1. (a) An individual may not take a licensing exam for a license they actively hold.

2. (b) To be eligible to take a state licensing exam, an individual must:

   1. (1) have successfully completed a commission-approved basic licensing course or academic alternative program;
   2. (2) meet the requirements for reactivation in §217.19 of this title if the individual is currently licensed;
   3. (3) meet the requirements for reinstatement in §223.17 of this title if the individual is currently licensed;
   4. (4) meet the requirements in §219.2 of this chapter if an individual is an out of state peace officer, federal criminal investigator, or military; or
   5. (5) be eligible to take the county corrections licensing exam as provided in Texas Occupations Code Chapter 1701, §1701.310.
3. (c) To maintain eligibility to attempt a licensing exam the applicant must meet the basic licensing enrollment standards identified by §215.15 of this title; or if previously licensed, meet the minimum initial licensing standards identified by §217.1 of this title.
4. (d) An eligible examinee will be allowed three attempts to pass the examination. All attempts must be completed within 180 days from the completion date of the licensing course. Any remaining attempts become invalid on the 181th day from the completion date of the licensing course, or if the examinee passes the licensing exam. If an attempt is invalidated for any other reason, that attempt will be counted as one of the three attempts.

5. (e) The examinee must repeat the basic licensing course for the license sought if:

   1. (1) the examinee fails all three attempts to pass the licensing exam;
   2. (2) the examinee fails to complete all three attempts within 180 days from the completion date of the licensing course; or
   3. (3) the examinee is dismissed from an exam for cheating. If dismissed from an exam for cheating, all remaining attempts are invalidated.
6. (f) An examinee that is required to repeat a basic licensing course under the provisions in subsection (e) will not be allowed to repeat an academic alternative program.
7. (g) If an individual is not licensed within 2 years from the date of their successful completion of the licensing exam, the basic licensing course must be repeated.
8. (h) The effective date of this section is July 12, 2012.

Source Note:The provisions of this §219.1 adopted to be effective July 12, 2012, 37 TexReg 4604.