Tex. Occ. Code Section 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previously held a license of the same type for which the person is applying and the license was revoked under Section 53.021 (Authority to Revoke, Suspend, or Deny License)(b);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 (Limitation on Judge-ordered Community Supervision), Code of Criminal Procedure;

(B)

a sexually violent offense, as defined by Article 62.001 (Definitions), Code of Criminal Procedure; or

(C)

an offense under Chapter 21 (Sexual Offenses) or 43 (Public Indecency), 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.

Source: Section 51.4041 — Alternative Qualifications for License, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­51.­htm#51.­4041 (accessed Jun. 5, 2024).

51.001
Definitions
51.002
Application of Sunset Act
51.003
Applicability
51.051
Texas Department of Licensing and Regulation
51.052
Appointment of Commission
51.053
Commission Membership
51.054
Training
51.055
Terms
51.056
Presiding Officer
51.057
Grounds for Removal
51.058
Compensation
51.059
Meetings
51.060
Civil Liability
51.101
Executive Director
51.103
Executive Director Powers and Duties
51.104
Personnel
51.105
Division of Responsibilities
51.106
Information on Standards of Conduct
51.107
Career Ladder Program
51.108
Equal Employment Opportunity Policy
51.201
General Powers and Duties of Commission
51.202
Fees
51.203
Rules Regarding Programs Regulated by Department
51.204
Rules Restricting Advertising or Competitive Bidding
51.207
Use of Technology
51.208
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
51.209
Advisory Boards
51.210
Method of Making Payments
51.211
Risk-based Inspections
51.251
Public Interest Information
51.252
Complaints
51.253
Public Participation
51.254
Confidentiality of Complaint and Disciplinary Information
51.255
Statistical Analysis of Complaints
51.301
Imposition of Penalty
51.302
Amount of Penalty
51.303
Notice of Violation and Penalty
51.304
Penalty to Be Paid or Hearing Requested
51.305
Hearing on Recommendations
51.306
Decision by Commission
51.307
Options Following Decision: Pay or Appeal
51.308
Collection of Penalty
51.309
Remittance of Penalty and Interest
51.310
Administrative Procedure
51.351
Inspections and Investigations
51.352
Injunctive Relief
51.353
License Denial
51.354
Right to Hearing
51.355
License Eligibility of Person Whose License Has Been Revoked
51.356
Deferred Adjudication
51.357
Restricted Licenses for Certain Occupations
51.358
Restricted License Term
51.359
Refund
51.401
License Expiration and Renewal
51.402
Examinations
51.403
Examination Fee Refund
51.405
Continuing Education
51.406
Staggered Renewal of Licenses
51.407
Temporary License
51.408
Emergency License
51.409
Financial Disclosure Statement
51.451
Definition
51.452
Telephone Information System
51.501
Telehealth
51.0535
Conflict of Interest
51.2031
Rules Regarding Health-related Programs
51.2032
Rules Regarding Podiatry
51.2095
Interdisciplinary Advisory Boards
51.2521
Complaint Investigation
51.3025
Imposition of Sanction
51.3511
Issuance of Emergency Orders
51.3512
Subpoenas
51.3513
Cease and Desist Order
51.4011
Inactive Status
51.4012
License Eligibility Requirements Regarding Applicant’s Background
51.4013
License Eligibility Requirements for Applicants with Military Experience
51.4014
License Application from Inmate
51.4041
Alternative Qualifications for License

Accessed:
Jun. 5, 2024

§ 51.4041’s source at texas​.gov