TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter K, §§60.501, 60.502, 60.504, 60.510, 60.514, and 60.516; proposes the repeal of existing rules at Subchapter K, §§60.503, 60.512, 60.518, and 60.519; and proposes new rules at Subchapter K, §§60.512, 60.517, 60.518, and 60.520, regarding the Procedural Rules of the Commission and the Department. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 60, Subchapter K, implement Texas Occupations Code, Chapter 51, General Provisions Related to Licensing; Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses; and the license portability provisions of the federal Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.
The proposed rules are necessary to implement House Bill (HB) 5629 and Senate Bill (SB) 1818 (89th Legislature, Regular Session (2025)), which amend state law regarding occupational licensing and recognition of out-of-state occupational licenses for military service members, military veterans, and military spouses. The proposed rules primarily: (1) align the Department's procedures with the standards and requirements set out in HB 5629 for the issuance of occupational licenses and recognition of out-of-state occupational licenses; (2) pursuant to SB 1818, authorize the issuance of provisional licenses to applicants for licensure or license recognition; and (3) reorganize, clarify, and correct existing rule language to be more reader-friendly.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §60.501, Military Definitions, to remove redundant or unnecessary language to clarify definitions. Most notably, the changes to this section simplify the definition of "active duty."
The proposed rules amend §60.502, Determining the Amount of Military Experience, Service, Training, or Education, to remove an errant comma.
The proposed rules amend §60.504, Extension of Certain Deadlines, to comply with current state law. The changes make it clear that all military service members- not only those who have been discharged- are allowed two additional years to complete continuing education or other requirements.
The proposed rules amend §60.510, License Requirements for Applicants with Military Experience, Service, Training, or Education by: (1) clarifying application requirements for prospective applicants; (2) removing rule language repealed by HB 5629 and subsequently moved to new §60.520; and (3) rewording certain provisions to be more reader-friendly.
The proposed rules add new §60.512, Expedited Alternative Licensing Requirements--Similar Scope of Practice, which, consistent with HB 5629, allows military service members, military veterans, and military spouses to obtain a Texas occupational license if they currently possess a license, issued by another state, that has a similar scope of practice to a license issued by the Department. These changes remove the standard of "substantial equivalence" enshrined in the current rules. The proposed changes to this section also clarify the process by which out-of-state licensed military affiliated applicants will apply for a Texas license pursuant to this standard and clarify the department's authority to deny licensure to applicants with a disqualifying criminal history. The proposed rules repeal the previous version of this section.
The proposed rules amend §60.514, Expedited Alternative Licensing Requirements--Previously Held Texas License, by: (1) rewording and reorganizing the section to make it more reader-friendly; (2) restate the documentation requirements for an application; (3) add a requirement for a military spouse applicant to provide documentation of the spouse's active duty status; (4) clarify the department's authority to deny licensure to applicants with a disqualifying criminal history; and (5) repeal subsection (f) (fees), which is no longer supported by law.
The proposed rules amend §60.516, Expedited Alternative Licensing Requirements--Demonstration of Competency by Alternative Methods, by: (1) rewording and reorganizing the section to make it more reader-friendly; (2) restate the documentation requirements for an application; (3) add a requirement for a military spouse applicant to provide documentation of the spouse's active duty status; (4) clarify the department's authority to deny licensure to applicants with a disqualifying criminal history; (5) repeal subsection (f) (fees), which is no longer supported by law; and (6) repeal the unnecessary subsection (i).
The proposed rules add new §60.517, Provisional Licenses. This section implements SB 1818 and authorizes the department to issue a provisional (temporary) license to an applicant in the event that the Department cannot promptly issue the applicant a license or recognize their out-of-state license.
The proposed rules add new §60.518, Recognition of Out-of-State License of Military Service Members and Military Spouses, which describes the out-of-state license recognition process related to a regulated business or occupation for eligible military service members and their spouses. The proposed rule: (1) pursuant to HB 5629, states the criteria for the Department to recognize an out-of-state occupational license held by a military service member or military spouse; (2) describes the specific prerequisites and procedure by which the department will grant recognition of out-of-state occupational licenses; (3) requires applicants to pass a criminal background check; (4) states the Department's authority to deny recognition to an applicant with a disqualifying criminal history; and (5) states that the Department's must notify an applicant of the disposition of their application within 10 business days. The proposed rules repeal the previous version of this section.
The proposed rules add new rule §60.520, Fees, which was derived, in part, from previously repealed §60.503, Exemption from Late Renewal Fees. This new rule: (1) waives the initial application and examination fees owed by a military affiliated applicant except those examination fees owed to a third-party vendor; and (2) exempts a military affiliated applicant from payment of late renewal fees during active-duty periods.
The proposed rules repeal §60.503, Exemption from Late Renewal Fees.
The proposed rules repeal §60.512, Expedited Alternative Licensing Requirements--Substantially Equivalent License.
The proposed rules repeal §60.518, Recognition of Out-of-State License of Military Service Members and Military Spouses.
The proposed rules repeal §60.519, License Eligibility--Establishing License Residency Requirement for Out-of-State Military Service Members and Military Spouses.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to local government, and no estimated increase in revenue to state government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there will be an estimated loss of revenue to the State as the proposed rules waive initial application fees for all military applicants when previously some of the applicants were assessed initial application fees. Approximately 17 applicants per year were subject to these fees. These fees that were previously paid will no longer be collected, resulting in a loss of revenue to the State. However, it is unknown which licenses will be applied for in the next five years and which corresponding license application fee amounts would be assessed, and therefore, the amount of lost revenue in any particular year cannot be estimated. Since the approximate number of applicants who currently pay these fees is not large, the amount of lost revenue is not expected to be significant.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit an increase in the number of military affiliated applicants being licensed or recognized in this state. Moreover, such applicants will become licensed or recognized quicker as the proposed rules allow for immediate issuance of a provisional license which will put these persons to work faster rather than having to wait for the application process to continue to its conclusion.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there will be a minimal cost for persons who are required to comply with the proposed rules. The proposed rules require military applicants who are applying for recognition of an out-of-state license to provide a notarized statement affirming certain facts about the applicant. Obtaining this notarization as required by statute will likely entail a cost for these applicants. The cost of notarization is usually minimal, about $10, should the military applicant be charged a fee by the notary. There would be no additional economic costs for anyone in the first five years the rule would be in effect. As an offset to the possible cost, military affiliated applicants who meet the requirements for licensure or department recognition would obtain the license or work authorization letter at no cost from the Department, and these licenses or authorizations would impose no cost on any other persons. This offset makes a determination of the actual cost unclear.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules require an increase or decrease in fees paid to the agency.
The proposed rules require a decrease in fees paid to the agency by waiving initial license application fees for all military service members, spouses, and veterans rather than certain military applicants.
5. The proposed rules create a new regulation.
The proposed rules create a new regulation by requiring the Department to either promptly issue a military applicant a provisional license or promptly issue a regular license or department recognition of an out-of-state license upon receipt of an application for a license or department recognition.
6. The proposed rules expand, limit, or repeal an existing regulation.
The proposed rules expand an existing regulation by requiring a notarized statement, requiring a military spouse to provide a copy of a marriage license, and requiring the Department to promptly issue a provisional or regular license, or department recognition. The proposed rules repeal existing regulations by removing requirements for the establishment of residency. Moreover, the proposed rules change the requirement for license issuance or department recognition of out-of-state licenses from substantially equivalent license requirements to similar scope of practice as a license issued by the Department.
7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability.
The proposed rules increase the number of individuals subject to the rule's applicability by changing the requirement for license issuance or department recognition of out-of-state licenses from substantially equivalent license requirements to similar scope of practice as a license issued by the Department.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/Ch60_Rule_Making; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER
K.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 55, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and the Federal Servicemembers Civil Relief Act at 50 U.S.C. §4025a, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 466 (State Lottery); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Charitable Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 1818 and House Bill 5629, 89th Legislature, Regular Session (2025).
§60.501.
The following words and terms, when used in this subchapter, have the following meanings.
(1)
Active duty--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 §437.001, Government Code, or similar military service of another state. [The term does not include service performed exclusively for training, such as basic combat training, advanced individual training, annual training, inactive duty training, and special training periodically made available to service members. The term includes any period during which a person is absent from duty on account of sickness, wounds, leave, or other lawful cause.]
(2) - (4) (No change.)
(5)
Military spouse [(spouse)]--A person who is married to a military service member.
(6) - (8) (No change.)
§60.502.
(a)
The amount of military experience, service, training or education, which an applicant submits for purposes of meeting the licensing requirements of a specific license[,] will be determined in accordance with §60.35.
(b) (No change.)
§60.504.
Pursuant to Texas Occupations Code, §55.003, a service member whose license expired while on active duty is entitled to two years of additional time [from the date of discharge] to complete:
(1) - (2) (No change.)
§60.510.
(a)
This section implements Texas Occupations Code §§51.4013, 55.007, 55.008, [55.009,] and 1305.1645(a).
(b) - (d) (No change.)
(e) An applicant who seeks to receive credit for verified military experience, service, training, or education must submit the following documentation:
(1)
a [completed] license application and any supporting documents associated with the specific department license; and
(2)
a supplemental application [completed Military Service Member, Military Veteran, or Military Spouse Supplemental Application] and supporting documents including;
(A)
if the applicant is a service member, a
copy of the
applicant's
military orders or
other
documents
verifying the applicant's active duty status [showing proof of active duty status (for service members)];
(B)
if the applicant is a veteran, [copy of the military orders or] documents
verifying the applicant's veteran status; and [showing proof of veteran status (for veterans); and]
(C)
documentation [copy of the military orders or documents] showing the type and amount of related military experience, service, training, or education applicable to a specific license.
(f)
The amount of military experience, service, training, or education, which an applicant submits for purposes of meeting the licensing requirements of a specific license[,] will be determined in accordance with §60.502.
(g)
An [The] applicant under this section must [still take and] pass any applicable examination required for obtaining
the [a specific] license.
[(h) The initial license application fee and any examination fees paid to the department are waived for an applicant who meets the requirements under this section. The applicant is still responsible for paying any examination fees that are charged by a third-party examination vendor.]
(h) [(i)] The applicant under this section must pass a criminal history background check.
The department may deny an application if the applicant has a disqualifying criminal history.
[(j) A service member or military veteran who obtains a license under this section must comply with all license renewal requirements including fees for the specific license obtained.]
§60.512.
(a) This section implements Texas Occupations Code §§55.004, 55.005, 55.006, and 55.0042.
(b) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501.
(c) An applicant under this section is eligible to obtain a license issued by the department if:
(1) the applicant holds a current license, issued by another state, that has a scope of practice similar to that of a license issued by the department; and
(2) the applicant is in good standing with the other state's licensing authority pursuant to Texas Occupations Code §55.0042.
(d) To apply for a license under this section, an applicant must submit:
(1) a license application and any supporting documents required by the application;
(2) a supplemental application including:
(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;
(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or
(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status.
(3) a copy of the applicant's out-of-state license; and
(4) documentation verifying that the applicant is in good standing with the other state's licensing authority.
(e) An applicant who qualifies for a license under this section is not required to take any applicable examination required for obtaining the specific license.
(f) The applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.
(g) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.
(h) Pursuant to Texas Occupations Code §55.004(b), the executive director may waive any prerequisite to obtaining a license for an applicant under this section after reviewing the applicant's credentials.
(i) A service member, veteran, or spouse who obtains a license under this section must comply with all the license renewal requirements including fees for the specific license obtained.
(j) The department has sole discretion in determining whether an applicant's out-of-state license is similar in scope to a license issued by the department.
§60.514.
(a)
This section implements Texas Occupations Code §§55.004, 55.005, and 55.006, as they relate to an applicant who held
a license issued by the department [the same Texas license] within the last five years.
(b) (No change.)
(c)
An applicant under this section is eligible to obtain a license issued by the department if the applicant within the five years preceding the application date held the same license in
this state [Texas].
(d) To apply for a license under this section, an applicant must submit:
(1) a license application and any supporting documents required by the application; and
(2) a supplemental application including:
(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;
(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or
(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status.
[(d) The following documentation must be submitted to apply for a license under this section:]
[(1) completed license application and any supporting documents associated with the specific department license; and]
[(2) completed Military Service Member, Military Veteran, or Military Spouse Supplemental Application and supporting documents including;]
[(A) copy of the military orders showing proof of active duty status (for service member and spouse);]
[(B) copy of the military orders or documents showing proof of veteran status (for veteran); and]
[(C) copy of document showing proof of status as a spouse.]
(e)
An [The] applicant who qualifies for a license under this section is not required to take any applicable examination required for obtaining that specific license.
[(f) An applicant under this section must pay the license application fees associated with obtaining that specific license.]
(f) [(g)] The applicant under this section must pass a criminal history background check.
The department may deny an application if the applicant has a disqualifying criminal history.
(g) [(h)] An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.
(h) [(i)] Pursuant to Texas Occupations Code §55.004(b), the executive director may waive any prerequisite to obtaining a license for an applicant under this section after reviewing the applicant's credentials.
[(j) A service member, veteran, or spouse who obtains a license under this section must comply with all license renewal requirements, including fees for the specific license obtained.]
§60.516.
(a) - (d) (No change.)
(e) To apply for a license under this section, an applicant must submit:
(1) a license application and any supporting documents required by the application;
(2) a supplemental application including:
(A) if the applicant is a service member, a copy of the applicant's military orders or other documents verifying the applicant's active duty status;
(B) if the applicant is a veteran, documents verifying the applicant's veteran status; or
(C) if the applicant is a military spouse, a copy of the applicant's marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status; and
(3) documents specified under subsection (d) that demonstrate the applicant's competency to be evaluated by the department.
[(e) The following documentation must be submitted to apply for a license under this section:]
[(1) completed license application and any supporting documents associated with the specific department license;]
[(2) completed Military Service Member, Military Veteran, or Military Spouse Supplemental Application and supporting documents including;]
[(A) copy of the military orders showing proof of active duty status (for service member and spouse);]
[(B) copy of the military orders or documents showing proof of veteran status (for veteran); and]
[(C) copy of document showing proof of status as a spouse; and]
[(3) documents specified under subsection (d) that demonstrate the applicant's competency and that will be evaluated by the department.]
[(f) An applicant under this section must pay the license application fees associated with obtaining that specific license.]
(f) [(g)] The applicant under this section must pass a criminal history background check.
The department may deny an application if the applicant has a disqualifying criminal history.
(g) [(h)] An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.
[(i) A service member, veteran, or spouse, who obtains a license under this section, must comply with all license renewal requirements including fees for the specific license obtained.]
§60.517.
(a) This section applies to a military service member, a military veteran, and a military spouse, as defined under §60.501.
(b) On receipt by the department of an application for a license, or for recognition of an out-of-state license, the department shall promptly issue a provisional license to the applicant or issue the license or recognition for which the applicant applied. A provisional license issued under this subsection expires on the earlier of:
(1) the date the department approves or denies the provisional license holder's application for the license or for recognition of a license; or
(2) the 180th day after the date the provisional license is issued.
§60.518.
(a) This section implements Texas Occupations Code §55.0041 and the license portability provisions of the federal Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.
(b) This section applies to a military service member or military spouse as defined under §60.501.
(c) A service member or military spouse may engage in a business or occupation for which a license is required without obtaining the applicable Texas license if:
(1) the applicant holds a current license, issued by another state, that has a scope of practice similar to that of a license issued by the department;
(2) the applicant is in good standing with the other state's licensing authority pursuant to Texas Occupations Code §55.0042; and
(3) the department recognizes the out-of-state license pursuant to this section.
(d) In order for an out-of-state license to be recognized under this section, a service member or military spouse must apply, in a manner determined by the department, and provide:
(1) a copy of the service member's military orders showing relocation to Texas;
(2) a copy of the out-of-state license, or if unavailable, other identifying information required by the department;
(3) if the applicant is a military spouse, a copy of the marriage license or certificate and a copy of the service member's military orders or other documents verifying the service member's active duty status; and
(4) a notarized statement 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.
(e) In addition to the above requirements, an applicant under this section must pass a criminal history background check. The department may deny an application if the applicant has a disqualifying criminal history.
(f) Not later than the 10th business day after the date the department receives an application under subsection (d), the department shall notify the applicant that:
(1) the department recognizes the applicant's out-of-state license;
(2) the application is incomplete; or
(3) the department is unable to recognize the applicant's out-of-state license because:
(A) the department does not issue a license that has a scope of practice that is similar to the applicant's out-of-state license; or
(B) the applicant has a disqualifying criminal history.
(g) A person whose out-of-state license is recognized pursuant to this section:
(1) may engage in the authorized business or occupation for the duration of the person's military orders; and
(2) must immediately notify the department if the person is no longer in good standing with the licensing authority that issued the license recognized by the department.
(h) The department shall withdraw its recognition of a person's out-of-state license if it determines that the person is no longer in good standing with the licensing authority that issued the license.
(i) In the event of a divorce or similar event that affects a person's status as a spouse, a former spouse whose out-of-state license has been recognized pursuant to this section may continue to engage in the business or occupation until the third anniversary of the date the former spouse submitted an application for recognition under this section.
(j) An individual who engages in a business or occupation under the authority or license established by this section is subject to the enforcement authority granted under Texas Occupations Code, Chapter 51, this chapter, and the laws and regulations applicable to the business or occupation in Texas.
(k) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.
(l) If a service member or spouse of a service member is licensed by way of an interstate licensure compact with Texas, the service member or spouse shall be subject to the requirements of the compact and the applicable laws of this State, and not this section.
§60.520.
(a) Pursuant to Texas Occupations Code §55.009, the initial license application fee and any examination fees paid to the department are waived for an applicant who is a military service member, military veteran, or military spouse. The applicant is responsible for paying any examination fees that are charged by a third-party examination vendor.
(b) Pursuant to Texas Occupations Code §55.002, an individual who provides the department with satisfactory documentation that the individual was serving as a service member during a license renewal period may renew that license by paying the renewal fee and is exempt from paying a late renewal fee.
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 15, 2025.
TRD-202503258
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 26, 2025
For further information, please call: (512) 475-4879
16 TAC §§60.503, 60.512, 60.518, 60.519
STATUTORY AUTHORITY
The proposed repeals are repealed under Texas Occupations Code, Chapters 51 and 55, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51 and the Federal Servicemembers Civil Relief Act at 50 U.S.C. §4025a, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 466 (State Lottery); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Charitable Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the proposed repeals.
The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is Senate Bill 1818 and House Bill 5629, 89th Legislature, Regular Session (2025).
§60.503.
§60.512.
§60.518.
§60.519.
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 15, 2025.
TRD-202503260
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: October 26, 2025
For further information, please call: (512) 475-4879