| (a) Definitions. The terms "active duty," "military
service member," "military spouse," and "military veteran" have the
meaning assigned by the Texas Occupations Code Title 2, §55.001.
(b) Exemption from License Fees. All active duty, military
service members, military veterans and military spouses who apply
for or renew a forensic analyst license are exempt from fee requirements
described under this subchapter.
(c) Exemption from Penalty for Failure to Renew License.
All active duty, military service members, military veterans, and
military spouses who hold a Forensic Analyst License are exempt from
any increased fee or other penalty imposed by the Commission for failing
to renew his/her license in a timely manner if the individual establishes
to the satisfaction of the Commission that the individual failed to
renew the license in a timely manner because the individual was serving
as a military service member.
(d) Extension of License Renewal Deadlines for Military
Service Members. A military service member who holds a Forensic Analyst
License is entitled to two years of additional time to complete:
(1) any continuing education requirements; and
(2) any other requirement related to the renewal of
the military service member's license.
(e) Alternative Licensing for Military Service Members,
Military Veterans, and Military Spouses. The Commission shall issue
a license to an applicant who is a military service member, military
veteran, or military spouse who:
(1) holds a current license issued by another jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for the license in this state; or
(2) within the five years preceding the application
date held the license with this state; and
(3) the Commission Presiding Officer or Designee may
waive any prerequisite to obtaining a license for an applicant described
in this subsection after reviewing the applicant's credentials.
(f) Recognition of Out-of-State License of Military
Spouse. Notwithstanding any other law, a military spouse may on behalf
of a crime laboratory accredited by the Commission technically review
or perform a forensic analysis or draw conclusions from or interpret
a forensic analysis for a court or crime laboratory for which a license
is required without obtaining the applicable license if the spouse
is currently licensed in good standing by another jurisdiction that
has licensing requirements that are substantially equivalent to the
requirements for the forensic analyst license in this state.
(1) Before acting as a forensic analyst or forensic
technician or performing any forensic analysis, the military spouse
must:
(A) notify the Commission of the spouse's intent to
act as a forensic analyst;
(B) submit to the Commission proof of the spouse's
residency in this state and a copy of the spouse's military identification
card; and
(C) receive from the Commission confirmation that the
agency has verified the spouse's license in the other jurisdiction
and the spouse is authorized to act as a forensic analyst in the state.
(2) The military spouse shall comply with all other
laws and regulations applicable to forensic analysts and forensic
technicians in this state.
(3) A military spouse may act as a forensic analyst
under authority of this subsection for the period during which the
military service member to whom the military spouse is married is
stationed at a military installation in this state but not to exceed
three years from the date the spouse receives the confirmation described
in paragraph (1)(C) of this subsection.
(4) A license issued under this subsection expires
not later than the third anniversary of the date the Commission provided
the confirmation and may not be renewed.
(g) License Eligibility Requirements for Applicants
with Military Experience. Notwithstanding any other law, the Commission
shall credit verified military service, training or education toward
the licensing requirements, other than the general forensic examination
requirement, for a Forensic Analyst License.
(h) License Application and Examination. Notwithstanding
any other law, the Commission shall waive the license application
and any examination fees paid to the Commission for an applicant who
is:
(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 in this state.
(i) Notice of Chapter Provisions. The Commission shall
prominently post a notice on the home page of the Commission's website
describing the provisions of this subchapter that are available to
military service members, military veterans, and military spouses.
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| Source Note: The provisions of this §651.213 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective September 15, 2019, 44 TexReg 4875 |
