The Texas Behavioral Health Executive Council adopts amendments to §882.61, relating to Special Licensing Provisions for Service Members and Military Spouses. Section 882.61 is adopted with changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3797) and will be republished.

Reasoned Justification.

The adopted amendments better align this rule with both state and federal law regarding licensing exemptions for service members and military spouses. The rule is adopted with changes in response to recent amendments made to Section 55.0041 of the Occupations Code by S.B. 422, 88th Leg., R.S. (2023).

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

None.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

Lastly, the Executive Council adopts this rule pursuant to the authority found in §55.0041 of the Tex. Occ. Code which instructs licensing agencies to adopt rules to recognize the out-of-state license of a service member and a military spouse.