bill requires 22 agencies to license out-of-state applicants

The text as introduced · 677 words

89R4982 JCG-D

By: Sparks
S.B. No. 716

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of an occupational license to certain

out-of-state applicants.

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. LICENSING OF CERTAIN OUT-OF-STATE APPLICANTS

Sec. 61.001. DEFINITION. In this chapter, "license" means

a license, certificate, registration, permit, or other form of

authorization required by law or rule that must be obtained by an

individual to engage in a particular business or occupation.

Sec. 61.002. APPLICABILITY; EXCEPTION. (a) This chapter

applies only to the issuance of a license by any of the following

licensing authorities:

(1) Executive Council of Physical Therapy and

Occupational Therapy Examiners;

(2) Department of Public Safety of the State of Texas;

(3) Department of State Health Services;

(4) Health and Human Services Commission;

(5) State Board for Educator Certification;

(6) State Board of Dental Examiners;

(7) State Board of Veterinary Medical Examiners;

(8) Supreme Court of Texas;

(9) Texas Appraiser Licensing and Certification

Board;

(10) Texas Behavioral Health Executive Council;

(11) Texas Board of Architectural Examiners;

(12) Texas Board of Chiropractic Examiners;

(13) Texas Board of Nursing;

(14) Texas Board of Professional Engineers and Land

Surveyors;

(15) Texas Department of Insurance;

(16) Texas Department of Licensing and Regulation;

(17) Texas Medical Board;

(18) Texas Optometry Board;

(19) Texas State Board of Acupuncture Examiners;

(20) Texas State Board of Pharmacy;

(21) Texas State Board of Plumbing Examiners; and

(22) Texas State Board of Public Accountancy.

(b) This chapter does not apply to a license or other

authorization required for the establishment or operation of a

facility.

Sec. 61.003. ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE

APPLICANTS. (a) Notwithstanding any other law, a licensing

authority described by Section 61.002(a) shall issue a license to

an applicant who pays any required fees and:

(1) holds a current license in good standing in

another state with a similar scope of practice, as determined by the

licensing authority;

(2) has held the license for at least one year;

(3) was required to pass an examination or meet other

experience, education, or training requirements to obtain the

license;

(4) does not have a disqualifying criminal history as

determined by the licensing authority;

(5) has not been subject to the revocation or

surrender of the license in any state due to unprofessional conduct

or while under investigation for unprofessional conduct in the

performance of work under the license;

(6) is not currently subject to ongoing discipline by

a regulatory agency in connection with the applicant's license,

including a probated suspension, limitation on scope of practice,

or program of additional monitoring; and

(7) is not currently the subject of a complaint or

investigation in the other state for an act that constitutes

unprofessional conduct or an offense.

(b) For purposes of Subsection (a)(1), if the applicant

holds a license of similar scope in more than one state, each

license must be in good standing in each state.

(c) Before a license may be issued under Subsection (a), the

licensing authority must request and receive from the other state

confirmation that the applicant meets the requirements described by

Subsection (a)(3).

(d) An applicant for a license under this section may be

required to pass a jurisprudence examination specific to the

relevant laws of this state applicable to the activities for which

the license is sought if a similar examination is required to obtain

the license for all other applicants.

(e) Each licensing authority described by Section 61.002(a)

shall adopt rules to implement this section.

SECTION 2. (a) Each licensing authority to which Section

61.003, Occupations Code, as added by this Act, applies shall adopt

rules required by that section not later than January 1, 2026.

(b) Chapter 61, Occupations Code, as added by this Act,

applies only to an application for a license submitted to a

licensing authority to which that chapter applies on or after

January 1, 2026.

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