The commission, department, or executive director may use alternative ways to verify a person’s license eligibility, may waive some license prerequisites in limited reciprocity situations, and may enter reciprocity agreements with another state with the governor’s approval.
Sec. 51.4041. ALTERNATIVE QUALIFICATIONS FOR LICENSE. (a) The commission, department, or executive director may adopt alternative means of determining or verifying a person's eligibility for a license issued by the department, including evaluating the person's education, training, experience, and military service. (a-1) Notwithstanding any other law, the alternative means adopted under Subsection (a) may include accepting as sufficient evidence of a person's eligibility for a license relevant education, training, or experience obtained while the person was imprisoned if the person: (1) previously held a license of the same type for which the person is applying and the license was revoked under Section 53.021(b); (2) has not been convicted of, placed on deferred adjudication for, or entered a plea of guilty or nolo contendere to: (A) an offense listed in Article 42A.054, Code of Criminal Procedure; (B) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; or (C) an offense under Chapter 21 or 43, Penal Code; and (3) while imprisoned, maintained a record of good behavior and: (A) successfully participated in a program acceptable to the department to prepare the person for reentry into the workforce in the occupation for which the person seeks a license; or (B) performed work on a regular basis in the occupation for which the person seeks a license. (b) Notwithstanding any other law, the commission or the executive director may waive any prerequisite for obtaining a license if the applicant currently holds a similar license issued by another jurisdiction that: (1) has requirements for the license that are substantially equivalent to those of this state; or (2) has a reciprocity agreement with this state for the license. (c) The department, with approval of the governor, may enter into an agreement with another state to allow for licensing by reciprocity. Added by Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 1, eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 3, eff. September 1, 2019.