Bill Text: TX HB3701 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to occupational licensing of certain military service members, military veterans, and military spouses by state agencies and political subdivisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-19 - Referred to Licensing & Administrative Procedures [HB3701 Detail]

Download: Texas-2019-HB3701-Introduced.html

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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.