By: Smith (Senate Sponsor - Eltife) H.B. No. 3742
         (In the Senate - Received from the House April 27, 2015;
  May 4, 2015, read first time and referred to Committee on Business
  and Commerce; May 15, 2015, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 15, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of the Texas Department of Licensing and
  Regulation to determine applicant eligibility for a license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 51, Occupations Code, is
  amended by adding Section 51.4041 to read as follows:
         Sec. 51.4041.  ALTERNATIVE QUALIFICATIONS FOR LICENSE. (a)
  The commission, department, or executive director may adopt
  alternative means of determining or verifying a person's
  eligibility for a license issued by the department, including
  evaluating the person's education, training, experience, and
  military service.
         (b)  Notwithstanding any other law, the commission or the
  executive director may waive any prerequisite for obtaining a
  license if the applicant currently holds a similar license issued
  by another jurisdiction that:
               (1)  has requirements for the license that are
  substantially equivalent to those of this state; or
               (2)  has a reciprocity agreement with this state for
  the license.
         (c)  The department, with approval of the governor, may enter
  into an agreement with another state to allow for licensing by
  reciprocity.
         SECTION 2.  Section 469.004, Government Code, is amended to
  read as follows:
         Sec. 469.004.  APPLICABILITY OF OTHER LAW. Section 51.4041 
  [51.404], Occupations Code, does not apply to this chapter.
         SECTION 3.  Section 754.025, Health and Safety Code, is
  amended to read as follows:
         Sec. 754.025.  APPLICATION OF CERTAIN LAW.  Sections 51.401
  and 51.4041 [51.404], Occupations Code, do not apply to this
  chapter, except those sections do apply to Sections 754.017 and
  754.0171.
         SECTION 4.  Section 55.004(c), Occupations Code, is amended
  to read as follows:
         (c)  The executive director of a state agency may issue a
  license by endorsement in the same manner as the Texas Commission of
  Licensing and Regulation under Section 51.4041(b) [51.404] to an
  applicant described by Subsection (a).
         SECTION 5.  Section 1202.106, Occupations Code, is amended
  to read as follows:
         Sec. 1202.106.  APPLICABILITY OF OTHER LAW. Sections 51.401
  and 51.4041 [51.404] do not apply to this chapter.
         SECTION 6.  Section 51.404, Occupations Code, is repealed.
         SECTION 7.  Section 51.4041, Occupations Code, as added by
  this Act, applies only to an application for a license submitted to
  the Texas Department of Licensing and Regulation on or after the
  effective date of this Act. An application for a license 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 8.  This Act takes effect September 1, 2015.
 
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