Texas Register

TITLE 22 EXAMINING BOARDS
PART 17TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 365LICENSING AND REGISTRATION
RULE §365.22Licensing Procedures for Military Service Members, Military Veterans and Military Spouses
ISSUE 07/08/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Military service members, military veterans and military spouses who held a license issued by the Texas State Board of Plumbing Examiners in the five years preceding their application date will be issued the same license type as that which was previously held.

[(a)The Board may issue an initial license or registration to an applicant who is a military spouse and holds a current license issued by another state that has licensing requirements that are substantially equivalent to the requirements for the license or registration.]

(b)Military service members, military veterans and military spouses who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirement for the license in this state will be issued the same license type as that which is held in the other jurisdiction.

[(b)The Board may reinstate the license or registration of an applicant who is a military spouse if the license or registration was current at some point during the five (5) years preceding the date the application is submitted.]

(c)The Board will identify which out-of-state licenses held by military service members, military veterans and military spouses have substantially equivalent licensing requirements on a case-by-case basis by comparing the out-of-state jurisdiction's requirements at the time the out-of-state license was issued to the Board's current requirements.

[(c)After reviewing the credentials of an applicant who meets the criteria set forth in subsections (a) or (b) of this section, the Executive Director may waive any prerequisite for obtaining a license or registration. The Executive Director may also waive a prerequisite if the applicant holds a current license issued by another jurisdiction that has a reciprocity agreement with Texas for the license.]

(d)Military service members, military veterans and military spouses who do not qualify for a license under Subsection (a) or (b) of this section may request that the Executive Director review the military service member's, military veteran's or military spouse's alternative credentials, including training, education and experience for the purposes of granting prerequisites to obtaining a license.

[(d)In addition to any required application(s), an individual who meets the criteria set forth in subsection (a) or (b) of this section, must submit proof that his or her spouse is currently serving on active duty.]

[(e)In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant's circumstances, the Board may use alternative methods when reviewing an application submitted by an individual who meets that criteria set forth in subsection (a) or (b) of this section. The alternative method(s) may take into consideration any combination of the following:]

  [(1)education;]

  [(2)continuing education;]

  [(3)examinations (written and/or practical);]

  [(4)letters of good standing;]

  [(5)letters of recommendation;]

  [(6)work experience; or]

  [(7)other relevant information approved by the Executive Director.]

[(f)Any information requested in connection with an application reviewed using the method described in subsection (e) of this section shall be submitted in a form and manner prescribed by the Board.]

(e)[(g)] The Board shall process an application submitted by a military service member, military veteran, or military spouse [an individual who meets the criteria in subsection (a) or (b) of this section and issue the corresponding license or registration] as soon as practicable. Applicants deemed qualified will be issued a license and information on the requirements to renew the license in 12 months.

(f)Licensing and examination fees payable to the Board are waived for military service members, military veterans and military souses as provided by Chapter 55 of the Texas Occupations Code. Late fees incurred while on active duty are waived for military service members.

(g)Military spouses who do not wish to obtain a Texas plumbing license may apply, at no cost, for their out-of-state license to be recognized instead by submitting:

  (1)proof of Texas residency, including, but not limited to, a copy of the permanent change of state order for the military service member to whom the spouse is married;

  (2)a copy of the spouse's military identification card; and

  (3)a copy of the out-of-state license showing that it is current and in good standing at the same time of their application.

(h)A military spouse's application for out-of-state recognition will be presumed to show their intent to practice in Texas.

(i)If the Board determines that the jurisdiction where the military spouse is currently licensed has licensing requirements that are substantially equivalent to the requirements for a Texas license as provided for by Subsection (c) of this section, then the military spouse may engage in plumbing in Texas for a maximum of three (3) years from the date of recognition without a Texas license.

(j)Military spouses approved to use their out-of-state license to engage in plumbing in Texas pursuant to Section 55.0041 of the Texas Occupations Code must comply with Chapter 1301 of the Texas Occupations Code and all other applicable laws and regulations.

(k)Military service members and military veterans who do not hold a current out-of-state license or who have not held a Texas license in the five (5) years preceding their application may have their military experience credited toward license eligibility and apprenticeship requirements by submitting evidence of:

  (1)verified military service (DD Form 214 or equivalent);

  (2)training in plumbing or a related field; and

  (3)education in plumbing or a related field.

(l)Military service members and military veterans who do not hold a current out-of-state license or who have not held a Texas license in the five (5) years preceding their application must not have a restricted license in another jurisdiction or an unacceptable criminal history to be eligible to sit for an examination for licensure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2022

TRD-202202361

Lynn Latombe

General Counsel

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: August 7, 2022

For further information, please call: (512) 936-5216



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