(a) General Provisions.
- (1) Applicability. This section applies to military service members, military veterans, or military spouses, as specified in this section and as those terms are defined in Texas Occupations Code, Chapter 55.
- (2) License. For purposes of this section, a "license" means a license, certificate, registration, permit, or other form of authorization required by this chapter that must be obtained by an individual to engage in a particular business.
(3) Determination of Good Standing. For purposes of this section, an individual is in good standing with another state's licensing authority if the individual:
- (A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
- (B) has not been disciplined by the licensing authority with respect to the license or individual's practice of the occupation for which the license is issued; and
- (C) is not currently under investigation by the licensing authority for unprofessional conduct related to the individual's license or profession.
- (4) Complaints and Reporting. The Commission shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom AFS issues a license or who holds an out-of-state license the Commission recognizes. The Commission shall publish at least quarterly on its website the complaint information, including a general description of the disposition of each complaint.
(b) Alternative Licensing.
(1) A military service member, military veteran, or military spouse may apply to be issued a CNG license by the Commission if the military service member, military veteran, or military spouse:
- (A) holds a current license issued by the licensing authority of another state that is similar in scope of practice to a CNG license issued by the Commission and is in good standing with the other state's licensing authority; or
- (B) within the five years preceding the application date held a CNG license issued by the Commission.
(2) An application for an alternative license shall be made by submitting a completed Form 16V to AFS. The applicant must attach the following to Form 16V:
- (A) a copy of the applicant's current CNG license issued by the licensing authority of another state, if applicable;
- (B) a copy of military documentation showing the applicant's military status as a military service member or military veteran;
- (C) if the applicant is a military spouse, a copy of the military spouse's marriage license; and
- (D) any other information that may be required by AFS.
(3) Upon receipt of a completed Form 16V with required attachments, AFS shall:
- (A) confirm with the other state that the military service member, military veteran, or military spouse is currently licensed and in good standing for the relevant business or occupation; and
- (B) conduct a comparison of the other state's licensing requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.
- (4) AFS shall issue the alternative CNG license not later than the 10th business day after the date AFS receives an application for an alternative license in compliance with this subsection and section 55.004, Occupations Code (relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses).
(c) Recognition of Out-of-State Licensing.
- (1) A military service member or military spouse may apply to engage in a CNG activity for which a CNG license is required by the Commission if the military service member or military spouse holds a current license issued by the licensing authority of another state that is similar in scope of practice to a CNG license issued by the Commission. A military service member or military spouse must receive a written recognition from AFS pursuant to this subsection before engaging in a CNG activity.
(2) An application for the recognition of an out-of-state CNG license shall be made by submitting a completed Form 16M to AFS. The applicant must be in good standing with the other state's licensing authority for Form 16M to be approved. The applicant must attach the following to a Form 16M:
- (A) a copy of the applicant's current CNG license issued by the licensing authority of another state;
- (B) a copy of military documentation showing the applicant's status as a military service member or a military spouse;
- (C) a copy of the applicant's military orders showing relocation to this state;
- (D) if the applicant is a military spouse, a copy of the military spouse's marriage license; and
- (E) any other information that may be required by AFS.
(3) Form 16M includes an affidavit that must be notarized by the applicant 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 the state in which the applicant holds an applicable license.
- (4) Upon receipt of a completed Form 16M with required attachments, AFS shall conduct a comparison of the other state's license requirements, statutes, and rules with AFS's licensing requirements to determine if the requirements are similar in scope of practice.
(5) Not later than the 10th business day after AFS receives a completed Form 16M with required attachments, AFS will notify the applicant that:
- (A) AFS recognizes the applicant's out-of-state license and will provide a written recognition document;
- (B) the application is incomplete, noting the area of deficiency; or
- (C) AFS is unable to recognize the applicant's out-of-state license because the Commission does not issue a license similar in scope of practice to the applicant's out-of-state license.
(6) If a military service member or military spouse is granted the written recognition of an out-of-state CNG license by the Commission, the following conditions apply:
- (A) The military service member or military spouse shall comply with all other laws and regulations applicable to the CNG license in this state;
- (B) The military service member or military spouse may only engage in the CNG activity authorized by the written recognition for the period during which the military service member is stationed at a military installation in Texas, or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas; and
- (C) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the Form 16M.
(d) Fee Exemptions.
- (1) The Commission shall waive the license application and examination fees for a military service member, military veteran, or military spouse. To receive a military fee exemption, an applicant for a fee exemption shall file with the Commission a Form 35 and any documentation required by this subsection.
(2) A military service member, military veteran, or military spouse shall submit the following documentation with Form 35:
- (A) a copy of any military records showing the applicant's dates of service; and
- (B) a copy of the applicant's driver's license or state-issued identification card.
(3) AFS shall review Form 35 and required documentation to determine if the requirements for the fee exemption have been met and shall notify the applicant of the determination in writing within 10 days.
- (A) If all requirements have been met, the applicant may submit the application for license or examination and attach a copy of the written notice granting military fee exemption with the application to serve as notice of payment.
- (B) If AFS has notified the applicant that the application is incomplete, the applicant shall provide any requested information or documentation within 10 days of the date of the notice.
(e) Renewals.
- (1) A military service member, military veteran, or military spouse who receives an alternative license or recognition by AFS of an out of state license remains subject to all other renewal requirements in this chapter, including all applicable fees and training or continuing education courses.
- (2) A service member who fails to timely renew a license because the individual was on active duty is exempt from any increased fee or penalty imposed by AFS.
(3) A military service member who holds a license is entitled to two years of additional time to complete:
- (A) any continuing education requirements; and
- (B) any other requirement related to the renewal of the military service member's license.
Source Note:The provisions of this §13.76 adopted to be effective December 8, 2025, 50 TexReg 7885.