Harrison’s License Bill Lets Governor Honor Foreign-Country Licenses In Disasters

The text as introduced · 1,321 words

89R1316 SCP-F

By: Harrison
H.B. No. 710

A BILL TO BE ENTITLED

AN ACT

relating to the recognition of occupational licenses and government

certifications issued in other states; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Occupations Code, is amended by adding

Chapter 61 to read as follows:

CHAPTER 61. RECOGNITION OF OCCUPATIONAL LICENSES AND GOVERNMENT

CERTIFICATIONS

Sec. 61.001. DEFINITIONS. In this chapter:

(1) "Board" means a department, commission, board,

office, or other agency of this state or a political subdivision of

this state that issues an occupational license or government

certification to an individual.

(2) "Government certification" means a voluntary,

government-granted, and nontransferable recognition to an

individual who meets personal qualifications related to a lawful

occupation and may be used as part of a professional title in

addition to any professional title associated with an occupational

license. The term does not include an occupational license,

certificate, or other credential, including a license or

certification issued by a state licensing authority as a

prerequisite to working lawfully in an occupation.

(3) "Lawful occupation" means a course of conduct,

pursuit, or profession that includes the sale or provision of goods

or services that are not illegal to sell or provide irrespective of

whether the individual selling or providing the goods or services

is subject to an occupational license.

(4) "Military" means the armed forces of the United

States, including the air force, army, coast guard, marine corps,

navy, space force, national guard, and all reserve components and

auxiliaries. The term includes the militia of any United States

territory or state.

(5) "Occupational license" means a nontransferable

authorization for an individual to perform a lawful occupation

based on meeting personal qualifications, including a military

occupational specialty. In an occupation for which an occupational

license is required, it is illegal for an individual who does not

possess a valid occupational license to perform the occupation.

(6) "Other state" or "another state" means any

territory or state in the United States other than this state and

includes a branch or unit of the military.

(7) "Scope of practice" means the procedures, actions,

processes, and work that an individual is authorized to perform

under an occupational license or government certification issued in

this state.

Sec. 61.002. RECOGNITION OF OCCUPATIONAL LICENSE OR

GOVERNMENT CERTIFICATION. (a) Notwithstanding any other law, a

board shall issue an occupational license or government

certification to an individual who applies in a manner prescribed

by the board if the individual:

(1) holds a current and valid occupational license or

government certification in another state in a lawful occupation

with a similar scope of practice, as determined by the board;

(2) has held the occupational license or government

certification in another state for at least one year;

(3) was required by a board in another state to pass an

examination or to meet education, training, or experience

standards;

(4) is in good standing with the board in the other

state;

(5) does not have a disqualifying criminal record as

determined by the board in this state;

(6) has not had an occupational license or government

certification revoked by the board of another state due to

negligence or intentional misconduct related to the individual's

work in the occupation;

(7) did not surrender an occupational license or

government certification in another state due to negligence or

intentional misconduct related to the individual's work in the

occupation;

(8) does not have a complaint, allegation, or

investigation pending before a board in another state that relates

to unprofessional conduct or an alleged crime; and

(9) pays all applicable fees in this state.

(b) If another state issued the individual a government

certification without requiring an occupational license but an

occupational license is required in this state, a board shall issue

an occupational license to the individual if the individual

otherwise satisfies Subsection (a).

(c) A board may not make a final determination on an

individual's application for an occupational license or government

certification if the individual is the subject of a complaint,

allegation, or pending investigation until the complaint,

allegation, or investigation is resolved or the individual

otherwise meets the criteria for an occupational license or

government certification in this state to the satisfaction of the

board.

Sec. 61.003. RECOGNITION OF WORK EXPERIENCE.

Notwithstanding any other law, a board shall issue an occupational

license or government certification to an individual who applies

for an occupational license or government certification based on

work experience in another state, if the individual:

(1) worked in a state that does not require an

occupational license or government certification to engage in a

lawful occupation but an occupational license or government

certification is required in this state to engage in a lawful

occupation with a similar scope of practice, as determined by the

board;

(2) worked for at least three years in the lawful

occupation; and

(3) satisfies Sections 61.002(a)(5)-(9).

Sec. 61.004. STATE LAW EXAMINATION. A board may require an

individual to pass a jurisprudential examination specific to

relevant state laws that regulate the occupation if an occupational

license or government certification in this state requires an

individual to pass a jurisprudential examination as a prerequisite

to receiving an occupational license or government certification.

Sec. 61.005. DECISION. Except as provided by Section

61.002(c), a board shall provide a written decision to an

individual regarding the individual's application for an

occupational license or government certification not later than the

30th day after the date of receiving a complete application.

Sec. 61.006. APPEAL. (a) An individual may appeal a

board's decision to the appropriate court.

(b) An individual may appeal:

(1) a denial of an occupational license or government

certification;

(2) a determination of the occupation;

(3) a determination of the similarity of the scope of

practice of the occupational license or government certification

issued; or

(4) any other decision made by a board under this

chapter.

Sec. 61.007. STATE LAWS AND JURISDICTION. An individual

who obtains an occupational license or government certification

under this chapter is subject to:

(1) the laws regulating the occupation in this state;

and

(2) the jurisdiction of the board that regulates the

occupation in this state.

Sec. 61.008. EXCEPTION. This chapter does not apply to an

occupation regulated by the supreme court.

Sec. 61.009. LIMITATIONS. This chapter may not be

construed to:

(1) prohibit an individual from applying for or being

issued an occupational license or government certification under

another state law or rule;

(2) prevent this state from:

(A) entering into a licensing compact or

reciprocity agreement with another state, foreign province, or

foreign country; or

(B) recognizing occupational credentials issued

by a private certification organization, foreign province, foreign

country, international organization, or other entity; or

(3) require a private certification organization to

grant or deny private certification to an individual.

Sec. 61.010. FEE. A board may charge a fee to an individual

not to exceed $100 for each application to cover the costs of

administering this chapter.

Sec. 61.011. PREEMPTION. This chapter preempts the law of a

municipality, county, or other political subdivision in this state

that regulates occupational licenses and government certification.

Sec. 61.012. EMERGENCY POWERS. (a) During a declared state

of disaster, the governor may order the recognition of an

occupational license from another state or foreign country as if

the license is issued in this state without an individual meeting

the requirements of this chapter.

(b) The governor may expand the scope of practice for an

occupational license and may authorize any license holder to

provide services in this state in person, by telephone, or by other

means for the duration of the disaster.

SECTION 2. As soon as practicable after the effective date

of this Act, a licensing authority that regulates an occupational

license or government certification in this state shall adopt rules

to implement Chapter 61, Occupations Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.