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