| (a) Definitions. The definitions for terms defined
in Occupations Code §55.001 are applicable to this section, including
the terms "military service member," "military veteran," and "military
spouse."
(b) Conflict. To the extent that provisions in this
section conflict with provisions in any other section in this chapter,
this section controls.
(c) License renewal extension and fee exemption. As
specified in Occupations Code §55.003, a military service member
who holds a license is entitled to two years of additional time to
complete any requirements related to the renewal of the military service
member's license as follows:
(1) A military service member who fails to renew a
license in a timely manner because the individual was serving as a
military service member must submit to TDI:
(A) the licensee's name, address, and license number;
(B) the licensee's military identification indicating
that the individual is a military service member; and
(C) a statement requesting up to two years of additional
time to complete the renewal, including continuing education.
(2) A military service member specified in paragraph
(1) of this subsection is exempt from additional fees required under §19.810
of this title as required in Occupations Code §55.002.
(3) A military service member specified in paragraph
(1) of this subsection is entitled to two additional years to complete
the continuing education and submit a renewal as specified in Occupations
Code §55.003.
(4) A military service member specified in paragraph
(1) of this subsection must satisfy the continuing education requirement
that has been extended before satisfying the continuing education
requirement for any other period.
(d) Alternative and nonresident reciprocal licensing.
As specified in Occupations Code §55.009:
(1) a military service member or military veteran whose
military service, training, or education substantially meets all of
the requirements for the license; or
(2) a military service member or military veteran who
holds a current license issued by another jurisdiction that has licensing
requirements that are substantially equivalent to the requirements
for the license is not required to pay any applicable application
fee or examination fee that is paid to TDI. This exemption does not
apply to license renewal application fees. To qualify for this exemption
the applicant must submit as applicable:
(A) the required original license application, with
a request for waiver of the application fee and examination fee paid
to TDI;
(B) identification indicating that the applicant is
a military service member; military veteran; or military dependent,
if a military spouse;
(C) marriage certificate or documentation, if a military
spouse and marriage is not otherwise documented in the documentation
provided under paragraph (2) of this subsection; and
(D) documentation that the applicant's military service,
training, or education substantially meets all the requirements for
the license.
(e) Alternative licensing requirements. For the purpose
of Occupations Code §55.004, an applicant for a license who is
a military service member or military veteran may complete the following
alternative procedures for licensing.
(1) Requirements for licensing by reciprocity. A nonresident
license applicant may apply for a nonresident license subject to the
qualifications and as provided in subsection (c) of this section.
(2) Requirements for an applicant whose Texas resident
license has expired for more than one year. A license applicant whose
Texas resident license has expired for more than one year but less
than five years preceding the application date may request that TDI
waive the examination requirement. An applicant requesting this waiver
must submit to TDI:
(A) the required original license application;
(B) identification indicating that the applicant is
a military service member; military veteran; or military dependent,
if a military spouse;
(C) a marriage certificate or documentation, if a military
spouse and marriage is not otherwise documented in the documentation
provided under subparagraph (B) of this subsection;
(D) evidence that the applicant has completed all required
continuing education for the periods the applicant was licensed, and
paid all required fines, as required under §19.810 of this title;
and
(E) a request for waiver demonstrating the applicant's
credentials that justify waiver of the licensing examination.
(f) Service in a combat theater. A military service
member serving in a combat theater, as provided for in Insurance Code §36.109,
may apply to TDI for an exemption from or an extension of time for
meeting the continuing education requirements or extending their license
renewal. The licensee must request the exemption or extension before
the end of the reporting period for which it applies and must include:
(1) a copy of the order to active duty status, service
in a combat theater, or other positive documentation of military service
that will prevent the licensee from compliance;
(2) a clear request for either an extension or exemption,
or both;
(3) the expected duration of the assignment; and
(4) any other information the licensee believes may
assist TDI or that TDI requests, on a case by case basis.
(g) Military Spouses. Military spouses who are licensed
in a state with substantially equivalent requirements to those of
this state are eligible for a license while the military service member
to whom the military spouse is married is stationed at a military
installation in this state. This license is effective for a period
of three years from the date the spouse receives confirmation from
the Texas Department of Insurance of receipt of the items described
by this subsection. The military spouse must:
(1) submit an application notifying TDI of the military
spouse's intent to operate under the license in Texas;
(2) submit to TDI proof of the military spouse's residency
in Texas and a copy of the spouse's military identification card;
and
(3) show evidence of good standing from the jurisdiction
with substantially equivalent requirements to the requirements of
this state.
(h) Notwithstanding any other section in this title,
a military spouse submitting an application under this section is
not required to pay an application fee to TDI.
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