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.