Section 203.60 - Exemption from Licensure for Certain Military Service Members and Military Spouses(a) This section establishes rules pursuant to the authority granted in §55.0041, Texas Occupations Code.(b) The executive director of the Commission must authorize a military service member or military spouse applicant, who meets the qualifications set forth in subsection (c) of this section and §55.0041(a), Texas Occupations Code, to practice funeral directing or embalming in Texas without obtaining a license.(c) In order to receive authorization to practice in Texas, the military service member or military spouse must: (1) hold an active license to practice funeral directing or embalming in another jurisdiction that: (A) that has licensing requirements that are determined by the commission to be substantially equivalent to the requirements for licensure in Texas; and(B) where the license is currently licensed in good standing in the other jurisdiction;(2) notify the commission of the military service member or military spouse's intent to practice in Texas on a form prescribed by the commission;(3) submit a copy of the military service member or military spouse's military identification card; and(4) submit proof of the military service member or military spouse's residency in Texas and of the military service member's, or, with respect to a military spouse, the military service member to whom the military spouse is married, status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions).(d) For purposes of this section, the commission will determine whether another jurisdiction has licensing requirements that are substantially equivalent to those in Texas by reviewing the other jurisdiction's education, examination, criminal background history, and apprenticeship or internship requirements for a license to engage in funeral directing or embalming in that jurisdiction compared to this state.(e) While authorized to practice funeral directing or embalming in this state, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of funeral directing or embalming in Texas.(f) The commission has 30 days from the date a military service member or military spouse submits the information required by subsection (c) of this section to: (1) verify that the member or spouse is active and currently licensed in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and(2) upon confirmation from the other jurisdiction(s) that the person is currently licensed and in good standing with that jurisdiction(s), issue an authorization recognizing the applicant's licensure as the equivalent license in this state.(g) This authorization to practice is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas, but not to exceed three years.(h) In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the authorization described by subsection (f) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.(i) An authorization issued under this section may not be renewed.(j) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.22 Tex. Admin. Code § 203.60
Adopted by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5778, eff. 8/6/2024