Bill Text: TX SB1200 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the issuance of a license by the Texas Department of Licensing and Regulation to certain out-of-state applicants; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Business & Commerce [SB1200 Detail]

Download: Texas-2023-SB1200-Introduced.html
  88R11949 JCG-D
 
  By: Hall S.B. No. 1200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of a license by the Texas Department of
  Licensing and Regulation to certain out-of-state applicants;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 51, Occupations Code, is
  amended by adding Section 51.4043 to read as follows:
         Sec. 51.4043.  ISSUANCE OF LICENSE TO CERTAIN OUT-OF-STATE
  APPLICANTS. (a) The department shall issue a license to an
  applicant who pays any required fees and:
               (1)  holds a current license in good standing in
  another state with a similar scope of practice, as determined by the
  commission;
               (2)  has held the license for at least one year;
               (3)  was required to pass an examination or meet other
  experience, education, or training requirements to obtain the
  license;
               (4)  does not have a disqualifying criminal history as
  determined by the commission;
               (5)  has not been subject to the revocation or
  surrender of the license in any state due to negligence or
  intentional misconduct in the performance of work under the
  license; and
               (6)  is not currently the subject of a complaint or
  investigation in the other state for an act that constitutes
  unprofessional conduct or an offense.
         (b)  With respect to an application for a license under a
  program regulated by the department submitted by an applicant from
  another state that does not require a license to engage in the
  activity for which the license is sought in this state, the
  department shall consider the work experience of the applicant as
  sufficient for the issuance of the license if the applicant:
               (1)  has engaged in the activity for at least three
  years; and
               (2)  satisfies the requirements of Subsections (a)(4)
  and (6).
         (c)  An applicant for a license under this section may be
  required to pass a jurisprudence examination specific to the
  relevant laws of this state applicable to the activities for which
  the license is sought if a similar examination is required to obtain
  the license for all other applicants.
         (d)  The department shall provide an applicant under this
  section with a written decision regarding the application not later
  than the 30th day after the date the application is submitted.
         (e)  The commission may impose a fee not to exceed $100 for an
  application under this section.
         (f)  The commission shall adopt rules to implement this
  section.
         SECTION 2.  (a)  The Texas Commission of Licensing and
  Regulation shall adopt rules required by Section 51.4043,
  Occupations Code, as added by this Act, not later than January 1,
  2024.
         (b)  Section 51.4043, Occupations Code, as added by this Act,
  applies only to an application for a license submitted to the Texas
  Department of Licensing and Regulation on or after February 1,
  2024.
         SECTION 3.  This Act takes effect September 1, 2023.
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