| (a) The department will process a license, amendment,
or renewal application submitted for licensing of a military service
member, military spouse, or military veteran in accordance with Occupations
Code, Chapter 55. A license holder who fails to timely file a sufficient
renewal application because the license holder was on active duty
is exempt from any increased fee or penalty imposed by the department.
(b) A military service member or military spouse may
engage in a business or occupation for which a department issued license
is required if the military service member or military spouse meets
the requirements of Occupations Code, §55.0041 and this section.
(1) A military service member or military spouse must
submit to the department:
(A) notice of the military service member or military
spouse's intent to engage in a business or occupation in Texas for
which a department issued license is required;
(B) proof of the military service member being stationed
in Texas and a copy of the military service member or military spouse's
military identification card; and
(C) documentation demonstrating that the military service
member or military spouse is licensed and in good standing in another
jurisdiction for the relevant business or occupation.
(2) Upon receipt of the notice and documentation required
by paragraphs (1)(B) and (1)(C) of this subsection the department
shall:
(A) confirm with the other licensing jurisdiction that
the military service member or military spouse is currently licensed
and in good standing for the relevant business or occupation; and
(B) conduct a comparison of the other jurisdiction's
license requirements, statutes, and rules with the department's licensing
requirements to determine if the requirements are substantially equivalent.
(3) If the department confirms that a military service
member or military spouse is currently licensed in good standing in
another jurisdiction with substantially equivalent licensing requirements,
the department shall issue a license to the military service member
or military spouse for the relevant business or occupation within
30 days. The license is subject to the requirements of this chapter
and Occupations Code, Chapter 2302 in the same manner as a license
issued under the standard application process, unless exempted or
modified under Occupations Code, Chapter 55.
(c) This section establishes requirements and procedures
authorized or required by Occupations Code, Chapter 55, and does not
modify or alter rights that may be provided under federal law.
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| Source Note: The provisions of this §221.17 adopted to be effective December 9, 2015, 40 TexReg 8802; amended to be effective December 29, 2019, 44 TexReg 8037; amended to be effective June 1, 2024, 49 TexReg 2760 |
