By: Miller H.B. No. 3701
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to occupational licensing of certain military service
  members, military veterans, and military spouses by state agencies
  and political subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 55.001, Occupations Code, is amended by
  amending Subdivisions (3) and (5) and adding Subdivisions (6-a) and
  (6-b) to read as follows:
               (3)  "License" means a license, certificate,
  registration, permit, or other form of authorization required by
  law or a state agency or political subdivision rule that must be
  obtained by an individual to engage in a particular business.
               (5)  "Military spouse" means a person who is married to
  a military service member or military veteran.
               (6-a)  "Political subdivision" means a county,
  municipality, special district, or other political subdivision of
  this state.
               (6-b)  "Rule" includes an ordinance, order, or
  regulation adopted by a political subdivision.
         SECTION 2.  Section 55.002, Occupations Code, is amended to
  read as follows:
         Sec. 55.002.  EXEMPTION FROM PENALTY FOR FAILURE TO RENEW
  LICENSE. A state agency or a political subdivision that issues a
  license shall adopt rules to exempt an individual who holds a
  license issued by the agency or political subdivision from any
  increased fee or other penalty imposed by the agency or political
  subdivision for failing to renew the license in a timely manner if
  the individual establishes to the satisfaction of the agency or
  political subdivision
  that the individual failed to renew the
  license in a timely manner because the individual was serving as a
  military service member.
         SECTION 3.  Section 55.003, Occupations Code, is amended to
  read as follows:
         Sec. 55.003.  EXTENSION OF LICENSE RENEWAL DEADLINES FOR
  MILITARY SERVICE MEMBERS. A military service member who holds a
  license issued by a state agency or political subdivision is
  entitled to two years of additional time to complete:
               (1)  any continuing education requirements; and
               (2)  any other requirement related to the renewal of
  the military service member's license.
         SECTION 4.  Section 55.004, Occupations Code, is amended to
  read as follows:
         Sec. 55.004.  ALTERNATIVE LICENSING FOR MILITARY SERVICE
  MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state
  agency or political subdivision that issues a license shall 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
  jurisdiction that has licensing requirements that are
  substantially equivalent to the requirements for the license in
  this state or the political subdivision, as applicable; [or]
               (2)  within the five years preceding the application
  date held the license in this state or the political subdivision, as
  applicable; or[.]
               (3)  holds a current license issued by another
  jurisdiction in the same occupation and at the same practice level.
         (b)  The executive director of a state agency or the person
  overseeing licensing of an occupation by a political subdivision
  may waive any prerequisite to obtaining a license for an applicant
  described by Subsection (a) after reviewing the applicant's
  credentials.
         (c)  In addition to the rules adopted under Subsection (a), a
  state agency or political subdivision that issues a license [may]
  must adopt rules [that would] to establish alternate methods for a
  military service member, military veteran, or military spouse to
  demonstrate competency to meet the requirements for obtaining the
  license.
         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 or political
  subdivision that issues a license shall waive the license
  application and examination fees paid to the state or political
  subdivision 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 or the political subdivision, as applicable; or[.]
               (3)  a military service member, military veteran, or
  military spouse who holds a current license issued by another
  jurisdiction in the same occupation and at the same practice level.
         SECTION 6.  The changes in law made by this Act apply only to
  an initial application for or an application for renewal of an
  occupational license filed 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 that
  date, and that law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2019.