HB5629 - Relating to the occupational licensing of military service members, military veterans, and military spouses.

      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 understands the scope of   practice for the applicable license in this state and will not   perform outside of that scope of practice; and                       (D)     the applicant is in good standing in each   state in which the applicant holds or has held an applicable license   [ the member or spouse is authorized to engage in the business or   occupation in accordance with this section ].           (b-1)     Not later than the 10th business day after the date   the agency receives an application under Subsection (b), the agency   shall notify the applicant that:                 (1)     the agency recognizes the applicant's out-of-state   license;                 (2)  the application is incomplete; or                 (3)     the agency is unable to recognize the applicant's   out-of-state license because the agency does not issue a license   similar in scope of practice to the applicant's license.          (d)  A military service member or military spouse may engage   in the business or occupation under the authority of this section   only for the period during which the military service member or,   with respect to a military spouse, the military service member to   whom the spouse is married is stationed at a military installation   in this state [ but not to exceed three years from the date the   member or spouse receives the confirmation described by Subsection   (b)(3) ].          (d-1)   In [ Notwithstanding Subsection (d), in ] the event of a   divorce or similar event that affects a person's status as a   military spouse, the former 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 submitted the   application required [ received the confirmation described ] by   Subsection (b) [ (b)(3) ].          (e)  A state agency that issues a license shall adopt rules   to implement this section. The rules must establish a process for   the agency to[ :                [ (1) ]  identify, with respect to each type of license   issued by the agency, the states [ jurisdictions ] that issue   licenses similar in scope of practice to those issued by the agency   [ have licensing requirements that are substantially equivalent to   the requirements for the license in this state; and                [ (2)     not later than the 30th day after the date a   military service member or military spouse submits the information   described by Subsections (b)(1) and (2), verify that the member or   spouse is licensed in good standing in a jurisdiction described by   Subdivision (1) ].          SECTION 3.  Chapter 55, Occupations Code, is amended by   adding Sections 55.0042 and 55.0043 to read as follows:           Sec.   55.0042.     DETERMINATION OF GOOD STANDING. For purposes   of this chapter, a person is in good standing with another state's   licensing authority if the person:                 (1)     holds a license that is current, has not been   suspended or revoked, and has not been voluntarily surrendered   during an investigation for unprofessional conduct;                 (2)     has not been disciplined by the licensing   authority with respect to the license or person's practice of the   occupation for which the license is issued; and                 (3)     is not currently under investigation by the   licensing authority for unprofessional conduct related to the   person's license or profession.           Sec.   55.0043.     COMPLAINTS. (a) A state agency that issues a   license or recognizes an out-of-state license under this chapter   shall maintain a record of each complaint made against a military   service member, military veteran, or military spouse to whom the   agency issues a license or who holds an out-of-state license the   agency recognizes.           (b)     A state agency shall publish at least quarterly on the   agency's Internet website the information maintained under   Subsection (a), including a general description of the disposition   of each complaint.          SECTION 4.  Section 55.005(a), Occupations Code, is amended   to read as follows:          (a)  A state agency that issues a license shall, not later   than the 10th business [ 30th ] day after the date a military service   member, military veteran, or military spouse files an application   for a license:                (1)  process the application; and                (2)  issue the license to an applicant who qualifies   for the license under Section 55.004.          SECTION 5.  Section 55.009, Occupations Code, is amended to   read as follows:          Sec. 55.009.  LICENSE APPLICATION AND EXAMINATION FEES.   Notwithstanding any other law, a state agency that issues a license   shall waive the license application and examination fees paid to   the state for an applicant who is[ :                [ (1)     a military service member or military veteran   whose military service, training, or education substantially meets   all of the requirements for the license; 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 in   this state ].          SECTION 6.  Section 55.0041(f), Occupations Code, is   repealed.          SECTION 7.  As soon as practicable after the effective date   of this Act, a state agency, as defined by Section 55.001,   Occupations Code, shall adopt, modify, or repeal the rules   necessary to implement the changes in law made by this Act.          SECTION 8.  The changes in law made by this Act apply only to   an application for a license filed with a state agency, as defined   by Section 55.001, Occupations Code, on or after the effective date   of this Act. An application for a license filed before the   effective date of this Act is governed by the law in effect   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 5629 was passed by the House on May   16, 2025, by the following vote:  Yeas 129, Nays 2, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 5629 was passed by the Senate on May   27, 2025, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor