BG C.S.S.B. 1131 75(R) BILL ANALYSIS PUBLIC HEALTH C.S.S.B. 1131 By: Ellis (Davila) April 24, 1997 Committee Report (Substituted) BACKGROUND The Texas Cosmetology Commission presently employs 16 inspectors throughout the state for the purpose of ensuring the public safety and health as it is affected by over 200,000 commission licensees. Over the past several years, the number of inspectors has dwindled from 32 to 16. Licensees deal with a myriad of areas such a manicures/pedicures, hair, educational programs, and numerous specialties within those major groups. The lack of administrative fining authority and insufficient inspectors has severely crippled the the commission's ability to adequately address the increasing problems arising from sub-standard nail salons throughout the state. The result has been growing customer dissatisfaction, additional client expense for appropriate medical care necessitated by harmful techniques, inability to prosecute violators, lax educational structures, forged licenses, and a growing multitude of unqualified personnel at such facilities. News footage and stories have aired in major networks in Houston, Dallas, San Antonio, El Paso, Beaumont, and Austin to highlight the growing problem. Customers have a better sense of what to expect and how to report suspected violations. However, the Texas Cosmetology Commission remains unable to ensure that non-compliant shops are meeting public demands for safe service. The commission remains without the resources to adequately monitor licensees or to effectively address operators and salons who do not practice within the existing commission guidelines. Further, the commission needs legislative intervention to bar non-compliant licensees from transferring their businesses to avoid taking responsibility for their actions. PURPOSE C.S.S.B. 1131 enhances the ability of the Texas Cosmetology Commission to protect public health by providing authority to issue administrative penalties, set license fees, and prohibit the transfer of licenses. RULEMAKING AUTHORITY It is the committee's opinion that this bill adds specification to existing rulemaking authority in SECTION 2 (Section 4(l), Article 8451a, Vernon's Texas Civil Statutes). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1(3)(g), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by adding hair "braiding" to the definition of cosmetology. SECTION 2. Amends Section 4(1), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) as added by Chapter 777, Acts of the 73rd Legislature, Regular Session, 1993 by redesignating Subsection (m) and adding language to clarify that the commission rules regarding assessments of license fees be "in amounts necessary to administer this Act." SECTION 3. Amends Section 9, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by adding Subsection (e) to establish that a license or certificate issued under this Act is not transferrable. SECTION 4. Amends Section 10(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 5. Amends Section 11(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 6. Amends Section 12(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 7. Amends Section 13(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 8. Amends Section 13A(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 9. Amends Section 15(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 10. Amends Section 16, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 11. Amends Section 17(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 12. Amends Section 18(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 13. Amends Section 19(b) and (c), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 14. Amends Sections 20(b) and (c), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 15. Amends Section 21(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language and removing the specified dollar amount of the license fees and instead adding the words "prescribed by the commission." SECTION 16. Amends Section 21A(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by removing the provision that fees assessed under this section may not exceed $200 per year. SECTION 17. Amends Section 29, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by removing language that specified the manner by which the premise of a licensee could be entered "as not to interfere with the conduct or operation of the business or school." Omits the words "or not" in reference to whether the licensee is in compliance. SECTION 18. Amends Section 31, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) to clarify that every applicant for a license must submit a health certificate signed by either a licensed physician or a licensed physician assistant. Revises language to clarify that the certificate should show that "as determined by an examination" the applicant is free from "tuberculosis, hepatitis, or a" contagious disease "for which the applicant is not entitled to protection under the Americans with Disabilities Act." Makes conforming language changes. SECTION 19. Amends Section 32, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) to add language complying with the Americans with Disabilities Act. SECTION 20. Amends Section 33, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) as follows: Subsections (e) - (g) remove the specified dollar amounts of the delinquency fee and adds the words "prescribed by the commission." Subsection (i) establishes that an applicant for a license must have a high school diploma or equivalent as specified. Omits reference to commission rule concerning a booth rental license. SECTION 21. Amends Section 34(a), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) to require the commission to prescribe the renewal fees. SECTION 22. Amends Section 35, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) as follows: Sec. 35. (a) replaces gender specific language, omits the conditional clause about a violation that is not corrected in 10 days, and makes conforming changes to create subdivisions. Subsection (b) clarifies language to require the commission to initiate a suit and proceedings as specified if a violation of this Act or a rule adopted under this Act is committed as specified and poses a serious threat to the public health. SECTION 23. Amends Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by adding Section 35A, entitled "Administrative Penalty," allowing the commission to impose an administrative penalty against someone licensed or regulated under this Act who violates this Act or a rule or order adopted under this Act. Sets forth standard procedures and considerations related to the assessment of administrative penalties as specified. SECTION 24. Amends Section 40, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) by replacing gender specific language. SECTION 25. Repeals Section 21C, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes). SECTION 26. Establishes that the effective date of this Act is September 1, 1997. Requires that specific fee amounts legally prescribed before the effective date remain in effect until superseded by a rule adopted by the Texas Cosmetology Commission as specified, and that the former law is continued in effect for that purpose. SECTION 27. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute bill renumbers sections from the original bill to conform with its new contents. CSSB 1131 adds a new SECTION 1 which expands the definition of cosmetology in Sec. 1(3), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes) to now include "hair braiding." SECTION 2 of CSSB 1131 is the same as the original bill's SECTION 1, renumbered to conform. SECTION 3 of the substitute bill, concerning the prohibition in the transferring of a license or certificate was originally SECTION 13. The substitute bill's SECTION 4 was originally SECTION 2 in SB 1331, except that the words "established by the commission" are revised to read "prescribed by the commission." This phrase has been conformed throughout the CSSB 1131. Subsequent substitute bill SECTIONS are all renumbered. Additionally, CSSB 1131 clarifies the commission's access to facilities for the purpose of inspection in Sec. 29 of the new SECTION 17. SECTION 18 of the substitute bill has been modified to provide that physician assistants as well as physicians may sign the required health certificate. Compliance with the Americans with Disabilities Act in the issuance of licenses by the commission is addressed in CSSB 1131's SECTION 18 and SECTION 19.