| (a) Definitions.
(1) The definitions for terms defined in Occupations
Code §55.001, concerning Definitions, are applicable to this
section, including the terms "military service member," "military
veteran," and "military spouse."
(2) for purposes of this section, "license" has the
same meaning as "permit," as defined in §1.802 of this title
(relating to Definitions), unless the context clearly indicates otherwise,
and "licensee" includes anyone who holds a permit issued by the agency.
(b) Conflict. To the extent that provisions in this
section conflict with provisions in any other section in this title,
this section controls.
(c) Applicability. The provisions in this section apply
to all permits as defined in §1.802 of this title, including
licenses and certificates of authority for administrators under Chapter
7, Subchapter P of this title (relating to Administrators); surplus
lines agents under Chapter 15, Subchapter B of this title (relating
to Surplus Lines Agents); insurance professionals under Chapter 19,
Subchapter I of this title (relating to General Provisions Regarding
Fees, Applications, and Renewals); and insurance premium finance companies
under Chapter 25, Subchapter B of this title (relating to Licensing
and Regulation); and licenses issued by the state fire marshal under
Chapter 34 of this title (relating to State Fire Marshal).
(d) Alternative licensing requirements. Consistent
with Occupations Code §55.004, concerning Alternative Licensing
for Military Service Members, Military Veterans, and Military Spouses,
an applicant for a license who is a military service member, military
veteran, or military spouse may complete the following alternative
procedures for licensing:
(1) Resident licensing by reciprocity for military
service members and military spouses. An applicant who is a military
service member or military spouse and who holds a current license
issued by another jurisdiction that has licensing requirements that
are substantially equivalent to the requirements for the license may
apply for a Texas resident license as provided in subsection (g) of
this section.
(2) Resident licensing by reciprocity for military
veterans. An applicant who is a military veteran and who holds a current
license issued by another jurisdiction that has licensing requirements
that are substantially equivalent to the requirements for the license
may apply for a Texas resident license subject to the applicable qualifications
for resident licenses as provided in this title and subject to subsection
(f) of this section.
(3) Expired resident licenses. An applicant who is
a military service member, military veteran, or military spouse and
whose Texas resident license has been expired for fewer than five
years preceding the application date may request that TDI waive the
examination requirement. An applicant requesting this waiver must
submit to the applicable licensing office or division of the agency:
(A) a new license application;
(B) identification indicating that the applicant is
a military service member; military veteran; or military dependent,
if a military spouse;
(C) evidence that the applicant has completed all required
continuing education for the periods the applicant was licensed and
paid all fines as required under this title; and
(D) a request for waiver that includes an explanation
that justifies waiver of the licensing examination.
(e) License renewal extension and fee exemption.
(1) As specified in Occupations Code §55.003,
concerning Extension of License Renewal Deadlines for Military Service
Members, a military service member who holds a license is entitled
to two additional years to complete any requirements related to the
renewal of the license, including continuing education requirements,
and to submit a renewal application including the following:
(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 requirements.
(2) A military service member specified in paragraph
(1) of this subsection is exempt from additional fees or penalties
required under this title for failure to renew a license in a timely
manner, as specified in Occupations Code §55.002, concerning
Exemption from Penalty for Failure to Renew License.
(3) A military service member specified in paragraph
(1) of this subsection must satisfy the continuing education requirement
for which the compliance period has been extended before satisfying
the continuing education requirement for any other period.
(4) A military service member serving in a combat theater,
as provided for in Insurance Code §36.109, concerning Renewal
Extension for Certain Persons Performing Military Service, may apply
for an exemption from or an extension of time for meeting license
renewal requirements, including continuing education requirements.
The licensee must request the exemption or extension before the end
of the applicable reporting period and must include:
(A) a copy of the order for active duty status, service
in a combat theater, or other positive documentation of military service
that will demonstrate that the licensee is prevented from compliance;
(B) a clear request for either an extension or exemption,
or both;
(C) a statement indicating whether the request is for
an extension or exemption, or both, from continuing education requirements
or from license renewal;
(D) the expected duration of the assignment; and
(E) any other information the licensee believes may
assist the agency or that the agency requests, on a case-by-case basis.
(f) Fee exemptions.
(1) Consistent with Occupations Code §55.009,
concerning License Application and Examination Fees, the following
applicants are not required to pay any applicable license application
fee or examination fee that is otherwise payable to the agency:
(A) a military service member or military veteran whose
military service, training, or education substantially meets all of
the requirements for the license; or
(B) 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.
(2) The fee exemption under paragraph (1) of this subsection
does not apply to license renewal application fees.
(3) To qualify for the fee exemption under paragraph
(1)(A) of this subsection, the applicant must submit as applicable:
(A) the license application, with a request for waiver
of the application fee and examination fee;
(B) identification indicating that the applicant is
a military service member or military veteran; and
(C) documentation that the applicant's military service,
training, or education substantially meets all the requirements for
the license.
(4) To qualify for the fee exemption under paragraph
(1)(B) of this subsection, the applicant must submit as applicable:
(A) the license application, with a request for waiver
of the application fee and examination fee; and
(B) identification indicating that the applicant is
a military service member, military veteran, or military spouse.
(g) Reciprocal licenses for military service members
and military spouses.
(1) A military service member or military spouse who
is licensed in a state with substantially equivalent requirements
to those of Texas is eligible for a Texas resident license while the
military service member is stationed at a military installation in
Texas.
(2) A license granted under paragraph (1) of this subsection
is effective for a period of three years from the date the applicant
receives confirmation from the agency of receipt of the items described
in paragraph (4)(A) - (C) of this subsection and may not be renewed.
(3) Consistent with 50 USC §4025a, concerning
Portability of Professional Licenses of Servicemembers and Their Spouses,
if military orders require the military service member to continue
to be stationed in Texas past the expiration of the license as described
in paragraph (2) of this subsection, the licensee may apply for a
new license under paragraph (1) of this subsection. A licensee seeking
a new license under this paragraph must submit to the applicable licensing
office or division of the agency documentation of the military order
or orders requiring that the military service member continue to be
stationed in Texas past the license expiration date.
(4) To apply for a license under this subsection, the
applicant must provide to the applicable licensing office or division
of the agency:
Cont'd... |
