House Bill 705 | Effective: Vetoed |
House Author: Wilson | House Committee: Licensing & Administrative Procedures |
Senate Sponsor: Zaffirini | Senate Committee: Business & Commerce |
House Bill 705 amends the Occupations Code to enact and enter into the cosmetology licensure compact to facilitate the interstate practice and regulation of cosmetology with the goals of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. The bill sets out the compact's provisions and designates the Texas Department of Licensing and Regulation as the compact administrator for Texas.
Governor's Reason for Veto: "Enacting and enforcing laws are not just things that sovereign governments do; it is the very embodiment of sovereign power. Sovereign Power, BLACK'S LAW DICTIONARY (12th ed.). The 'power to create and enforce a legal code' is the most easily identified example of a State's sovereign interest. Alfred L. Snapp & Son, Inc. v. Puerto Rico, 458 U.S. 592, 601 (1982). House Bill No. 705 would cede Texas's sovereign power by subjecting it to a Cosmetology Licensure Compact comprised of other States. Under this proposal, Texas could 'enact and enforce laws' only if they are 'not inconsistent with' the Compact. The Compact Commission, meanwhile, could pass rules that 'shall have the force of law' in Texas, even though its Executive Committee might not include a Texan.
"While I appreciate that the bill's authors added language that attempts to protect state sovereignty, there is no guarantee that the Compact Commission will respect that language, or that it will refrain from making changes in the future that hurt Texans. That, of course, is the problem with giving away Texas sovereignty to others today—no one knows what they will do tomorrow. This cession of state power is also unnecessary. Out‑of‑state cosmetology licensees may already seek reciprocal licensing here. This session, the Legislature made it even easier for many practitioners by granting provisional licenses in Senate Bill No. 1818. If more changes are needed to better align Texas practice with national standards, there is a way to do that without surrendering state power: Pick and choose which rules to put in state law.
"Texans welcome good ideas, no matter where they come from. But in our republican form of government, Texas lawmakers must adopt the rules that will bind Texans. We should not ask some other sovereign—or a conglomerate of them—to do the lawmaking for us."