AN ACT

 1-1     relating to the regulation of the practice of cosmetology;

 1-2     providing an administrative penalty.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subdivision (3), Section 1, Chapter 1036, Acts of

 1-5     the 62nd Legislature, Regular Session, 1971 (Article  8451a,

 1-6     Vernon's Texas Civil Statutes), is amended to read as follows:

 1-7                 (3)  "Cosmetology" means the performing or doing, or

 1-8     offering or attempting to do or perform for compensation, any of

 1-9     the following acts, services, works, treatments, or undertakings:

1-10                       (A)  arranging, beautifying, bleaching, tinting,

1-11     cleansing, coloring, dressing, dyeing, processing, shampooing,

1-12     shaping, singeing, straightening, styling, waving, or otherwise

1-13     treating the hair as primary services, treatments, or undertaking

1-14     by any means or method, including any bobbing, clipping, cutting,

1-15     or trimming of the hair as a necessary incident preparatory or

1-16     ancillary to such primary services;  cutting the hair as a primary

1-17     service, treatment, or undertaking and not as a necessary incident

1-18     preparatory or ancillary to those primary services enumerated in

1-19     this subdivision, or primarily engaging in the occupation of

1-20     cutting hair or practicing primarily as a haircutter by cutting

1-21     hair as a separate and independent service, treatment, or

1-22     undertaking for which haircut a charge is made, separate and apart

1-23     from any other service, treatment, or undertaking, directly or

 2-1     indirectly, or in any manner;

 2-2                       (B)  cleansing, stimulating, or massaging the

 2-3     scalp, face, neck, or arms by means of the hands, devices,

 2-4     apparatus, or appliances, with or without the use of cosmetic

 2-5     preparations, antiseptics, tonics, lotions, or creams;  beautifying

 2-6     the face, neck, or arms by use of cosmetic preparations,

 2-7     antiseptics, tonics, lotions, powders, oils, clays, creams, or

 2-8     appliances;

 2-9                       (C)  removing superfluous hair from the body by

2-10     the use of depilatories or mechanical tweezers;

2-11                       (D)  cutting, trimming, polishing, tinting,

2-12     coloring, cleansing, or manicuring the nails of any person; or

2-13     attaching false nails or massaging, cleansing, treating, or

2-14     beautifying the hands or feet of any person;

2-15                       (E)  servicing a wig or artificial hairpiece

2-16     either on a human head or on a block subsequent to the initial

2-17     retail sale and servicing by any of the practices enumerated in

2-18     Paragraph (A) of this subdivision;

2-19                       (F)  administering facial treatments;

2-20                       (G)  hair weaving or braiding; or

2-21                       (H)  shampooing and conditioning hair.

2-22           SECTION 2.  Subsection (l), Section 4, Chapter 1036, Acts of

2-23     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

2-24     Vernon's Texas Civil Statutes), as added by Chapter 777, Acts of

2-25     the 73rd Legislature, 1993, is redesignated as Subsection (m) and

 3-1     amended to read as follows:

 3-2           (m) [(l)]  The commission by rule shall establish and assess

 3-3     on all persons and entities licensed or regulated under this Act

 3-4     reasonable and necessary fees in amounts necessary to administer

 3-5     this Act.

 3-6           SECTION 3.  Section 9, Chapter 1036, Acts of the 62nd

 3-7     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

 3-8     Civil Statutes), is amended by adding Subsection (e) to read as

 3-9     follows:

3-10           (e)  A license or certificate issued under this Act is not

3-11     transferable.

3-12           SECTION 4.  Subsection (d), Section 10, Chapter 1036, Acts of

3-13     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

3-14     Vernon's Texas Civil Statutes), is amended to read as follows:

3-15           (d)  The applicant is entitled to an operator license if the

3-16     applicant [he] possesses the qualifications enumerated in

3-17     Subsection (b) of this section, satisfactorily completes the

3-18     examination, pays the [a $35] license fee prescribed by the

3-19     commission, and has not committed an act that constitutes a ground

3-20     for denial of a license.

3-21           SECTION 5.  Subsection (d), Section 11, Chapter 1036, Acts of

3-22     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

3-23     Vernon's Texas Civil Statutes), is amended to read as follows:

3-24           (d)  The applicant is entitled to a manicurist license if the

3-25     applicant [he] possesses the qualifications enumerated in

 4-1     Subsection (b) of this section, satisfactorily completes the

 4-2     examination, pays the [a $35] license fee prescribed by the

 4-3     commission, and has not committed an act that constitutes a ground

 4-4     for denial of a license.

 4-5           SECTION 6.  Subsection (d), Section 12, Chapter 1036, Acts of

 4-6     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

 4-7     Vernon's Texas Civil Statutes), is amended to read as follows:

 4-8           (d)  The applicant is entitled to an instructor license if

 4-9     the applicant [he] possesses qualifications enumerated in

4-10     Subsection (b) of this section, satisfactorily completes the

4-11     examination, pays the [a $50] license fee prescribed by the

4-12     commission, and has not committed an act that constitutes a ground

4-13     for denial of a license.

4-14           SECTION 7.  Subsection (d), Section 13, Chapter 1036, Acts of

4-15     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

4-16     Vernon's Texas Civil Statutes), is amended to read as follows:

4-17           (d)  The applicant is entitled to a specialty certificate if

4-18     the applicant [he] possesses the qualifications enumerated in

4-19     Subsection (b) of this section, pays the [a $35] certificate fee

4-20     prescribed by the commission, and has not committed an act that

4-21     constitutes a ground for denial of a certificate.

4-22           SECTION 8.  Subsection (d), Section 13A, Chapter 1036, Acts

4-23     of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

4-24     Vernon's Texas Civil Statutes), is amended to read as follows:

4-25           (d)  The applicant is entitled to a facialist specialty

 5-1     license if the applicant possesses the qualifications enumerated in

 5-2     Subsection (b) of this section, satisfactorily completes the

 5-3     examination, pays the [a $35] license fee prescribed by the

 5-4     commission, and has not committed an act that constitutes a ground

 5-5     for denial of a license.

 5-6           SECTION 9.  Subsection (b), Section 15, Chapter 1036, Acts of

 5-7     the 62nd Legislature, Regular Session, 1971 (Article 8451a,

 5-8     Vernon's Texas Civil Statutes), is amended to read as follows:

 5-9           (b)  A temporary license shall be issued on submission of an

5-10     application form prescribed by the commission and payment of the [a

5-11     $45] temporary license fee prescribed by the commission if the

5-12     applicant meets the requirements of Subsection (a) of this section.

5-13           SECTION 10.  Section 16, Chapter 1036, Acts of the 62nd

5-14     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

5-15     Civil Statutes), is amended to read as follows:

5-16           Sec. 16. DUPLICATE LICENSE OR CERTIFICATE.  (a)  A duplicate

5-17     license or certificate shall be issued upon application on a form

5-18     prescribed by the commission and on the payment of the [a $35] fee

5-19     prescribed by the commission.

5-20           (b)  A transcript shall be given to licensees under this Act

5-21     upon application on a form prescribed by the commission and payment

5-22     of the [a $5] fee prescribed by the commission.

5-23           SECTION 11.  Subsection (b), Section 17, Chapter 1036, Acts

5-24     of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

5-25     Vernon's Texas Civil Statutes), is amended to read as follows:

 6-1           (b)  The applicant shall submit an application on a form

 6-2     prescribed by the commission and pay the [a $100] fee prescribed by

 6-3     the commission, plus the applicable license or certification fee.

 6-4           SECTION 12.  Subsection (b), Section 18, Chapter 1036, Acts

 6-5     of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

 6-6     Vernon's Texas Civil Statutes), is amended to read as follows:

 6-7           (b)  A student permit shall be issued on submission of an

 6-8     application form prescribed by the commission and payment of the [a

 6-9     $25] fee prescribed by the commission, which must accompany the

6-10     application.

6-11           SECTION 13.  Subsections (b) and (c), Section 19, Chapter

6-12     1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article

6-13     8451a, Vernon's Texas Civil Statutes), are amended to read as

6-14     follows:

6-15           (b)  An applicant for a beauty shop license must submit an

6-16     application on a form prescribed by the commission.  The

6-17     application must contain proof of the particular requisites for a

6-18     beauty shop as established by the commission and must be verified

6-19     by the applicant.  With the application, the applicant must submit

6-20     the [a $35] inspection fee prescribed by the commission.

6-21           (c)  The applicant is entitled to a beauty shop license if

6-22     the application shows compliance with the rules of the commission,

6-23     the [a $45] license fee prescribed by the commission is paid, and

6-24     the applicant [he] has not committed an act that constitutes a

6-25     ground for denial of a license.

 7-1           SECTION 14.  Subsections (b) and (c), Section 20, Chapter

 7-2     1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article

 7-3     8451a, Vernon's Texas Civil Statutes), are amended to read as

 7-4     follows:

 7-5           (b)  An applicant for a specialty shop license must submit an

 7-6     application on a form prescribed by the commission.  The

 7-7     application must contain proof of the particular requisites for a

 7-8     specialty shop as established by the commission and must be

 7-9     verified by the applicant.  With the application, the applicant

7-10     must submit the [a $35] inspection fee prescribed by the

7-11     commission.

7-12           (c)  The applicant is entitled to a specialty shop license if

7-13     the application shows compliance with the rules and regulations of

7-14     the commission, the [a $45] license fee prescribed by the

7-15     commission is paid, and the applicant [he] has not committed an act

7-16     that constitutes a ground for denial of a license.

7-17           SECTION 15.  Subsection (d), Section 21, Chapter 1036, Acts

7-18     of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

7-19     Vernon's Texas Civil Statutes), is amended to read as follows:

7-20           (d)  Each application for a private beauty culture school

7-21     license must be accompanied by payment of the [a $500] license fee

7-22     and [a $200] inspection fee prescribed by the commission.  Each

7-23     application for certification as a public secondary or public

7-24     postsecondary beauty culture school must be accompanied by the [a

7-25     $200] inspection fee prescribed by the commission.  The inspection

 8-1     fee is charged for each inspection trip required before approval of

 8-2     the license or certificate.

 8-3           SECTION 16.  Subsection (b), Section 21A, Chapter 1036, Acts

 8-4     of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

 8-5     Vernon's Texas Civil Statutes), is amended to read as follows:

 8-6           (b)  The commission shall determine the amount of the fee by

 8-7     applying a percentage to each school's annual renewal fee.  The

 8-8     percentage is the rate determined by the commission that, when

 8-9     applied to the total of all renewal fees, will result in the

8-10     collection of $200,000 for deposit in the fund in the first three

8-11     years that the fee is collected.  [The fee assessed under this

8-12     section may not exceed $200 per year.]

8-13           SECTION 17.  Section 29, Chapter 1036, Acts of the 62nd

8-14     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

8-15     Civil Statutes), is amended to read as follows:

8-16           Sec. 29.  RIGHT OF ACCESS.  The commission, an inspector, or

8-17     any duly authorized representative of the commission may enter the

8-18     premises of any licensee at any time during normal business hours

8-19     [and in such manner as not to interfere with the conduct or

8-20     operation of the business or school] to determine whether [or not]

8-21     the licensee is in compliance with this Act and the rules of the

8-22     commission.

8-23           SECTION 18.  Section 31, Chapter 1036, Acts of the 62nd

8-24     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

8-25     Civil Statutes), is amended to read as follows:

 9-1           Sec. 31.  HEALTH CERTIFICATE.  (a)  Every applicant for an

 9-2     original or renewal operator license, instructor license,

 9-3     reciprocal license, or specialty certificate must submit a

 9-4     certificate of health signed by a licensed physician or licensed

 9-5     physician assistant, showing that the applicant is free, as

 9-6     determined by an examination, from tuberculosis, hepatitis, or a

 9-7     [any] contagious disease for which the applicant is not entitled to

 9-8     protection under the Americans with Disabilities Act (42 U.S.C.

 9-9     Section 12101 et seq.) [as determined by an examination that

9-10     included a tuberculosis test].

9-11           (b)  Any physician or physician assistant who signs a health

9-12     certificate required by Subsection (a) of this section showing the

9-13     applicant to be free from a [any contagious] disease covered by

9-14     that subsection without having made the physical examination is

9-15     guilty of a misdemeanor, and on conviction may be fined not less

9-16     than $50 or more than $200.

9-17           SECTION 19.  Section 32, Chapter 1036, Acts of the 62nd

9-18     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

9-19     Civil Statutes), is amended to read as follows:

9-20           Sec. 32.  INFECTIOUS AND CONTAGIOUS DISEASES.  (a)  A person

9-21     holding an operator, instructor, or specialty certificate may not

9-22     perform any practice of cosmetology knowing that he is suffering

9-23     from an infectious or contagious disease for which the person is

9-24     not entitled to protection under the Americans with Disabilities

9-25     Act (42 U.S.C. Section 12101 et seq.).

 10-1          (b)  A person holding a beauty or specialty shop license, a

 10-2    private beauty culture school license, or a license to operate a

 10-3    vocational cosmetology program in a public school may not employ

 10-4    any person to perform any practice or practices of cosmetology

 10-5    knowing that the licensee is suffering from an infectious or

 10-6    contagious disease for which the person is not entitled to

 10-7    protection under the Americans with Disabilities Act (42 U.S.C.

 10-8    Section 12101 et seq.).

 10-9          SECTION 20.  Subsections (e), (f), (g), and (i), Section 33,

10-10    Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971

10-11    (Article 8451a, Vernon's Texas Civil Statutes), are amended to read

10-12    as follows:

10-13          (e)  A license that has been expired for less than 30 days

10-14    may be renewed.  A renewal license shall be issued on submission of

10-15    a completed application form prescribed by the commission and

10-16    payment of the renewal fee, plus the [a $10] delinquency fee

10-17    prescribed by the commission.

10-18          (f)  Except as provided by Subsection (h) of this section, a

10-19    license that has been expired for more than 30 days but less than

10-20    five years may be renewed.  A renewal license shall be issued on

10-21    submission of an application, payment of the fee established by

10-22    this Act for each year the license has been expired, and payment of

10-23    the [a] delinquency fee prescribed by the commission.  [Delinquency

10-24    fees under this subsection are:]

10-25                [(1)  operator or specialty license            $25;]    

 11-1                [(2)  instructor license                       $50;]    

 11-2                [(3)  manicurist license                   $25; and]    

 11-3                [(4)  beauty or specialty salon license       $35.]    

 11-4          (g)  An applicant for renewal of a license that has been

 11-5    expired for more than five years shall be issued a license on

 11-6    submission of an application, payment of the examination fee,

 11-7    satisfactory completion of the examination, and payment of the [a

 11-8    $50] reinstatement fee prescribed by the commission.

 11-9          (i)  An applicant for first renewal of a license must have a

11-10    high school diploma, or the equivalent of a high school diploma, or

11-11    have passed an ability to benefit from training examination.  [The

11-12    commission by rule shall establish the delinquency fee for a booth

11-13    rental license.]

11-14          SECTION 21.  Subsection (a), Section 34, Chapter 1036, Acts

11-15    of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

11-16    Vernon's Texas Civil Statutes), is amended to read as follows:

11-17          (a)  The commission shall prescribe renewal [Renewal] fees

11-18    under this Act [are:]

11-19                [(1)  Operator or specialty license                $35;]

11-20                [(2)  Instructor license                           $50;]

11-21                [(3)  Manicurist license                           $35;]

11-22                [(4)  Private beauty school license  $200 per year; and]

11-23                [(5)  Beauty or specialty shop license            $45].

11-24          SECTION 22.  Section 35, Chapter 1036, Acts of the 62nd

11-25    Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

 12-1    Civil Statutes), is amended to read as follows:

 12-2          Sec. 35.  VIOLATION.  (a)  If an inspector discovers a

 12-3    violation of this Act or of a rule established by the commission,

 12-4    the inspector [he] shall:

 12-5                (1)  give written notice of the violation on a form

 12-6    prescribed by the commission to the violator;[,] and

 12-7                (2)  [if the violation is not corrected in 10 days from

 12-8    the date of notice, the inspector shall] file a complaint with the

 12-9    executive director.

12-10          (b)  If a licensee commits a violation of this Act or a rule

12-11    adopted under this Act and the violation poses a serious threat to

12-12    the public health, the commission shall initiate [three or more

12-13    violations of a similar nature within any 12-month period,] a suit

12-14    for injunction and proceedings for suspension or revocation of the

12-15    license [shall be instituted].

12-16          SECTION 23.  Chapter 1036, Acts of the 62nd Legislature,

12-17    Regular Session, 1971 (Article 8451a, Vernon's Texas Civil

12-18    Statutes), is amended by adding Section 35A to read as follows:

12-19          Sec. 35A.  ADMINISTRATIVE PENALTY.  (a)  The commission may

12-20    impose an administrative penalty against a person licensed or

12-21    regulated under this Act who violates this Act or a rule or order

12-22    adopted under this Act.

12-23          (b)  The penalty for a violation may be in an amount not to

12-24    exceed $1,000.  Each day a violation continues or occurs is a

12-25    separate violation for purposes of imposing a penalty.

 13-1          (c)  The amount of the penalty shall be based on:

 13-2                (1)  the seriousness of the violation, including the

 13-3    nature, circumstances, extent, and gravity of any prohibited acts,

 13-4    and the hazard or potential hazard created to the health, safety,

 13-5    or economic welfare of the public;

 13-6                (2)  the economic harm to property or the environment

 13-7    caused by the violation;

 13-8                (3)  the history of previous violations;

 13-9                (4)  the amount necessary to deter future violations;

13-10                (5)  efforts to correct the violation; and

13-11                (6)  any other matter that justice may require.

13-12          (d)  The executive director, on a determination that a

13-13    violation has occurred, may issue to the commission a report that

13-14    states the facts on which the determination is based and the

13-15    director's recommendation on the imposition of a penalty, including

13-16    a recommendation on the amount of the penalty.

13-17          (e)  Within 14 days after the date the report is issued, the

13-18    executive director shall give written notice of the report to the

13-19    person.  The notice may be given by certified mail.  The notice

13-20    must include a brief summary of the alleged violation and a

13-21    statement of the amount of the recommended penalty and must inform

13-22    the person that the person has a right to a hearing on the

13-23    occurrence of the violation, the amount of the penalty, or both the

13-24    occurrence of the violation and the amount of the penalty.

13-25          (f)  Within 20 days after the date the person receives the

 14-1    notice, the person in writing may accept the determination and

 14-2    recommended penalty of the executive director or may make a written

 14-3    request for a hearing on the occurrence of the violation, the

 14-4    amount of the penalty, or both the occurrence of the violation and

 14-5    the amount of the penalty.

 14-6          (g)  If the person accepts the determination and recommended

 14-7    penalty of the executive director, the commission by order shall

 14-8    approve the determination and impose the recommended penalty.

 14-9          (h)  If the person requests a hearing or fails to respond

14-10    timely to the notice, the executive director shall set a hearing

14-11    and give notice of the hearing to the person.  The hearing shall be

14-12    held by an administrative law judge of the State Office of

14-13    Administrative Hearings.  The administrative law judge shall make

14-14    findings of fact and conclusions of law and promptly issue to the

14-15    commission a proposal for a decision about the occurrence of the

14-16    violation and the amount of a proposed penalty.  Based on the

14-17    findings of fact, conclusions of law, and proposal for a decision,

14-18    the commission by order may find that a violation has occurred and

14-19    impose a penalty or may find that no violation occurred.

14-20          (i)  The notice of the commission's order given to the person

14-21    under Chapter 2001, Government Code, must include a statement of

14-22    the right of the person to judicial review of the order.

14-23          (j)  Within 30 days after the date the commission's order

14-24    becomes final as provided by Section 2001.144, Government Code, the

14-25    person shall:

 15-1                (1)  pay the amount of the penalty;

 15-2                (2)  pay the amount of the penalty and file a petition

 15-3    for judicial review contesting the occurrence of the violation, the

 15-4    amount of the penalty, or both the occurrence of the violation and

 15-5    the amount of the penalty; or

 15-6                (3)  without paying the amount of the penalty, file a

 15-7    petition for judicial review contesting the occurrence of the

 15-8    violation, the amount of the penalty, or both the occurrence of the

 15-9    violation and the amount of the penalty.

15-10          (k)  Within the 30-day period, a person who acts under

15-11    Subsection (j)(3) of this section may:

15-12                (1)  stay enforcement of the penalty by:

15-13                      (A)  paying the amount of the penalty to the

15-14    court for placement in an escrow account; or

15-15                      (B)  giving to the court a supersedeas bond that

15-16    is approved by the court for the amount of the penalty and that is

15-17    effective until all judicial review of the commission's order is

15-18    final; or

15-19                (2)  request the court to stay enforcement of the

15-20    penalty by:

15-21                      (A)  filing with the court a sworn affidavit of

15-22    the person stating that the person is financially unable to pay the

15-23    amount of the penalty and is financially unable to give the

15-24    supersedeas bond; and

15-25                      (B)  giving a copy of the affidavit to the

 16-1    executive director by certified mail.

 16-2          (l)  On receipt of a copy of an affidavit under Subsection

 16-3    (k)(2) of this section, the executive director may file with the

 16-4    court, within five days after the date the copy is received, a

 16-5    contest to the affidavit.  The court shall hold a hearing on the

 16-6    facts alleged in the affidavit as soon as practicable and shall

 16-7    stay the enforcement of the penalty on finding that the alleged

 16-8    facts are true.  The person who files an affidavit has the burden

 16-9    of proving that the person is financially unable to pay the amount

16-10    of the penalty and to give a supersedeas bond.

16-11          (m)  If the person does not pay the amount of the penalty and

16-12    the enforcement of the penalty is not stayed, the executive

16-13    director may refer the matter to the attorney general for

16-14    collection of the amount of the penalty.

16-15          (n)  Judicial review of the order of the commission:

16-16                (1)  is instituted by filing a petition as provided by

16-17    Subchapter G, Chapter 2001, Government Code; and

16-18                (2)  is under the substantial evidence rule.

16-19          (o)  If the court sustains the occurrence of the violation,

16-20    the court may uphold or reduce the amount of the penalty and order

16-21    the person to pay the full or reduced amount of the penalty.  If

16-22    the court does not sustain the occurrence of the violation, the

16-23    court shall order that no penalty is owed.

16-24          (p)  When the judgment of the court becomes final, the court

16-25    shall proceed under this subsection.  If the person paid the amount

 17-1    of the penalty and if that amount is reduced or is not upheld by

 17-2    the court, the court shall order that the appropriate amount plus

 17-3    accrued interest be remitted to the person.  The rate of the

 17-4    interest is the rate charged on loans to depository institutions by

 17-5    the New York Federal Reserve Bank, and the interest shall be paid

 17-6    for the period beginning on the date the penalty was paid and

 17-7    ending on the date the penalty is remitted.  If the person gave a

 17-8    supersedeas bond and if the amount of the penalty is not upheld by

 17-9    the court, the court shall order the release of the bond.  If the

17-10    person gave a supersedeas bond and if the amount of the penalty is

17-11    reduced, the court shall order the release of the bond after the

17-12    person pays the amount.

17-13          (q)  A penalty collected under this section shall be remitted

17-14    to the comptroller for deposit in the general revenue fund.

17-15          (r)  All proceedings under this section are subject to

17-16    Chapter 2001, Government Code.

17-17          SECTION 24.  Section 40, Chapter 1036, Acts of the 62nd

17-18    Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

17-19    Civil Statutes), is amended to read as follows:

17-20          Sec. 40.  CRIMINAL PENALTIES.  (a)  Any person who violates

17-21    this Act, except Section 31 of this Act, is guilty of a

17-22    misdemeanor, and on conviction is punishable by a fine of not less

17-23    than $100 nor more than $300.

17-24          (b)  A licensee or certificate holder who violates this Act

17-25    is guilty of a misdemeanor and on conviction is punishable under

 18-1    Subsection (a) of this section and is subject to the revocation or

 18-2    suspension of the person's [his] license or certificate.

 18-3          SECTION 25.  Section 21C, Chapter 1036, Acts of the 62nd

 18-4    Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

 18-5    Civil Statutes), is repealed.

 18-6          SECTION 26.  (a)  This Act takes effect September 1, 1997.

 18-7          (b)  A specific fee amount prescribed in Chapter 1036, Acts

 18-8    of the 62nd Legislature, Regular Session, 1971 (Article 8451a,

 18-9    Vernon's Texas Civil Statutes), as that statute existed immediately

18-10    before the effective date of this Act, shall remain in effect until

18-11    superseded by a rule adopted by the Texas Cosmetology Commission

18-12    prescribing a different fee amount, and the former law is continued

18-13    in effect for that purpose.

18-14          SECTION 27.  The importance of this legislation and the

18-15    crowded condition of the calendars in both houses create an

18-16    emergency and an imperative public necessity that the

18-17    constitutional rule requiring bills to be read on three several

18-18    days in each house be suspended, and this rule is hereby suspended.

                                                               S.B. No. 1131

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1131 passed the Senate on

         April 11, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendments on May 10, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1131 passed the House, with

         amendments, on May 7, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor