TITLE 22. EXAMINING BOARDS

PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

CHAPTER 365. LICENSING AND REGISTRATION

The Texas State Board of Plumbing Examiners (Board) adopts the amendment to 22 Texas Administrative Code (TAC), Chapter 365, §365.22 which implements how state agencies process occupational licenses for military service members, veterans, and their spouses as instructed by H.B. 5629, 89th Legislature, Regular Session (2025).

The rule is adopted without changes to the proposed text published in the October 10th, 2025, issue of the Texas Register (50 TexReg 6637) The rule will not be republished.

REASONED JUSTIFICATION FOR THE RULE

The rule is necessary to implement H.B. 5629, 89th Legislature, Regular Session (2025). H.B. 5629 amended the Texas Occupations Code, specifically §§ 55.004 and 55.0041, to reform how state agencies process occupational licenses for military service members, veterans, and their spouses, with the goal of easing license portability and speeding up application timelines.

The bill requires Texas state agencies to recognize out-of-state licenses held by military service members, veterans, and spouses, provided the license is in good standing and is similar in scope of practice to the corresponding Texas license.

Applicants must provide documentation such as proof of good standing, relocation orders, or marriage licenses, but do not have to prove Texas residency. The agency must process license applications within 10 days.

SECTION-BY-SECTION SUMMARY

Section 365.22(b)--The rule amends the existing rule by recognizing that a military service member, military veteran, or military spouse who holds a current license in good standing, issued in another jurisdiction that is similar in scope of practice may be issued the same license type. The applicant will be notified not later than 10 business days that TSBPE recognizes the out-of-state license, the application is incomplete, or 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 out-of-state license.

A person is in good standing with another state's licensing authority if they hold a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct. A person is in good standing if they have 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. Lastly, a person is in good standing if they are not currently under investigation by the licensing authority for unprofessional conduct related to the person 's license or profession.

Section 365.22(c)--The rule is amended to show that the agency has the sole discretion in determining whether an applicant's out-of-state license is similar in scope to a license issued by TSBPE.

Section 365.22(e)--The rule is amended to show that the agency shall process and issue, if qualified, an application submitted by a military service member, military veteran, or military spouse not later than the 10th business day after it is received.

Section 365.22(g)--The rule is amended to show that military spouses may have their out-of-state licenses recognized by providing a copy of their marriage license and out-of-state license in good standing with their application.

Section 365.22(h)--The rule is amended to eliminate the presumption of intent to practice in Texas.

Section 365.22(i)--The rule is amended to eliminate the three year maximum allowance for practice under an out-of-state license recognition.

Section 365.22(h)--The rule is amended to show that a person whose out-of-state license is recognized must comply with Chapter 1301 of the Texas Occupations Code and all other applicable laws and regulations.

Section 365.22(j)--The rule is amended to show that an applicant under this section must pass a criminal history background check. The agency may deny an application if the applicant has a disqualifying criminal history.

Section 365.22(l)--The rule is amended to eliminate the provision that military service members and military veterans who do not hold a current out-of-state license or who have not held a Texas license in the five (5) years preceding their application must not have a restricted license in another jurisdiction or an unacceptable criminal history to be eligible to sit for an examination for licensure.

SUMMARY OF COMMENT

No comment was received on the published rule amendment.

BOARD ACTION

At its meeting on December 3, 2025, the Board adopted the rule as published in the Texas Register.

STATUTORY AUTHORITY

The rule is adopted under the authority of House Bill 5629, 89th Texas Legislature, Regular Session, 2025 which amended the Texas Occupations Code, specifically §§ 55.004 and 55.0041, to reform how state agencies process occupational licenses for military service members, veterans, and their spouses, with the goal of easing license portability and speeding up application timelines and §1301.251(2) of the Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the Plumbing License Law.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2025.

TRD-202504520

Patricia Latombe

General Counsel

Texas State Board of Plumbing Examiners

Effective date: December 31, 2025

Proposal publication date: October 10, 2025

For further information, please call: (512) 936-5216