1. (a) This section implements Texas Occupations Code §55.0041.
2. (b) This section applies to a military spouse, as defined under §60.501, who meets the requirements of Texas Occupations Code §55.0041.
3. (c) The notice required by Texas Occupations Code §55.0041(b)(1) must be provided by submitting the notice to the department on a completed department-approved form.
4. (d) The department will determine whether the licensing requirements of another jurisdiction are substantially equivalent to the licensing requirements of Texas as prescribed under §60.34.
5. (e) To be eligible for the confirmation described in Texas Occupations Code §55.0041(b)(3), a military spouse must provide the department with sufficient documentation to verify that the military spouse is currently licensed in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license.
6. (f) The department may not charge a fee for the authority to engage in a business or occupation, or for a three-year license, as set forth in subsections (g) and (h).

7. (g) Authority to engage in business or occupation.

   1. (1) An individual who receives from the department the confirmation described in Texas Occupations Code §55.0041(b)(3):

      1. (A) may engage in the authorized business or occupation only for the period during which the individual meets the requirements of Texas Occupations Code §55.0041(d); and
      2. (B) must immediately notify the department if the individual no longer meets the requirements of Texas Occupations Code §55.0041(d).
   2. (2) An individual is not required to undergo a criminal history background check to be eligible for the authority granted under this subsection.

8. (h) Three-year license.

   1. (1) An individual who receives from the department the confirmation described in Texas Occupations Code §55.0041(b)(3) is eligible to receive a license issued by the department if the individual:

      1. (A) submits a completed application on a department-approved form; and
      2. (B) undergoes and successfully passes a criminal history background check.
   2. (2) A license issued under this subsection expires on the third anniversary of the date the department provided the confirmation described in Texas Occupations Code §55.0041(b)(3) and may not be renewed.
9. (i) 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.

Source Note:The provisions of this §60.518 adopted to be effective December 1, 2019, 44 TexReg 7179; amended to be effective May 1, 2022, 47 TexReg 2127.