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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain military service members to |
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engage in a business or occupation in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.004(d), Occupations Code, is amended |
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to read as follows: |
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(d) A state agency that issues a license that has a |
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residency requirement for license eligibility shall adopt rules |
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regarding documentation necessary for an applicant who is a |
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military service member or military spouse [applicant] to establish |
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residency for purposes of this subsection, including by providing |
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to the agency a copy of the permanent change of station order for |
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the applicant or the applicant's spouse [military service member to |
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whom the spouse is married]. |
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SECTION 2. Section 55.0041, Occupations Code, is amended to |
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read as follows: |
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Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF |
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MILITARY SERVICE MEMBERS AND MILITARY SPOUSES [SPOUSE]. (a) |
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Notwithstanding any other law, a military service member or |
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military spouse may engage in a business or occupation for which a |
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license is required without obtaining the applicable license if the |
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member or spouse is currently licensed in good standing by another |
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jurisdiction that has licensing requirements that are |
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substantially equivalent to the requirements for the license in |
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this state. |
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(b) Before engaging in the practice of the business or |
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occupation, the military service member or military spouse must: |
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(1) notify the applicable state agency of the member's |
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or spouse's intent to practice in this state; |
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(2) submit to the agency proof of the member's or |
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spouse's residency in this state in accordance with rules adopted |
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under Section 55.004(d) and a copy of the member's or spouse's |
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military identification card; and |
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(3) receive from the agency confirmation that: |
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(A) the agency has verified the member's or |
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spouse's license in the other jurisdiction; and |
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(B) the member or spouse is authorized to engage |
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in the business or occupation in accordance with this section. |
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(c) The military service member or military spouse shall |
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comply with all other laws and regulations applicable to the |
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business or occupation in this state. |
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(d) A military service member or military spouse may engage |
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in the business or occupation under the authority of this section |
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only for the period during which the military service member or, |
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with respect to a military spouse, the military service member to |
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whom the [military] spouse is married is stationed at a military |
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installation in this state but not to exceed three years from the |
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date the member or spouse receives the confirmation described by |
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Subsection (b)(3). |
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(d-1) Notwithstanding Subsection (d), in the event of a |
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divorce or similar event that affects a person's status as a |
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military spouse, the spouse may continue to engage in the business |
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or occupation under the authority of this section until the third |
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anniversary of the date the spouse received the confirmation |
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described by Subsection (b)(3). |
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(e) A state agency that issues a license shall adopt rules |
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to implement this section. The rules must establish a process for |
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the agency to: |
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(1) identify, with respect to each type of license |
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issued by the agency, the jurisdictions that have licensing |
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requirements that are substantially equivalent to the requirements |
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for the license in this state; and |
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(2) not later than the 30th day after the date a |
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military service member or military spouse submits the information |
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described by Subsections (b)(1) and (2), verify that the member or |
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[a military] spouse is licensed in good standing in a jurisdiction |
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described by Subdivision (1). |
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(f) In addition to the rules adopted under Subsection (e), a |
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state agency that issues a license may adopt rules to provide for |
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the issuance of a license to a military service member or military |
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spouse to whom the agency provides confirmation under Subsection |
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(b)(3). A license issued under this subsection must expire not |
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later than the third anniversary of the date the agency provided the |
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confirmation and may not be renewed. A state agency may not charge |
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a fee for the issuance of the license. |
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SECTION 3. Section 55.005(a), Occupations Code, is amended |
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to read as follows: |
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(a) A state agency that issues a license shall, not later |
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than the 30th day [as soon as practicable] after the date a military |
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service member, military veteran, or military spouse files an |
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application for a license: |
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(1) process the application; and |
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(2) issue the license to an applicant who qualifies |
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for the license under Section 55.004. |
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SECTION 4. Section 55.005(a), Occupations Code, as amended |
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by this Act, applies only to an application for a license submitted |
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on or after the effective date of this Act. An application submitted |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 5. Not later than December 1, 2023, a state agency |
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to which Section 55.0041, Occupations Code, as amended by this Act, |
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applies shall adopt rules to implement that section. |
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SECTION 6. This Act takes effect September 1, 2023. |
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