Bill Text: TX HB3353 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the recognition of occupational licenses and government certifications issued in other states; imposing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-15 - Referred to State Affairs [HB3353 Detail]

Download: Texas-2023-HB3353-Introduced.html

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By: Harrison H.B. No. 3353

A BILL TO BE ENTITLED
AN ACT
relating to the recognition of occupational licenses and government
certifications issued in other states; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. RECOGNITION OF OCCUPATIONAL LICENSES AND GOVERNMENT
CERTIFICATIONS
Sec. 60.001. 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. 60.002. 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. 60.003. 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 Section 60.002(a).
Sec. 60.004. 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. 60.005. DECISION. Except as provided by Section
60.002(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. 60.006. 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. 60.007. 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. 60.008. EXCEPTION. This chapter does not apply to an
occupation regulated by the supreme court.
Sec. 60.009. 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. 60.010. FEE. The board may charge a fee to an
individual not to exceed $100 for each application to cover the
costs of administering this chapter.
Sec. 60.011. 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. 60.012. 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 60, Occupations Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.