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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of an occupational license to certain |
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out-of-state applicants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 61 to read as follows: |
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CHAPTER 61. LICENSING OF CERTAIN OUT-OF-STATE APPLICANTS |
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Sec. 61.001. DEFINITION. In this chapter, "license" means |
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a license, certificate, registration, permit, or other form of |
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authorization required by law or rule that must be obtained by an |
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individual to engage in a particular business or occupation. |
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Sec. 61.002. APPLICABILITY; EXCEPTION. (a) This chapter |
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applies only to the issuance of a license by any of the following |
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licensing authorities: |
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(1) Executive Council of Physical Therapy and |
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Occupational Therapy Examiners; |
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(2) Department of Public Safety of the State of Texas; |
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(3) Department of State Health Services; |
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(4) Health and Human Services Commission; |
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(5) State Board for Educator Certification; |
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(6) State Board of Dental Examiners; |
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(7) State Board of Veterinary Medical Examiners; |
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(8) Supreme Court of Texas; |
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(9) Texas Appraiser Licensing and Certification |
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Board; |
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(10) Texas Behavioral Health Executive Council; |
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(11) Texas Board of Architectural Examiners; |
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(12) Texas Board of Chiropractic Examiners; |
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(13) Texas Board of Nursing; |
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(14) Texas Board of Professional Engineers and Land |
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Surveyors; |
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(15) Texas Department of Insurance; |
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(16) Texas Department of Licensing and Regulation; |
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(17) Texas Medical Board; |
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(18) Texas Optometry Board; |
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(19) Texas State Board of Acupuncture Examiners; |
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(20) Texas State Board of Pharmacy; |
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(21) Texas State Board of Plumbing Examiners; and |
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(22) Texas State Board of Public Accountancy. |
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(b) This chapter does not apply to a license or other |
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authorization required for the establishment or operation of a |
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facility. |
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Sec. 61.003. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE |
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APPLICANTS. (a) Notwithstanding any other law, a licensing |
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authority described by Section 61.002(a) shall issue a license to |
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an applicant who pays any required fees and: |
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(1) holds a current license in good standing in |
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another state with a similar scope of practice, as determined by the |
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licensing authority; |
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(2) has held the license for at least one year; |
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(3) was required to pass an examination or meet other |
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experience, education, or training requirements to obtain the |
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license; |
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(4) does not have a disqualifying criminal history as |
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determined by the licensing authority; |
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(5) has not been subject to the revocation or |
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surrender of the license in any state due to unprofessional conduct |
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or while under investigation for unprofessional conduct in the |
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performance of work under the license; |
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(6) is not currently subject to ongoing discipline by |
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a regulatory agency in connection with the applicant's license, |
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including a probated suspension, limitation on scope of practice, |
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or program of additional monitoring; and |
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(7) is not currently the subject of a complaint or |
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investigation in the other state for an act that constitutes |
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unprofessional conduct or an offense. |
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(b) For purposes of Subsection (a)(1), if the applicant |
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holds a license of similar scope in more than one state, each |
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license must be in good standing in each state. |
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(c) Before a license may be issued under Subsection (a), the |
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licensing authority must request and receive from the other state |
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confirmation that the applicant meets the requirements described by |
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Subsection (a)(3). |
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(d) An applicant for a license under this section may be |
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required to pass a jurisprudence examination specific to the |
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relevant laws of this state applicable to the activities for which |
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the license is sought if a similar examination is required to obtain |
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the license for all other applicants. |
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(e) Each licensing authority described by Section 61.002(a) |
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shall adopt rules to implement this section. |
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SECTION 2. (a) Each licensing authority to which Section |
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61.003, Occupations Code, as added by this Act, applies shall adopt |
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rules required by that section not later than January 1, 2026. |
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(b) Chapter 61, Occupations Code, as added by this Act, |
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applies only to an application for a license submitted to a |
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licensing authority to which that chapter applies on or after |
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January 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |