S.B. No. 422

AN ACT

relating to the authority of certain military service members to engage in a business or occupation in this state.

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

SECTION 1. Section 55.004(d), Occupations Code, is amended to read as follows:

(d) A state agency that issues a license that has a residency requirement for license eligibility shall adopt rules regarding documentation necessary for an applicant who is a military service member or military spouse [applicant] to establish residency for purposes of this subsection, including by providing to the agency a copy of the permanent change of station order for the applicant or the applicant's spouse [military service member to whom the spouse is married].

SECTION 2. Section 55.0041, Occupations Code, is amended to read as follows:

Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SERVICE MEMBERS AND MILITARY SPOUSES [SPOUSE]. (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 licensed in good standing by another jurisdiction that has licensing 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, the military service member or military spouse must:

(1) notify the applicable state agency of the member's or spouse's intent to practice in this state;

(2) 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) receive from the agency confirmation that:

(A) the agency has verified the member's or spouse's license in the other jurisdiction; and

(B) the member or spouse is authorized to engage in the business or occupation in accordance with this section.

(c) The military service member or military spouse shall comply with all other laws and regulations applicable to the business or occupation in this state.

(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 [military] 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) Notwithstanding Subsection (d), 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 confirmation described by Subsection (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 jurisdictions that 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 [a military] spouse is licensed in good standing in a jurisdiction described by Subdivision (1).

(f) In addition to the rules adopted under Subsection (e), a state agency that issues a license may adopt rules to provide for the issuance of a license to a military service member or military spouse to whom the agency provides confirmation under Subsection (b)(3). A license issued under this subsection must expire not later than the third anniversary of the date the agency provided the confirmation and may not be renewed. A state agency may not charge a fee for the issuance of the license.

SECTION 3. 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 30th day [as soon as practicable] 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 4. Section 55.005(a), Occupations Code, as amended by this Act, applies only to an application for a license submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

SECTION 5. Not later than December 1, 2023, a state agency to which Section 55.0041, Occupations Code, as amended by this Act, applies shall adopt rules to implement that section.

SECTION 6. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 422 passed the Senate on April 13, 2023, by the following vote: Yeas 30, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 422 passed the House on May 24, 2023, by the following vote: Yeas 135, Nays 3, one present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor