1. (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.
2. (b) This section applies to a military service member or military spouse as defined under §60.501.

3. (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. (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. (2) the applicant is in good standing with the other state's licensing authority pursuant to Texas Occupations Code §55.0042; and
   3. (3) the department recognizes the out-of-state license pursuant to this section.

4. (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. (1) a copy of the service member's military orders showing relocation to Texas;
   2. (2) a copy of the out-of-state license, or if unavailable, other identifying information required by the department;
   3. (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. (4) a notarized statement affirming, under penalty of perjury, that:

      1. (A) the applicant is the person described and identified in the application;
      2. (B) all statements in the application are true, correct, and complete;
      3. (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
      4. (D) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.
5. (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.

6. (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. (1) the department recognizes the applicant's out-of-state license;
   2. (2) the application is incomplete; or

   3. (3) the department is unable to recognize the applicant's out-of-state license because:

      1. (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
      2. (B) the applicant has a disqualifying criminal history.

7. (g) A person whose out-of-state license is recognized pursuant to this section:

   1. (1) may engage in the authorized business or occupation for the duration of the person's military orders; and
   2. (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.
8. (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.
9. (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.
10. (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.
11. (k) An application under this section shall be expedited in accordance with Texas Occupations Code §55.005.
12. (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.

Source Note:The provisions of this §60.518 adopted to be effective January 1, 2024, 48 TexReg 8354; amended to be effective December 1, 2025, 50 TexReg 7549.