HB710 - Relating to the recognition of occupational licenses and government certifications issued in other states; authorizing a fee.

  89R1316 SCP-F     By: Harrison H.B. No. 710       A BILL TO BE ENTITLED   AN ACT   relating to the recognition of occupational licenses and government   certifications issued in other states; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 2, Occupations Code, is amended by adding   Chapter 61 to read as follows:   CHAPTER   61. RECOGNITION OF OCCUPATIONAL LICENSES AND GOVERNMENT   CERTIFICATIONS           Sec. 61.001.  DEFINITIONS.  In this chapter:                 (1)     "Board" means a department, commission, board,   office, or other agency of this state or a political subdivision of   this state that issues an occupational license or government   certification to an individual.                 (2)     "Government certification" means a voluntary,   government-granted, and nontransferable recognition to an   individual who meets personal qualifications related to a lawful   occupation and may be used as part of a professional title in   addition to any professional title associated with an occupational   license.   The term does not include an occupational license,   certificate, or other credential, including a license or   certification issued by a state licensing authority as a   prerequisite to working lawfully in an occupation.                 (3)     "Lawful occupation" means a course of conduct,   pursuit, or profession that includes the sale or provision of goods   or services that are not illegal to sell or provide irrespective of   whether the individual selling or providing the goods or services   is subject to an occupational license.                 (4)     "Military" means the armed forces of the United   States, including the air force, army, coast guard, marine corps,   navy, space force, national guard, and all reserve components and   auxiliaries.   The term includes the militia of any United States   territory or state.                 (5)     "Occupational license" means a nontransferable   authorization for an individual to perform a lawful occupation   based on meeting personal qualifications, including a military   occupational specialty.   In an occupation for which an occupational   license is required, it is illegal for an individual who does not   possess a valid occupational license to perform the occupation.                 (6)     "Other state" or "another state" means any   territory or state in the United States other than this state and   includes a branch or unit of the military.                 (7)     "Scope of practice" means the procedures, actions,   processes, and work that an individual is authorized to perform   under an occupational license or government certification issued in   this state.           Sec.   61.002.     RECOGNITION OF OCCUPATIONAL LICENSE OR   GOVERNMENT CERTIFICATION.   (a)   Notwithstanding any other law, a   board shall issue an occupational license or government   certification to an individual who applies in a manner prescribed   by the board if the individual:                 (1)     holds a current and valid occupational license or   government certification in another state in a lawful occupation   with a similar scope of practice, as determined by the board;                 (2)     has held the occupational license or government   certification in another state for at least one year;                 (3)     was required by a board in another state to pass an   examination or to meet education, training, or experience   standards;                 (4)     is in good standing with the board in the other   state;                 (5)     does not have a disqualifying criminal record as   determined by the board in this state;                 (6)     has not had an occupational license or government   certification revoked by the board of another state due to   negligence or intentional misconduct related to the individual's   work in the occupation;                 (7)     did not surrender an occupational license or   government certification in another state due to negligence or   intentional misconduct related to the individual's work in the   occupation;                 (8)     does not have a complaint, allegation, or   investigation pending before a board in another state that relates   to unprofessional conduct or an alleged crime; and                 (9)  pays all applicable fees in this state.           (b)     If another state issued the individual a government   certification without requiring an occupational license but an   occupational license is required in this state, a board shall issue   an occupational license to the individual if the individual   otherwise satisfies Subsection (a).           (c)     A board may not make a final determination on an   individual's application for an occupational license or government   certification if the individual is the subject of a complaint,   allegation, or pending investigation until the complaint,   allegation, or investigation is resolved or the individual   otherwise meets the criteria for an occupational license or   government certification in this state to the satisfaction of the   board.           Sec.   61.003.     RECOGNITION OF WORK EXPERIENCE.   Notwithstanding any other law, a board shall issue an occupational   license or government certification to an individual who applies   for an occupational license or government certification based on   work experience in another state, if the individual:                 (1)     worked in a state that does not require an   occupational license or government certification to engage in a   lawful occupation but an occupational license or government   certification is required in this state to engage in a lawful   occupation with a similar scope of practice, as determined by the   board;                 (2)     worked for at least three years in the lawful   occupation; and                   (3)  satisfies Sections 61.002(a)(5)-(9).           Sec.   61.004.     STATE LAW EXAMINATION.   A board may require an   individual to pass a jurisprudential examination specific to   relevant state laws that regulate the occupation if an occupational   license or government certification in this state requires an   individual to pass a jurisprudential examination as a prerequisite   to receiving an occupational license or government certification.           Sec.   61.005.     DECISION.   Except as provided by Section   61.002(c), a board shall provide a written decision to an   individual regarding the individual's application for an   occupational license or government certification not later than the   30th day after the date of receiving a complete application.           Sec.   61.006.     APPEAL.   (a)   An individual may appeal a   board's decision to the appropriate court.           (b)  An individual may appeal:                 (1)     a denial of an occupational license or government   certification;                 (2)  a determination of the occupation;                 (3)     a determination of the similarity of the scope of   practice of the occupational license or government certification   issued; or                 (4)     any other decision made by a board under this   chapter.           Sec.   61.007.     STATE LAWS AND JURISDICTION.   An individual   who obtains an occupational license or government certification   under this chapter is subject to:                 (1)     the laws regulating the occupation in this state;   and                 (2)     the jurisdiction of the board that regulates the   occupation in this state.           Sec.   61.008.     EXCEPTION.   This chapter does not apply to an   occupation regulated by the supreme court.           Sec.   61.009.     LIMITATIONS.     This chapter may not be   construed to:                 (1)     prohibit an individual from applying for or being   issued an occupational license or government certification under   another state law or rule;                 (2)  prevent this state from:                       (A)     entering into a licensing compact or   reciprocity agreement with another state, foreign province, or   foreign country; or                       (B)     recognizing occupational credentials issued   by a private certification organization, foreign province, foreign   country, international organization, or other entity; or                 (3)     require a private certification organization to   grant or deny private certification to an individual.           Sec.   61.010.     FEE.   A board may charge a fee to an individual   not to exceed $100 for each application to cover the costs of   administering this chapter.           Sec.   61.011.     PREEMPTION.   This chapter preempts the law of a   municipality, county, or other political subdivision in this state   that regulates occupational licenses and government certification.           Sec.   61.012.     EMERGENCY POWERS.   (a)   During a declared state   of disaster, the governor may order the recognition of an   occupational license from another state or foreign country as if   the license is issued in this state without an individual meeting   the requirements of this chapter.           (b)     The governor may expand the scope of practice for an   occupational license and may authorize any license holder to   provide services in this state in person, by telephone, or by other   means for the duration of the disaster.          SECTION 2.  As soon as practicable after the effective date   of this Act, a licensing authority that regulates an occupational   license or government certification in this state shall adopt rules   to implement Chapter 61, Occupations Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.