requirements, if the applicant has no unresolved allegations
or criminal background relevant to the license, and there are no other
facts or circumstances providing grounds for denial of the license.
The license will have the same term as a license for the same license
type otherwise issued under the Act or this subchapter. Renewal of
a license issued under this subsection shall be in accordance with
subsection (i) of this section.
(h) In accordance with Occupations Code, §55.004(b),
the department’s commissioner or the commissioner’s designee
may waive any prerequisite to obtaining a license under the Act or
this subchapter after reviewing the credentials of an applicant who
is eligible to apply under subsection (f) or (g) of this section.
(i) If the department issues an initial license under
this subchapter pursuant to subsection (f) or (g) of this section
to an applicant who is a military service member, military veteran,
or military spouse, the department will assess whether the applicant
has met all licensing requirements of this state. The department will
provide this assessment in writing, which may be by electronic means,
to the applicant at the time the license under this subchapter is
issued. If the applicant has not met all licensing requirements under
the Act and this subchapter, the applicant must provide proof of completion
at the time of the first application for license renewal under this
subchapter. A license under this subchapter will not be renewed, will
be allowed to expire, and will become ineffective if the applicant
does not provide proof of completion at the time of the first application
for renewal of the license.
(j) Notwithstanding any other law, the department will
waive the registration application fees paid to the state for an applicant
described in paragraph (1) or (2) of this subsection. An applicant
shall provide any proof requested by the department that the applicant
is:
(1) A military service member or military veteran whose
military service, training, or education substantially meets all applicable
requirements for the license under this subchapter; 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 under this subchapter.
(k) For license renewal under this subchapter, the
department will exempt an individual who holds a license under this
subchapter from any increased fee or other penalty imposed for failing
to renew the license in a timely manner if the individual establishes
to the satisfaction of the program director that the individual failed
to renew the license in a timely manner because the individual was
serving as a military service member.
(l) A military service member who holds a license under
this subchapter is entitled to two years of additional time beyond
the expiration date of the license to complete:
(1) any continuing education requirements; and
(2) any other requirement related to the renewal of
the military service member’s license.
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