Section 140.433 - Licensing, Certification, or Registration of Military Service Members, Military Veterans, and Military Spouses(a) This section sets out certain initial licensing and license renewal procedures specific to military service members, military veterans, and military spouses, pursuant to Occupations Code, Chapter 55 (relating to Licensing of Military Service Members, Military Veterans, and Military Spouses). For purposes of this section: (1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Government Code, § 437.001 or similar military service of another state. (2) "Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces. (3) "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business. (4) "Military service member" means a person who is on active duty. (5) "Military spouse" means a person who is married to a military service member. (6) "Military veteran" means a person who has served on active duty and who was discharged or released from active duty. (b) An applicant shall provide documentation acceptable to the department of the applicant's status as a military service member, military veteran, or military spouse. Acceptable documentation includes, but is not limited to, copies of official documents such as military service orders, marriage licenses, and military discharge records. The application of a person who fails to provide documentation of his or her status will not be processed under this section. (c) Upon request, an applicant shall provide proof specified by, or otherwise acceptable to, the department of current licensure issued by another jurisdiction. Upon request, the applicant shall provide proof specified by, or otherwise acceptable to, the department, that the licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of this state. (d) The department's authority to require an applicant to undergo a criminal history background check, and the timeframes associated with that process, are not affected by the provisions of this section. (e) For an application for a license under this subchapter submitted by a verified military service member or military veteran, the applicant will receive credit towards any licensing or internship requirements, except an examination requirement, for verified military service, training, or education that the department determines is relevant, as applicable, to the occupation or licensing requirements, unless he or she holds a restricted license issued by another jurisdiction or has a criminal history for which adverse licensure action is authorized by law. (f) An applicant who is a military service member, military veteran, or military spouse holding a current, unrestricted, license issued by another jurisdiction that has substantially equivalent requirements to the requirements for licensure in this state shall complete and submit an application form and a supplemental application form for military service member, veteran, or military spouse. As soon as practicable after a complete application under this subsection is filed, the department will process and issue a license under this subchapter to an applicant who holds such a license, satisfies the application and supplemental application requirements, and meets the requisite substantial equivalency requirements of the other state, if the applicant has no unresolved allegations or criminal background relevant to the license, and there are no other facts or circumstances providing grounds for denial of the license. The license will have the same term as a license for the same license type otherwise issued under the Act and this subchapter. Renewal of a license issued under this subsection shall be in accordance with subsection (i) of this section. (g) An applicant who is a military service member, military veteran, or military spouse who held a license under the Act and this subchapter within the five years preceding the application date, and without restriction, shall complete and submit an application form and a supplemental application form for military service member, veteran, or military spouse. As soon as practicable after a complete application under this subsection is filed, the department will process and issue a license under this subchapter to an applicant who held such a license and who satisfies the application and supplemental application requirements, if the applicant has no unresolved allegations or criminal background relevant to the license, and there are no other facts or circumstances providing grounds for denial of the license. The license will have the same term as a license for the same license type otherwise issued under the Act or this subchapter. Renewal of a license issued under this subsection shall be in accordance with subsection (i) of this section. (h) In accordance with Occupations Code, § 55.004(b), the department's commissioner or the commissioner's designee may waive any prerequisite to obtaining a license under the Act or this subchapter after reviewing the credentials of an applicant who is eligible to apply under subsection (f) or (g) of this section. (i) If the department issues an initial license under this subchapter pursuant to subsection (f) or (g) of this section to an applicant who is a military service member, military veteran, or military spouse, the department will assess whether the applicant has met all licensing requirements of this state. The department will provide this assessment in writing, which may be by electronic means, to the applicant at the time the license under this subchapter is issued. If the applicant has not met all licensing requirements under the Act and this subchapter, the applicant must provide proof of completion at the time of the first application for license renewal under this subchapter. A license under this subchapter will not be renewed, will be allowed to expire, and will become ineffective if the applicant does not provide proof of completion at the time of the first application for renewal of the license. (j) Notwithstanding any other law, the department will waive the registration application fees paid to the state for an applicant described in paragraph (1) or (2) of this subsection. An applicant shall provide any proof requested by the department that the applicant is: (1) A military service member or military veteran whose military service, training, or education substantially meets all applicable requirements for the license under this subchapter; or (2) A military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license under this subchapter. (k) For license renewal under this subchapter, the department will exempt an individual who holds a license under this subchapter from any increased fee or other penalty imposed for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the program director that the individual failed to renew the license in a timely manner because the individual was serving as a military service member. (l) A military service member who holds a license under this subchapter is entitled to two years of additional time beyond the expiration date of the license to complete: (1) any continuing education requirements; and (2) any other requirement related to the renewal of the military service member's license.25 Tex. Admin. Code § 140.433
Adopted by Texas Register, Volume 40, Number 13, March 27, 2015, TexReg 1857, eff. 4/1/2015; Adopted by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 317, eff. 2/2/2017