1. (a) The department will process a license, amendment, or renewal application submitted for licensing of a military service member, military spouse, or military veteran in accordance with Occupations Code, Chapter 55. A license holder who fails to timely file a sufficient renewal application because the license holder was on active duty is exempt from any increased fee or penalty imposed by the department.

2. (b) A military service member or military spouse may engage in a business or occupation for which a department issued license is required if the military service member or military spouse meets the requirements of Occupations Code, §55.0041 and this section.

   1. (1) A military service member or military spouse must submit to the department:

      1. (A) a complete application;
      2. (B) proof of the military service member being stationed in Texas and a copy of the military service member or military spouse's military identification card;
      3. (C) if the applicant is a military spouse, a copy of the military spouse's marriage license; and
      4. (D) a notarized affidavit as required by Occupations Code, § 55.0041(b)(3).

   2. (2) Upon receipt of the application and documentation required by paragraph (1) of this subsection, the department shall:

      1. (A) confirm with the other licensing state that the military service member or military spouse is currently licensed and in good standing for the relevant business or occupation; and
      2. (B) conduct a comparison of the other state's license requirements, statutes, and rules with the department's licensing requirements to determine if the requirements are similar in scope of practice; and
      3. (C) issue a provisional license.
   3. (3) If the department confirms that a military service member or military spouse is currently licensed in good standing in another state with licensing requirements that are similar in scope and practice, or was licensed in good standing in Texas in the last five years, the department shall issue a license to the military service member or military spouse for the relevant business or occupation, or notify the applicant why the department is currently unable to issue a license pursuant to Occupations Code, §55.0041(b-1), within 10 days. The license is subject to the requirements of this chapter and Occupations Code, Chapter 2302 in the same manner as a license issued under the standard application process, unless exempted or modified under Occupations Code, Chapter 55.
3. (c) This section establishes requirements and procedures authorized or required by Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.

Source Note:The provisions of this §221.17 adopted to be effective December 9, 2015, 40 TexReg 8802; amended to be effective December 29, 2019, 44 TexReg 8037; amended to be effective June 1, 2024, 49 TexReg 2760; amended to be effective October 9, 2025, 50 TexReg 6526.