37 Tex. Admin. Code § 651.213 - Licensing of Military Service Members, Military Veterans, and Military Spouses

(a) Definitions. The terms "active duty," "military service member," "military spouse," and "military veteran" have the meaning assigned by the Texas Occupations Code Title 2, § 55.001.

(b) Exemption from License Fees. All active duty, military service members, military veterans and military spouses who apply for or renew a forensic analyst license are exempt from fee requirements described under this subchapter.

(c) Exemption from Penalty for Failure to Renew License. All active duty, military service members, military veterans, and military spouses who hold a Forensic Analyst License are exempt from any increased fee or other penalty imposed by the Commission for failing to renew his/her license in a timely manner if the individual establishes to the satisfaction of the Commission that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

(d) Extension of License Renewal Deadlines for Military Service Members. A military service member who holds a Forensic Analyst License is entitled to two years of additional time to complete:

(1) any continuing education requirements; and

(2) any other requirement related to the renewal of the military service member's license.

(e) Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. The Commission shall issue a license to an applicant who is a military service member, military veteran, or military spouse who:

(1) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or

(2) within the five years preceding the application date held the license with this state; and

(3) the Commission Presiding Officer or Designee may waive any prerequisite to obtaining a license for an applicant described in this subsection after reviewing the applicant's credentials.

(f) Recognition of Out-of-State License of Military Spouse. Notwithstanding any other law, a military spouse may on behalf of a crime laboratory accredited by the Commission technically review or perform a forensic analysis or draw conclusions from or interpret a forensic analysis for a court or crime laboratory for which a license is required without obtaining the applicable license if the spouse is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the forensic analyst license in this state.

(1) Before acting as a forensic analyst or forensic technician or performing any forensic analysis, the military spouse must:

(A) notify the Commission of the spouse's intent to act as a forensic analyst;

(B) submit to the Commission proof of the spouse's residency in this state and a copy of the spouse's military identification card; and

(C) receive from the Commission confirmation that the agency has verified the spouse's license in the other jurisdiction and the spouse is authorized to act as a forensic analyst in the state.

(2) The military spouse shall comply with all other laws and regulations applicable to forensic analysts and forensic technicians in this state.

(3) A military spouse may act as a forensic analyst under authority of this subsection for the period during which the military service member to whom the military spouse is married is stationed at a military installation in this state but not to exceed three years from the date the spouse receives the confirmation described in paragraph (1)(C) of this subsection.

(4) A license issued under this subsection expires not later than the third anniversary of the date the Commission provided the confirmation and may not be renewed.

(g) License Eligibility Requirements for Applicants with Military Experience. Notwithstanding any other law, the Commission shall credit verified military service, training or education toward the licensing requirements, other than the general forensic examination requirement, for a Forensic Analyst License.

(h) License Application and Examination. Notwithstanding any other law, the Commission shall waive the license application and any examination fees paid to the Commission for an applicant who is:

(1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or

(2) a military service member or military veteran who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.

(i) Notice of Chapter Provisions. The Commission shall prominently post a notice on the home page of the Commission's website describing the provisions of this subchapter that are available to military service members, military veterans, and military spouses.

Notes

37 Tex. Admin. Code § 651.213

Adopted by Texas Register, Volume 43, Number 19, May 11, 2018, TexReg 3106, eff. 5/16/2018; Amended by Texas Register, Volume 43, Number 49, December 7, 2018, TexReg 7910, eff. 12/16/2018; Amended by Texas Register, Volume 44, Number 36, September 6, 2019, TexReg 4875, eff. 9/15/2019