TITLE 43. TRANSPORTATION

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 215. MOTOR VEHICLE DISTRIBUTION

SUBCHAPTER C. LICENSES, GENERALLY

43 TAC §215.83

INTRODUCTION. The Texas Department of Motor Vehicles adopts amendments to 43 TAC §215.83, concerning recognition of out-of-state licenses of military spouses. The department adopts amendments to §215.83 without changes to the proposed text as published in the August 23, 2019, issue of the Texas Register (44 TexReg 4460). The rules will not be republished.

REASONED JUSTIFICATION. The amendments to §215.83 are necessary to implement Senate Bill 1200, 86th Legislature, Regular Session (2019), which creates new Occupations Code, §55.0041, Recognition of Out-Of-State License of Military Spouse. Section 55.0041, authorizes military spouses to engage in a business or occupation in Texas for which a license is required, without applying for a required Texas license, if the applicable Texas licensing agency determines the military spouse is currently licensed in good standing by a jurisdiction with licensing requirements substantially equivalent to the relevant licensing requirements in Texas.

Section 215.83 adds subsection (j) to provide that military spouses are required to comply with Occupations Code, §55.0041 and this section to obtain authority to engage in the business or occupation in Texas for which a license from the department is otherwise required.

Section 215.83(j)(1) clarifies that the military spouse must submit documentation to the department to request authorization to engage in a business or occupation in Texas under Occupations Code, §55.0041. This documentation is necessary for the department to know which jurisdiction to contact for verification of the status of the military spouse's license, and to ensure the military spouse meets the qualification requirements of Occupations Code, §55.0041.

Section 215.83(j)(2) provides that upon the receipt of a military spouse's notice of intent to engage in business in a business or occupation for which the department requires a license, the department will determine whether the military spouse is currently licensed in good standing in another jurisdiction with substantially equivalent licensing requirements to Texas. Section 215.83(j)(2) subparagraphs (A) and (B), describe the process by which the department will verify that a military spouse is licensed and in good standing in a jurisdiction determined to have substantially equivalent licensing requirements.

Section 215.83(j)(3) implements the discretionary rulemaking authority in SB 1200, specifically new Occupations Code, §55.0041(f), which authorizes a state agency to adopt rules providing for the issuance of a license to a military spouse for whom the agency has confirmed licensure in good standing in a jurisdiction with substantially equivalent licensing requirements. The department's issuance of a license will help clarify that a military spouse authorized to practice a business or occupation in Texas, based on the department's confirmation under this section, and will be subject to the same requirements for maintaining a license as a licensee who was granted a license under the standard licensure application process.

SUMMARY OF COMMENT.

The department received one written comment from the Texas Independent Automobile Dealers Association expressing support of the rule as proposed.

Response. The department thanks the commenter for its support.

STATUTORY AUTHORITY. The amendments to §215.83 are adopted under Occupations Code, §§55.0041(e), 2301.153(8), and 2301.155; and Transportation Code, §1002.001.

Occupations Code, §55.0041(e) provides the board of the Texas Department of Motor Vehicles (board) specific authority to adopt this rule.

Occupations Code, §2301.153(8) and §2301.155 provides the board authority to adopt rules to administer Chapter 2301.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Occupations Code, §55.0041 and Chapter 2301.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904642

Tracey Beaver

General Counsel

Texas Department of Motor Vehicles

Effective date: December 29, 2019

Proposal publication date: August 23, 2019

For further information, please call: (512) 465-5665


CHAPTER 221. SALVAGE VEHICLE DEALERS, SALVAGE POOL OPERATORS AND SALVAGE VEHICLE REBUILDERS

SUBCHAPTER B. LICENSING

43 TAC §221.17

INTRODUCTION. The Texas Department of Motor Vehicles adopts amendments to 43 TAC §221.17, concerning recognition of out-of-state licenses of military spouses. The department adopts amendments to §221.17 without changes to the proposed text as published in the August 23, 2019, issue of the Texas Register (44 TexReg 4472). The amendments will not be republished.

REASONED JUSTIFICATION. The amendments are necessary to implement Senate Bill 1200, 86th Legislature, Regular Session (2019), which creates new Occupations Code, §55.0041, Recognition of Out-Of-State License of Military Spouse. Section 55.0041 authorizes military spouses to engage in a business or occupation in Texas for which a license is required, without applying for a required Texas license, if the applicable Texas licensing agency determines the military spouse is currently licensed in good standing by a jurisdiction with licensing requirements substantially equivalent to the relevant licensing requirements in Texas.

Section 221.17 renumbers subsections where appropriate.

Section 221.17(b) provides that military spouses are required to comply with Occupations Code, §55.0041 and this section to obtain authority to engage in the business or occupation in Texas for which a license from the department is otherwise required.

Section 221.17(b)(1) clarifies that the military spouse must submit documentation to the department to request authorization to engage in a business or occupation in Texas under Occupations Code, §55.0041. This documentation is necessary for the department to know which jurisdiction to contact for verification of the status of the military spouse's license, and to ensure the military spouse meets the qualification requirements of Occupations Code, §55.0041.

Section 221.17(b)(2) provides that upon the receipt of a military spouse's notice of intent to engage in a business or occupation for which department requires a license, the department will determine whether the military spouse is currently licensed in good standing in another jurisdiction with substantially equivalent licensing requirements to Texas. Subsection 221.17(b)(2), subparagraphs (A) and (B), describe the process by which the department will verify that a military spouse is licensed and in good standing in a jurisdiction determined to have substantially equivalent licensing requirements.

Section 221.17(b)(3) implements the discretionary rulemaking authority in SB 1200, specifically new Occupations Code, §55.0041(f), which authorizes a state agency to adopt rules providing for the issuance of a license to a military spouse for whom the agency has confirmed licensure in good standing in a jurisdiction with substantially equivalent licensing requirements. The department's issuance of a license will help clarify that a military spouse authorized to practice a business or occupation in Texas, based on the department's confirmation under this section, is entitled to a license and will be subject to the same requirements for maintaining a license as a licensee who was granted a license under the standard licensure application process.

SUMMARY OF COMMENTS.

No comments on the proposed amendments were received.

STATUTORY AUTHORITY. The amendments to §221.17 are adopted under Occupations Code, §55.0041(e) and §2302.051, and Transportation Code, §1002.001.

The amendments are adopted under the specific authority of Occupations Code, §55.0041(e)provides the board specific authority to adopt this rule.

Occupations Code, §2302.051 authorizes the board to adopt rules as necessary to administer Chapter 2302.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Occupations Code, §55.0041 and Chapter 2302.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904645

Tracey Beaver

General Counsel

Texas Department of Motor Vehicles

Effective date: December 29, 2019

Proposal publication date: August 23, 2019

For further information, please call: (512) 465-5665