(a) This subchapter establishes licensing procedures for military service members, military veterans, and military spouses, in accordance with Occupations Code, Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. A military spouse does not need to obtain a license under this chapter if the spouse meets the requirements of §1.81 of this title (relating to Recognition of Out-of-State License of Military Spouse) and receives a verification letter from DSHS. A military spouse that receives a verification letter must comply with all applicable requirements of this chapter and is subject to the revocation provisions of §1.81(h) of this title.

(b) An applicant under this section must provide documentation of the applicant's status as a military service member, military veteran, or military spouse, as those terms are defined in Occupations Code §55.001. Acceptable documentation includes a copy of official documents, such as an applicable military service order, marriage license, or military discharge record. The applicant who fails to provide appropriate documentation under this subchapter is not eligible to be processed under this subchapter and is subject to routine licensing requirements under Subchapter D of this chapter (relating to License and Registration).

(c) Upon request, an applicant must provide acceptable proof of current license issued by another jurisdiction and proof that the licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of Texas.

(d) A verified military service member or military veteran must receive credit towards licensing or apprenticeship requirements, except for an examination requirement, for verified military service, training, or education that is relevant to the license, unless the service member or veteran holds a restricted license issued by another jurisdiction.

(e) An applicant who is a military service member, military veteran, or military spouse, and who holds a current license issued by another jurisdiction that has substantially equivalent licensing requirements to the Texas license for which the applicant is applying must complete and submit an application form and fee.

(f) In accordance with Occupations Code, §55.004(c), DSHS may waive any prerequisite to obtaining a license after reviewing the credentials of an applicant who is eligible to apply under subsection (e) or (g) of this section. A DSHS license is issued as soon as practicable to any qualified applicant who applies under subsection (e) or (g) of this section. Renewal of the license is subject to the requirements of subsection (h) of this section.

(g) A military service member, military veteran, or military spouse who, within the five years preceding the application date, held a Texas license that expired while the applicant lived in another state for at least six months, is qualified for the same license based on the previously held license if there are no unresolved complaints against the applicant and there is no other bar to licensure, such as noncompliance with a DSHS order. The applicant must prove current accreditation.

(h) If DSHS issues an initial license to an applicant who is a military service member, military veteran, or military spouse who applies under subsection (e) of this section, the applicant is also notified in writing or by electronic means whether the applicant has met all the licensing requirements of Texas by virtue of the current license issued by another jurisdiction, including any licensing requirements still required to be completed in order to renew the license. If the applicant has not met all licensing requirements of Texas for the applicable license type, the applicant must provide proof of completion before applying for license renewal. The license is not eligible for renewal unless the applicant provides proof of completion of all Texas licensing requirements for the applicable license.

(i) The term of a license issued under this subchapter is two years. The license expires on the second anniversary of the issue date. The term of a renewal license issued under this subchapter is two years after the previous expiration date.

(j) Examination and license application fees otherwise required to be paid to DSHS are waived for:

(1) a military service member or military veteran applicant whose military service, training, or education substantially meets all applicable requirements for the license under this chapter; or

(2) a military service member, military veteran, or military spouse applicant who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license under this subchapter.

(k) An individual who holds a license under this chapter is exempt from any increased fee or other penalty imposed for failing to renew the license in a timely manner if the individual establishes to DSHS's satisfaction that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

(l) A military service member who holds a license under this chapter is entitled to two years of additional time beyond the expiration date of the license to complete:

(1) any continuing education requirements; and

(2) any other requirement related to the renewal of the military service member's license.

Source Note: The provisions of this §296.131 adopted to be effective July 8, 2021, 46 TexReg 3880