Section 535.58 - License for Military Service Members, Veterans, or Military Spouses(a) Definitions. (1) "Military service member" means a person who is on current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by § 437.001, Government Code, or similar military service of another state.(2) "Military spouse" means a person who is married to a military service member.(3) "Veteran" means a person who has served as a military service member and who was discharged or released from active duty.(b) Except as otherwise provide by this section: (1) a person applying for a sales agent or broker license under this chapter must comply with all requirements of § 535.51 of this chapter (relating to General Requirements for a Real Estate License);(2) a person applying for an inspector license under this chapter must comply with all requirements of § 535.208 of this chapter (relating to Application for a License); and(3) a person applying for a certificate of registration under this chapter must comply with all requirements of § 535.400 of this chapter (relating to Registration of Easement or Right-of-Way Agents).(c) Expedited application. (1) The Commission shall process a license for an applicant who is a military service member, military veteran, or military spouse on an expedited basis.(2) If the applicant holds a current certificate or license issued by a country, territory, or state other than Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or license issued in Texas, the Commission shall issue the license not later than the 30th day after receipt of the application.(d) Waiver of fees and requirements.(1) The Commission shall waive application and examination fees for an applicant who is a: (A) military service member or veteran whose military service, training, or education substantially meets all of the requirements for a license; or(B) military service member, veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the same license in this state.(2) The Executive Director may waive any other requirements for obtaining a license for an applicant who:(A) meets the requirements of subsection (c)(2) of this section; or(B) held a license in Texas within the five years preceding the date the application is filed with the Commission.(e) Credit for military service.(1) For an applicant who is a military service member or veteran, the Commission shall credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license.(2) This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.(f) Alternate methods of competency. The Commission may accept alternative methods for demonstrating an applicant's competency in the place of passing the specific licensing examination, or completing education and/or experience required to obtain a particular license. Based on the applicant's circumstances and the requirements of a particular license, the Commission may consider any combination of the following as alternative methods of demonstrating competency: (2) continuing education;(3) examinations (written and/or practical);(4) letters of good standing;(5) letters of recommendation;(7) other methods required by the Executive Director.(g) Limited reciprocity for military service members and military spouses.(1) A person who is a military service member or military spouse who holds a current certificate or license issued by a country, territory, or state other than Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or license issued in Texas who wants to practice in Texas in accordance with § 55.0041, Occupations Code, must: (A) notify the Commission of the person's intent to practice in Texas on a form approved by the Commission; and(B) submit a copy of the military identification card issued to the person; and(2) Upon receipt of the documents required under paragraph (1) of this subsection, the Commission will: (A) no later than 30 days, verify that the person is currently licensed and in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and(B) upon confirmation from the other jurisdiction that the person is currently licensed and in good standing with that jurisdiction, issue a license to the person for the same period in which the person is licensed or certified by the other jurisdiction.(3) A person may not practice in Texas in accordance with this subsection without receiving confirmation from the Commission that the Commission has verified that the person is currently licensed and in good standing with another jurisdiction. Confirmation is provided by the Commission when the person is issued a license as provided for in paragraph (2) of this subsection.(4) A license issued under this subsection may not be renewed.(5) The time period for which a person may practice under this subsection without meeting the requirements for licensure in Texas is limited to the lesser of: (A) the period during which the person or person's spouse is stationed at a military installation in this state; or(6) A person authorized to practice in this state under this subsection must comply will all other laws and regulations applicable to the license, including any sponsorship requirements.(7) Notwithstanding paragraph (5) of this subsection, in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to practice for three years from the date of the issuance of the license under this subsection.(h) The purpose of this section is to establish procedures authorized or required by Texas Occupations Code, Chapter 55, and is not intended to modify or alter rights that may be provided under federal law.22 Tex. Admin. Code § 535.58
Adopted by Texas Register, Volume 44, Number 50, December 13, 2019, TexReg 7699, eff. 12/11/2019; Amended by Texas Register, Volume 48, Number 23, June 9, 2023, TexReg 2949, eff. 6/11/2023; Amended by Texas Register, Volume 48, Number 34, August 25, 2023, TexReg 4587, eff. 9/1/2023(EMERGENCY); Amended by Texas Register, Volume 48, Number 47, November 24, 2023, TexReg 6913, eff. 11/29/2023