OCCUPATIONS CODE


TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING


CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES


Sec. 55.001. DEFINITIONS. In this chapter:

(1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.

(2) "Armed forces of the United States" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.

(3) "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business.

(4) "Military service member" means a person who is on active duty.

(5) "Military spouse" means a person who is married to a military service member.

(6) "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.

(7) "State agency" means a department, board, bureau, commission, committee, division, office, council, or agency of the state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 2, eff. May 18, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 2, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 46 (H.B. 139), Sec. 2, eff. September 1, 2021.

Sec. 55.002. EXEMPTION FROM PENALTY FOR FAILURE TO RENEW LICENSE. A state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty imposed by the agency for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the agency that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 3, eff. September 1, 2015.

Sec. 55.003. EXTENSION OF LICENSE RENEWAL DEADLINES FOR MILITARY SERVICE MEMBERS. A military service member who holds a license 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.

Added by Acts 2005, 79th Leg., Ch. 675 (S.B. 143), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 4, eff. September 1, 2015.

Sec. 55.004. ALTERNATIVE LICENSING FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state agency that issues a license shall issue 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 state that is similar in scope of practice to the license in this state and is in good standing with that state's licensing authority; or

(2) within the five years preceding the application date held the license in this state.

(b) The executive director of a state agency may waive any prerequisite to obtaining a license for an applicant described by Subsection (a) after reviewing the applicant's credentials.

(b-1) On receipt by a state agency of an application for a license in accordance with this section, the agency shall promptly issue a provisional license to the applicant while the agency processes the application or issue the license for which the applicant applied. A provisional license issued under this subsection expires on the earlier of:

(1) the date the agency approves or denies the provisional license holder's application for the license; or

(2) the 180th day after the date the provisional license is issued.

(c) In addition to the rules adopted under Subsection (a), a state agency that issues a license may adopt rules that would establish alternate methods for a military service member, military veteran, or military spouse to demonstrate competency to meet the requirements for obtaining the license, including receiving appropriate credit for training, education, and clinical and professional experience.

(d) A state agency that issues a license that has a residency requirement for license eligibility may not adopt rules requiring documentation for an applicant who is a military service member, military veteran, or military spouse to establish residency for purposes of this section.

Added by Acts 2011, 82nd Leg., R.S., Ch. 930 (S.B. 1733), Sec. 2, eff. June 17, 2011.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 4, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 5, eff. September 1, 2015.

Reenacted by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 14.001, eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 46 (H.B. 139), Sec. 3, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 1061 (S.B. 422), Sec. 1, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 857 (S.B. 1818), Sec. 1, eff. September 1, 2025.

Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SERVICE MEMBERS AND MILITARY SPOUSES. (a) Notwithstanding any other law, a military service member or military spouse may engage in a business or occupation for which a license is required without obtaining the applicable license if the member or spouse currently holds a license similar in scope of practice issued by the licensing authority of another state and is in good standing with that licensing authority.

(b) Before engaging in the practice of the business or occupation under Subsection (a), the military service member or military spouse must submit an application to the applicable state agency in the form the agency prescribes that includes:

(1) a copy of the member's military orders showing relocation to this state;

(2) if the applicant is a military spouse, a copy of the military spouse's marriage license; and

(3) a notarized affidavit affirming under penalty of perjury that:

(A) the applicant is the person described and identified in the application;

(B) all statements in the application are true, correct, and complete;

(C) the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practice; and

(D) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.

Text of subsection as added by Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 2


(b-1) Not later than the 10th business day after the date the agency receives an application under Subsection (b), the agency shall notify the applicant that:

(1) the agency recognizes the applicant's out-of-state license;

(2) the application is incomplete; or

(3) the agency is unable to recognize the applicant's out-of-state license because the agency does not issue a license similar in scope of practice to the applicant's license.

Text of subsection as added by Acts 2025, 89th Leg., R.S., Ch. 857 (S.B. 1818), Sec. 2


(b-1) On receipt by a state agency of the notice and information required by Subsections (b)(1) and (2), the agency shall promptly issue the confirmation under Subsection (b)(3) or issue a provisional license to the military service member or military spouse pending the issuance of a confirmation under Subsection (b)(3). A provisional license issued under this subsection expires on the earlier of:

(1) the date the agency issues or denies confirmation under Subsection (b)(3); or

(2) the 180th day after the date the provisional license is issued.

(c) The military service member or military spouse shall comply with all other laws and regulations applicable to the business or occupation in this state.

(d) A military service member or military spouse may engage in the business or occupation under the authority of this section only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.

(d-1) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the application required by Subsection (b).

(e) A state agency that issues a license shall adopt rules to implement this section. The rules must establish a process for the agency to identify, with respect to each type of license issued by the agency, the states that issue licenses similar in scope of practice to those issued by the agency.

(f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 6, eff. September 1, 2025.

Added by Acts 2019, 86th Leg., R.S., Ch. 622 (S.B. 1200), Sec. 1, eff. September 1, 2019.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 46 (H.B. 139), Sec. 4, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 1061 (S.B. 422), Sec. 2, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 2, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 6, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 857 (S.B. 1818), Sec. 2, eff. September 1, 2025.

Sec. 55.0042. DETERMINATION OF GOOD STANDING. For purposes of this chapter, a person is in good standing with another state's licensing authority if the person:

(1) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;

(2) has not been disciplined by the licensing authority with respect to the license or person's practice of the occupation for which the license is issued; and

(3) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.

Added by Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 3, eff. September 1, 2025.

Sec. 55.0043. COMPLAINTS. (a) A state agency that issues a license or recognizes an out-of-state license under this chapter shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom the agency issues a license or who holds an out-of-state license the agency recognizes.

(b) A state agency shall publish at least quarterly on the agency's Internet website the information maintained under Subsection (a), including a general description of the disposition of each complaint.

Added by Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 3, eff. September 1, 2025.

Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state agency that issues a license shall, not later than the 10th business day after the date a military service member, military veteran, or military spouse files an application for a license:

(1) process the application; and

(2) issue the license to an applicant who qualifies for the license under Section 55.004.

(b) A license issued under this section may not be a provisional license and must confer the same rights, privileges, and responsibilities as a license not issued under this section.

Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 6, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 7, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 1061 (S.B. 422), Sec. 3, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 4, eff. September 1, 2025.

Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE. (a) As soon as practicable after a state agency issues a license under Section 55.005, the state agency shall determine the requirements for the license holder to renew the license.

(b) The state agency shall notify the license holder of the requirements for renewing the license in writing or by electronic means.

(c) A license issued under Section 55.005 has the term established by law or state agency rule, or a term of 12 months from the date the license is issued, whichever term is longer.

Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 9, eff. September 1, 2015.

Sec. 55.007. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other law, a state agency that issues a license shall, with respect to an applicant who is a military service member or military veteran, credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the state agency.

(b) The state agency shall adopt rules necessary to implement this section.

(c) Rules adopted under this section may not apply to an applicant who:

(1) holds a restricted license issued by another jurisdiction; or

(2) has an unacceptable criminal history according to the law applicable to the state agency.

Added by Acts 2013, 83rd Leg., R.S., Ch. 66 (S.B. 162), Sec. 3, eff. May 18, 2013.

Sec. 55.008. APPRENTICESHIP REQUIREMENTS FOR APPLICANT WITH MILITARY EXPERIENCE. (a) Notwithstanding any other law, if an apprenticeship is required for a license issued by a state agency, the state agency shall credit verified military service, training, or education that is relevant to the occupation toward the apprenticeship requirements for the license.

(b) The state agency shall adopt rules necessary to implement this section.

Added by Acts 2013, 83rd Leg., R.S., Ch. 348 (H.B. 2254), Sec. 2, eff. June 14, 2013.

Redesignated and amended from Occupations Code, Section 55.005 by Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 8, eff. September 1, 2015.

Redesignated from Occupations Code, Section 55.005 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(43), eff. September 1, 2015.

Sec. 55.009. LICENSE APPLICATION AND EXAMINATION FEES. Notwithstanding any other law, a state agency that issues a license shall waive the license application and examination fees paid to the state for an applicant who is a military service member, military veteran, or military spouse.

Added by Acts 2015, 84th Leg., R.S., Ch. 328 (S.B. 807), Sec. 1, eff. September 1, 2015.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 686 (H.B. 5629), Sec. 5, eff. September 1, 2025.

Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. A state agency that issues a license shall prominently post a notice on the home page of the agency's Internet website describing the provisions of this chapter that are available to military service members, military veterans, and military spouses.

Added by Acts 2015, 84th Leg., R.S., Ch. 1193 (S.B. 1307), Sec. 10, eff. September 1, 2015.

Redesignated from Occupations Code, Section 55.009 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(30), eff. September 1, 2017.