SECTION 140.265. Permitting of Military Service Members, Military Veterans, and Military Spouses

(a) This section sets out permitting procedures for military service members, military veterans, and military spouses required under Occupations Code, Chapter 55 (relating to Licensing of Military Service Members, Military Veterans, and Military Spouses). For purposes of this section, the following terms shall have the following meanings:

(1) Military service member--A person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state.

(2) Military spouse--A person who is married to a military service member who is currently on active duty.

(3) Military veteran--A person who has served in the army, navy, air force, marine corps, or coast guard of the United States, or in an auxiliary service of one of those branches of the armed forces.

(b) An applicant shall provide documentation of the applicant's status as a military service member, military veteran, or military spouse. Acceptable documentation includes, but is not limited to, copies of official documents such as military service orders, marriage licenses, and military discharge records. The application of a person who fails to provide documentation of his or her status shall not be processed under the requirements of this section.

(c) Upon request, an applicant shall provide acceptable proof of a current permit issued by another jurisdiction. Upon request, the applicant shall provide proof that the permitting requirements of that jurisdiction are substantially equivalent to the permitting requirements of this state.

(d) The department's authority to require an applicant to undergo a criminal history background check, and the timeframes associated with that process, are not affected by the requirements of this section.

(e) For an application for a permit submitted by a verified military service member or military veteran, the applicant shall receive credit towards any permitting or apprenticeship requirements, except an examination requirement, for verified military service, training, or education that is relevant to the occupation, unless he or she holds a restricted permit issued by another jurisdiction or if he or she has an unacceptable criminal history as described by the Act and this chapter.

(f) An applicant who is a military spouse who holds a current permit issued by another jurisdiction that has substantially equivalent permitting requirements shall complete and submit an application form and fee. The department shall issue a permit to a qualified applicant who holds such a permit as soon as practicable and the renewal of the permit shall be in accordance with subsection (i) of this section.

(g) In accordance with Occupations Code, §55.004(c), the department may waive any prerequisite to obtaining a permit after reviewing the applicant's credentials and determining that the applicant holds a permit issued by another jurisdiction that has permit requirements substantially equivalent to those of this state.

(h) A military spouse who within the five years preceding the application date held the permit in this state that expired while the applicant lived in another state for at least six months is qualified for a permit based on the previously held permit, if there are no unresolved complaints against the applicant and if there is no other bar to permitting, such as criminal background or non-compliance with a department order.

(i) If the department issues an initial permit to an applicant who is a military spouse in accordance with subsection (f) of this section, the department shall assess whether the applicant has met all permitting requirements of this state by virtue of the current permit issued by another jurisdiction. The department shall provide this assessment in writing to the applicant at the time the permit is issued. If the applicant has not met all permitting requirements of this state, the applicant must provide proof of completion at the time of the first application for permit renewal. A permit shall not be renewed, shall be allowed to expire, and shall become ineffective if the applicant does not provide proof of completion at the time of the first application for permit renewal.

Source Note: The provisions of this §140.265 adopted to be effective April 1, 2015, 40 TexReg 1853