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) proposes amendment to the existing rule at 22 Texas Administrative Code (TAC), Chapter 365, §365.22 regarding how state agencies process occupational licenses for military service members, veterans, and their spouses. The proposed change is referred to as the "proposed rule."

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The proposed 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 proposed rule amends the existing rule by recognizing that a military service member, military veteran, or military spouse who hold 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 proposed 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 proposed 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 proposed 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 proposed rule is amended to eliminate the presumption of intent to practice in Texas.

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

Section 365.22(h)--The proposed 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 proposed 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 proposed 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.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Lisa G. Hill, Executive Director for the board (Executive Director), has determined that for the first five-year period the amended rule is in effect, there are no foreseeable increases or reductions in costs to the state or local governments as a result of enforcing or administering the rule. The executive director has further determined that for the first five-year period the amended rule are in effect, there will be no foreseeable losses or increases in revenue for the state or local governments as a result of enforcing or administering the rule.

PUBLIC BENEFITS

The Executive Director has determined that for each of the first five years the amended rule are in effect, the public benefit anticipated as a result of enforcing or administering the amended rule will be to have fewer regulatory barriers to licensure and greater opportunity to expand the population of licensed plumbers.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH THE PROPOSAL

The executive director has determined that for the first five years the amended rule is in effect, there is no substantial economic costs anticipated to persons required to comply with the amended rule.

ONE-FOR-ONE REQUIREMENT FOR RULE WITH A FISCAL IMPACT

Given that the amended rule does not have a fiscal note which imposes a cost on regulated persons, including another state agency, a special district, or local government, proposal and adoption of the rule is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

For each of the first five years the amended rule is in effect, the Board has determined the following: (1) the amended rule does not create or eliminate a government program; (2) implementation of the amended rule does not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the amended rule does not require an increase or decrease in future legislative appropriations to the agency; (4) the amended rule does not require an increase or decrease in fees paid to the agency; (5) the amended rule does not create a new regulation; (6) the amended rule does not expand, limit, or repeal an existing regulation; (7) the amended rule does not increase or decrease the number of individuals subject to the rule's applicability; and (8) the amended rule does not positively or adversely affect this state's economy.

LOCAL EMPLOYMENT IMPACT STATEMENT

No local economies are substantially affected by the amended rule. As a result, preparation of a local employment impact statement pursuant to Texas Government Code §2001.022 is not required.

FISCAL IMPACT ON SMALL AND MICRO-BUSINESS, AND RURAL COMMUNITIES

The amended rule will not have an adverse effect on small or micro-businesses, or rural communities because there are no substantial economic costs anticipated to persons required to comply with the amended rule. As a result, preparation of an economic impact statement and a regulatory flexibility analysis, as provided by Texas Government Code §2006.002, are not required.

TAKINGS IMPACT ASSESSMENT

There are no private real property interests affected by the amended rule. As a result, preparation of a takings impact assessment, as provided by Texas Government Code §2007.043, is not required.

REQUEST FOR PUBLIC COMMENT

Written comments regarding the amended rule may be submitted by mail to Patricia Latombe at 7915 Cameron Rd, Austin, Texas 78754, or by email to rule.comment@tsbpe.texas.gov with the subject line "Rule Amendments." All comments must be received within 30 days of publication of this proposal.

STATUTORY AUTHORITY

This proposed rule is made under the authority of §1301.251(2) of the Texas Occupations Code, which authorizes the Texas State Board of Plumbing Examiners to adopt rules as necessary to implement the Chapter, and H.B. 5629 amending Texas Occupations Code §55.004 and §55.0041.

No other statutes or rules are affected by the proposal.

§365.22. Licensing Procedures for Military Service Members, Military Veterans, and Military Spouses.

(a) Military service members, military veterans and military spouses who held a license issued by the Texas State Board of Plumbing Examiners in the five years preceding their application date will be issued the same license type as that which was previously held.

(b) Military service members, military veterans and military spouses who hold a current license issued by another jurisdiction that is similar in scope of practice [has licensing requirements that are substantially equivalent] to the requirement for the license in this state and is in good standing with that state's licensing authority will be issued the same license type as that which is held in the other jurisdiction.

(c) 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 the agency. [The Board will identify which out-of-state licenses held by military service members, military veterans and military spouses have substantially equivalent licensing requirements on a case-by-case basis by comparing the out-of-state jurisdiction's requirements at the time the out-of-state license was issued to the Board's current requirements.]

(d) Military service members, military veterans and military spouses who do not qualify for a license under Subsection (a) or (b) of this section may request that the Executive Director review the military service member's, military veteran's or military spouse's alternative credentials, including training, education and experience for the purposes of granting prerequisites to obtaining a license.

(e) The Board 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. [as soon as practicable. Applicants deemed qualified will be issued a license and information on the requirements to renew the license in 12 months.]

(f) Licensing and examination fees payable to the Board are waived for military service members, military veterans and military spouses as provided by Chapter 55 of the Texas Occupations Code. Late fees incurred while on active duty are waived for military service members.

(g) Military spouses who do not wish to obtain a Texas plumbing license may apply, at no cost, for their out-of-state license to be recognized instead by submitting:

(1) [proof of Texas residency, including, but not limited to, a copy of the permanent change of state order for the military service member to whom the spouse is married;]

[(2)] a copy of the spouse's military identification card; and a copy of the military spouse's marriage license; and

(2) [(3)] a copy of the out-of-state license showing that it is current and in good standing with that licensing authority at the same time of their application.

(h) [(j)] 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. [Military spouses approved to use their out-of-state license to engage in plumbing in Texas pursuant to Section 55.0041 of the Texas Occupations Code must comply with Chapter 1301 of the Texas Occupations Code and all other applicable laws and regulations.]

(i) [(k)] 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 may have their military experience credited toward license eligibility and apprenticeship requirements by submitting evidence of:

(1) verified military service (DD Form 214 or equivalent);

(2) training in plumbing or a related field; and

(3) education in plumbing or a related field.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 29, 2025.

TRD-202503489

Patricia Latombe

General Counsel

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: November 9, 2025

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