Texas HB 5629: Relating to the occupational licensing of military service members, military veterans, and military spouses.

Bill Text

89(R) HB 5629 - Enrolled version - Bill Text

  

  

  
 H.B. No. 5629

  

  

  

  

 AN ACT

  

 relating to the occupational licensing of military service 

  

 members, military veterans, and military spouses.

  

        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

  

        SECTION 1.  Sections 55.004(a) and (d), Occupations Code, 

  

 are amended to read as follows:

  

        (a)  A state agency that issues a license shall issue [adopt 

  

 rules for the issuance of] the license to an applicant who is a 

  

 military service member, military veteran, or military spouse and:

  

              (1)  holds a current license issued by another state

  

 [jurisdiction] that is similar in scope of practice [has licensing 

  

 requirements that are substantially equivalent] to the 

  

 [requirements for the] license in this state and is in good standing 

  

 with that state's licensing authority; or

  

              (2)  within the five years preceding the application 

  

 date held the license in this state.

  

        (d)  A state agency that issues a license that has a 

  

 residency requirement for license eligibility may not [shall] 

  

 adopt rules requiring [regarding] documentation [necessary] for an 

  

 applicant who is a military service member, military veteran, or 

  

 military spouse to establish residency for purposes of this section

  

 [subsection, including by providing to the agency a copy of the 

  

 permanent change of station order for the applicant or the 

  

 applicant's spouse].

  

        SECTION 2.  Section 55.0041, Occupations Code, is amended by 

  

 amending Subsections (a), (b), (d), (d-1), and (e) and adding 

  

 Subsection (b-1) to read as follows:

  

        (a)  Notwithstanding any other law, a military service 

  

 member or military spouse may engage in a business or occupation for 

  

 which a license is required without obtaining the applicable 

  

 license if the member or spouse [is] currently holds a license 

  

 similar in scope of practice issued by the licensing authority of 

  

 another state and is [licensed] in good standing with [by another 

  

 jurisdiction] that [has] licensing authority [requirements that 

  

 are substantially equivalent to the requirements for the license in 

  

 this state].

  

        (b)  Before engaging in the practice of the business or 

  

 occupation under Subsection (a), the military service member or 

  

 military spouse must submit an application to the applicable state 

  

 agency in the form the agency prescribes that includes:

  

              (1)  a copy [notify the applicable state agency] of the 

  

 member's military orders showing relocation to [or spouse's intent 

  

 to practice in] this state;

  

              (2)  if the applicant is a military spouse, a copy of 

  

 the military spouse's marriage license [submit to the agency proof 

  

 of the member's or spouse's residency in this state in accordance 

  

 with rules adopted under Section 55.004(d) and a copy of the 

  

 member's or spouse's military identification card]; and

  

              (3)  a notarized affidavit affirming under penalty of 

  

 perjury [receive from the agency confirmation] that:

  

                    (A)  the applicant is the person described and 

  

 identified in the application [the agency has verified the member's 

  

 or spouse's license in the other jurisdiction]; [and]

  

                    (B)  all statements in the application are true, 

  

 correct, and complete;

  

                    (C)  the applicant und