The department must issue licenses to qualified applicants, renew licenses, and meet short deadlines for notices and issuance; applicants and license holders must report new controlling persons within 45 days.
Sec. 91.016. LICENSE ISSUANCE; TERM; EFFECT OF EXPIRATION. (a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify an applicant of any deficiency in the application not later than the 30th day after the date on which the department receives the application forms. The department shall issue the license not later than the 90th day after the date on which the completed application is filed with the department. (b) A license issued or renewed by the department under this chapter is valid for one year from the date of the issuance or renewal. The department shall renew a license in accordance with Subchapter H, Chapter 51, Occupations Code, and the rules adopted by the department. (c) Each applicant or license holder shall disclose to the department the addition of a new controlling person not later than the 45th day after the date on which the person assumes the duties of a controlling person. That person may serve as a controlling person while the department is conducting any necessary investigation. If the department determines not to approve the new controlling person, the department shall notify the applicant or license holder and that controlling person at least 20 days before taking action against the applicant or license holder. (d) Notwithstanding any other law, for purposes of this chapter, if a license holder fails to timely apply for license renewal, the license holder's status as employer of a covered employee continues until the expiration of 18 months after the date the license expires. If the license holder fails to apply for license renewal before the expiration of the 18th month after the license expiration date: (1) the license holder's status as employer of a covered employee terminates; and (2) the license holder is subject to disciplinary action if the license holder engages in or offers professional employer services at any time while the license is expired. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 816, Sec. 14.004, eff. Sept. 1, 2003. Amended by: Acts 2025, 89th Leg., R.S., Ch. 811 (S.B. 1254), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 811 (S.B. 1254), Sec. 3, eff. September 1, 2025.