75R12432 JMM-D
By Ellis, et al. S.B. No. 1131
Substitute the following for S.B. No. 1131:
By Davila C.S.S.B. No. 1131
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of cosmetology;
1-3 providing an administrative penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(3), Chapter 1036, Acts of the 62nd
1-6 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (3) "Cosmetology" means the performing or doing, or
1-9 offering or attempting to do or perform for compensation, any of
1-10 the following acts, services, works, treatments, or undertakings:
1-11 (A) arranging, beautifying, bleaching, tinting,
1-12 cleansing, coloring, dressing, dyeing, processing, shampooing,
1-13 shaping, singeing, straightening, styling, waving, or otherwise
1-14 treating the hair as primary services, treatments, or undertaking
1-15 by any means or method, including any bobbing, clipping, cutting,
1-16 or trimming of the hair as a necessary incident preparatory or
1-17 ancillary to such primary services; cutting the hair as a primary
1-18 service, treatment, or undertaking and not as a necessary incident
1-19 preparatory or ancillary to those primary services enumerated in
1-20 this subdivision, or primarily engaging in the occupation of
1-21 cutting hair or practicing primarily as a haircutter by cutting
1-22 hair as a separate and independent service, treatment, or
1-23 undertaking for which haircut a charge is made, separate and apart
1-24 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. Section 4(l), Chapter 1036, Acts of the 62nd
2-23 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-24 Civil Statutes), as added by Chapter 777, Acts of the 73rd
2-25 Legislature, Regular Session, 1993, is redesignated as Subsection
2-26 (m) and amended to read as follows:
2-27 (m) [(l)] The commission by rule shall establish and assess
3-1 on all persons and entities licensed or regulated under this Act
3-2 reasonable and necessary fees in amounts necessary to administer
3-3 this Act.
3-4 SECTION 3. Section 9, Chapter 1036, Acts of the 62nd
3-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-6 Civil Statutes), is amended by adding Subsection (e) to read as
3-7 follows:
3-8 (e) A license or certificate issued under this Act is not
3-9 transferable.
3-10 SECTION 4. Section 10(d), Chapter 1036, Acts of the 62nd
3-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-12 Civil Statutes), is amended to read as follows:
3-13 (d) The applicant is entitled to an operator license if the
3-14 applicant [he] possesses the qualifications enumerated in
3-15 Subsection (b) of this section, satisfactorily completes the
3-16 examination, pays the [a $35] license fee prescribed by the
3-17 commission, and has not committed an act that constitutes a ground
3-18 for denial of a license.
3-19 SECTION 5. Section 11(d), Chapter 1036, Acts of the 62nd
3-20 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-21 Civil Statutes), is amended to read as follows:
3-22 (d) The applicant is entitled to a manicurist license if the
3-23 applicant [he] possesses the qualifications enumerated in
3-24 Subsection (b) of this section, satisfactorily completes the
3-25 examination, pays the [a $35] license fee prescribed by the
3-26 commission, and has not committed an act that constitutes a ground
3-27 for denial of a license.
4-1 SECTION 6. Section 12(d), Chapter 1036, Acts of the 62nd
4-2 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-3 Civil Statutes), is amended to read as follows:
4-4 (d) The applicant is entitled to an instructor license if
4-5 the applicant [he] possesses qualifications enumerated in
4-6 Subsection (b) of this section, satisfactorily completes the
4-7 examination, pays the [a $50] license fee prescribed by the
4-8 commission, and has not committed an act that constitutes a ground
4-9 for denial of a license.
4-10 SECTION 7. Section 13(d), Chapter 1036, Acts of the 62nd
4-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-12 Civil Statutes), is amended to read as follows:
4-13 (d) The applicant is entitled to a specialty certificate if
4-14 the applicant [he] possesses the qualifications enumerated in
4-15 Subsection (b) of this section, pays the [a $35] certificate fee
4-16 prescribed by the commission, and has not committed an act that
4-17 constitutes a ground for denial of a certificate.
4-18 SECTION 8. Section 13A(d), Chapter 1036, Acts of the 62nd
4-19 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-20 Civil Statutes), is amended to read as follows:
4-21 (d) The applicant is entitled to a facialist specialty
4-22 license if the applicant possesses the qualifications enumerated in
4-23 Subsection (b) of this section, satisfactorily completes the
4-24 examination, pays the [a $35] license fee prescribed by the
4-25 commission, and has not committed an act that constitutes a ground
4-26 for denial of a license.
4-27 SECTION 9. Section 15(b), Chapter 1036, Acts of the 62nd
5-1 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-2 Civil Statutes), is amended to read as follows:
5-3 (b) A temporary license shall be issued on submission of an
5-4 application form prescribed by the commission and payment of the [a
5-5 $45] temporary license fee prescribed by the commission if the
5-6 applicant meets the requirements of Subsection (a) of this section.
5-7 SECTION 10. Section 16, Chapter 1036, Acts of the 62nd
5-8 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-9 Civil Statutes), is amended to read as follows:
5-10 Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. (a) A duplicate
5-11 license or certificate shall be issued upon application on a form
5-12 prescribed by the commission and on the payment of the [a $35] fee
5-13 prescribed by the commission.
5-14 (b) A transcript shall be given to licensees under this Act
5-15 upon application on a form prescribed by the commission and payment
5-16 of the [a $5] fee prescribed by the commission.
5-17 SECTION 11. Section 17(b), Chapter 1036, Acts of the 62nd
5-18 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-19 Civil Statutes), is amended to read as follows:
5-20 (b) The applicant shall submit an application on a form
5-21 prescribed by the commission and pay the [a $100] fee prescribed by
5-22 the commission, plus the applicable license or certification fee.
5-23 SECTION 12. Section 18(b), Chapter 1036, Acts of the 62nd
5-24 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-25 Civil Statutes), is amended to read as follows:
5-26 (b) A student permit shall be issued on submission of an
5-27 application form prescribed by the commission and payment of the [a
6-1 $25] fee prescribed by the commission which must accompany the
6-2 application.
6-3 SECTION 13. Sections 19(b) and (c), Chapter 1036, Acts of
6-4 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
6-5 Vernon's Texas Civil Statutes), are amended to read as follows:
6-6 (b) An applicant for a beauty shop license must submit an
6-7 application on a form prescribed by the commission. The
6-8 application must contain proof of the particular requisites for a
6-9 beauty shop as established by the commission and must be verified
6-10 by the applicant. With the application, the applicant must submit
6-11 the [a $35] inspection fee prescribed by the commission.
6-12 (c) The applicant is entitled to a beauty shop license if
6-13 the application shows compliance with the rules of the commission,
6-14 the [a $45] license fee prescribed by the commission is paid, and
6-15 the applicant [he] has not committed an act that constitutes a
6-16 ground for denial of a license.
6-17 SECTION 14. Sections 20(b) and (c), Chapter 1036, Acts of
6-18 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
6-19 Vernon's Texas Civil Statutes), are amended to read as follows:
6-20 (b) An applicant for a specialty shop license must submit an
6-21 application on a form prescribed by the commission. The
6-22 application must contain proof of the particular requisites for a
6-23 specialty shop as established by the commission and must be
6-24 verified by the applicant. With the application, the applicant
6-25 must submit the [a $35] inspection fee prescribed by the
6-26 commission.
6-27 (c) The applicant is entitled to a specialty shop license if
7-1 the application shows compliance with the rules and regulations of
7-2 the commission, the [a $45] license fee prescribed by the
7-3 commission is paid, and the applicant [he] has not committed an act
7-4 that constitutes a ground for denial of a license.
7-5 SECTION 15. Section 21(d), Chapter 1036, Acts of the 62nd
7-6 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
7-7 Civil Statutes), is amended to read as follows:
7-8 (d) Each application for a private beauty culture school
7-9 license must be accompanied by payment of the [a $500] license fee
7-10 and [a $200] inspection fee prescribed by the commission. Each
7-11 application for certification as a public secondary or public
7-12 postsecondary beauty culture school must be accompanied by the [a
7-13 $200] inspection fee prescribed by the commission. The inspection
7-14 fee is charged for each inspection trip required before approval of
7-15 the license or certificate.
7-16 SECTION 16. Section 21A(b), Chapter 1036, Acts of the 62nd
7-17 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
7-18 Civil Statutes), is amended to read as follows:
7-19 (b) The commission shall determine the amount of the fee by
7-20 applying a percentage to each school's annual renewal fee. The
7-21 percentage is the rate determined by the commission that, when
7-22 applied to the total of all renewal fees, will result in the
7-23 collection of $200,000 for deposit in the fund in the first three
7-24 years that the fee is collected. [The fee assessed under this
7-25 section may not exceed $200 per year.]
7-26 SECTION 17. Section 29, Chapter 1036, Acts of the 62nd
7-27 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
8-1 Civil Statutes), is amended to read as follows:
8-2 Sec. 29. RIGHT OF ACCESS. The commission, an inspector, or
8-3 any duly authorized representative of the commission may enter the
8-4 premises of any licensee at any time during normal business hours
8-5 [and in such manner as not to interfere with the conduct or
8-6 operation of the business or school] to determine whether [or not]
8-7 the licensee is in compliance with this Act and the rules of the
8-8 commission.
8-9 SECTION 18. Section 31, Chapter 1036, Acts of the 62nd
8-10 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
8-11 Civil Statutes), is amended to read as follows:
8-12 Sec. 31. HEALTH CERTIFICATE. (a) Every applicant for an
8-13 original or renewal operator license, instructor license,
8-14 reciprocal license, or specialty certificate must submit a
8-15 certificate of health signed by a licensed physician or licensed
8-16 physician assistant, showing that the applicant is free, as
8-17 determined by an examination, from tuberculosis, hepatitis, or a
8-18 [any] contagious disease for which the applicant is not entitled to
8-19 protection under the Americans with Disabilities Act (42 U.S.C.
8-20 Section 12101 et seq.) [as determined by an examination that
8-21 included a tuberculosis test].
8-22 (b) Any physician or physician assistant who signs a health
8-23 certificate required by Subsection (a) of this section showing the
8-24 applicant to be free from a [any contagious] disease covered by
8-25 that subsection without having made the physical examination is
8-26 guilty of a misdemeanor, and on conviction may be fined not less
8-27 than $50 or more than $200.
9-1 SECTION 19. Section 32, Chapter 1036, Acts of the 62nd
9-2 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
9-3 Civil Statutes), is amended to read as follows:
9-4 Sec. 32. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A person
9-5 holding an operator, instructor, or specialty certificate may not
9-6 perform any practice of cosmetology knowing that he is suffering
9-7 from an infectious or contagious disease for which the person is
9-8 not entitled to protection under the Americans with Disabilities
9-9 Act (42 U.S.C. Section 12101 et seq.).
9-10 (b) A person holding a beauty or specialty shop license, a
9-11 private beauty culture school license, or a license to operate a
9-12 vocational cosmetology program in a public school may not employ
9-13 any person to perform any practice or practices of cosmetology
9-14 knowing that the licensee is suffering from an infectious or
9-15 contagious disease for which the person is not entitled to
9-16 protection under the Americans with Disabilities Act (42 U.S.C.
9-17 Section 12101 et seq.).
9-18 SECTION 20. Sections 33(e)-(g) and (i), Chapter 1036, Acts
9-19 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
9-20 Vernon's Texas Civil Statutes), are amended to read as follows:
9-21 (e) A license that has been expired for less than 30 days
9-22 may be renewed. A renewal license shall be issued on submission of
9-23 a completed application form prescribed by the commission and
9-24 payment of the renewal fee, plus the [a $10] delinquency fee
9-25 prescribed by the commission.
9-26 (f) Except as provided by Subsection (h) of this section, a
9-27 license that has been expired for more than 30 days but less than
10-1 five years may be renewed. A renewal license shall be issued on
10-2 submission of an application, payment of the fee established by
10-3 this Act for each year the license has been expired, and payment of
10-4 the [a] delinquency fee prescribed by the commission. [Delinquency
10-5 fees under this subsection are:]
10-6 [(1) operator or specialty license $25;]
10-7 [(2) instructor license $50;]
10-8 [(3) manicurist license $25; and]
10-9 [(4) beauty or specialty salon license $35.]
10-10 (g) An applicant for renewal of a license that has been
10-11 expired for more than five years shall be issued a license on
10-12 submission of an application, payment of the examination fee,
10-13 satisfactory completion of the examination, and payment of the [a
10-14 $50] reinstatement fee prescribed by the commission.
10-15 (i) An applicant for a license must have a high school
10-16 diploma, or the equivalent of a high school diploma, or have passed
10-17 an ability to benefit from training examination. [The commission
10-18 by rule shall establish the delinquency fee for a booth rental
10-19 license.]
10-20 SECTION 21. Section 34(a), Chapter 1036, Acts of the 62nd
10-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
10-22 Civil Statutes), is amended to read as follows:
10-23 (a) The commission shall prescribe renewal [Renewal] fees
10-24 under this Act [are:]
10-25 [(1) Operator or specialty license $35;]
10-26 [(2) Instructor license $50;]
10-27 [(3) Manicurist license $35;]
11-1 [(4) Private beauty school license $200 per year;
11-2 and]
11-3 [(5) Beauty or specialty shop license $45].
11-4 SECTION 22. Section 35, Chapter 1036, Acts of the 62nd
11-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
11-6 Civil Statutes), is amended to read as follows:
11-7 Sec. 35. VIOLATION. (a) If an inspector discovers a
11-8 violation of this Act or of a rule established by the commission,
11-9 the inspector [he] shall:
11-10 (1) give written notice of the violation on a form
11-11 prescribed by the commission to the violator;[,] and
11-12 (2) [if the violation is not corrected in 10 days from
11-13 the date of notice, the inspector shall] file a complaint with the
11-14 executive director.
11-15 (b) If a licensee commits a violation of this Act or a rule
11-16 adopted under this Act and the violation poses a serious threat to
11-17 the public health, the commission shall initiate [three or more
11-18 violations of a similar nature within any 12-month period,] a suit
11-19 for injunction and proceedings for suspension or revocation of the
11-20 license [shall be instituted].
11-21 SECTION 23. Chapter 1036, Acts of the 62nd Legislature,
11-22 Regular Session, 1971 (Article 8451a, Vernon's Texas Civil
11-23 Statutes), is amended by adding Section 35A to read as follows:
11-24 Sec. 35A. ADMINISTRATIVE PENALTY. (a) The commission may
11-25 impose an administrative penalty against a person licensed or
11-26 regulated under this Act who violates this Act or a rule or order
11-27 adopted under this Act.
12-1 (b) The penalty for a violation may be in an amount not to
12-2 exceed $1,000. Each day a violation continues or occurs is a
12-3 separate violation for purposes of imposing a penalty.
12-4 (c) The amount of the penalty shall be based on:
12-5 (1) the seriousness of the violation, including the
12-6 nature, circumstances, extent, and gravity of any prohibited acts,
12-7 and the hazard or potential hazard created to the health, safety,
12-8 or economic welfare of the public;
12-9 (2) the economic harm to property or the environment
12-10 caused by the violation;
12-11 (3) the history of previous violations;
12-12 (4) the amount necessary to deter future violations;
12-13 (5) efforts to correct the violation; and
12-14 (6) any other matter that justice may require.
12-15 (d) The executive director, on a determination that a
12-16 violation has occurred, may issue to the commission a report that
12-17 states the facts on which the determination is based and the
12-18 director's recommendation on the imposition of a penalty, including
12-19 a recommendation on the amount of the penalty.
12-20 (e) Within 14 days after the date the report is issued, the
12-21 executive director shall give written notice of the report to the
12-22 person. The notice may be given by certified mail. The notice
12-23 must include a brief summary of the alleged violation and a
12-24 statement of the amount of the recommended penalty and must inform
12-25 the person that the person has a right to a hearing on the
12-26 occurrence of the violation, the amount of the penalty, or both the
12-27 occurrence of the violation and the amount of the penalty.
13-1 (f) Within 20 days after the date the person receives the
13-2 notice, the person in writing may accept the determination and
13-3 recommended penalty of the executive director or may make a written
13-4 request for a hearing on the occurrence of the violation, the
13-5 amount of the penalty, or both the occurrence of the violation and
13-6 the amount of the penalty.
13-7 (g) If the person accepts the determination and recommended
13-8 penalty of the executive director, the commission by order shall
13-9 approve the determination and impose the recommended penalty.
13-10 (h) If the person requests a hearing or fails to respond
13-11 timely to the notice, the executive director shall set a hearing
13-12 and give notice of the hearing to the person. The hearing shall be
13-13 held by an administrative law judge of the State Office of
13-14 Administrative Hearings. The administrative law judge shall make
13-15 findings of fact and conclusions of law and promptly issue to the
13-16 commission a proposal for a decision about the occurrence of the
13-17 violation and the amount of a proposed penalty. Based on the
13-18 findings of fact, conclusions of law, and proposal for a decision,
13-19 the commission by order may find that a violation has occurred and
13-20 impose a penalty or may find that no violation occurred.
13-21 (i) The notice of the commission's order given to the person
13-22 under Chapter 2001, Government Code, must include a statement of
13-23 the right of the person to judicial review of the order.
13-24 (j) Within 30 days after the date the commission's order
13-25 becomes final as provided by Section 2001.144, Government Code, the
13-26 person shall:
13-27 (1) pay the amount of the penalty;
14-1 (2) pay the amount of the penalty and file a petition
14-2 for judicial review contesting the occurrence of the violation, the
14-3 amount of the penalty, or both the occurrence of the violation and
14-4 the amount of the penalty; or
14-5 (3) without paying the amount of the penalty, file a
14-6 petition for judicial review contesting the occurrence of the
14-7 violation, the amount of the penalty, or both the occurrence of the
14-8 violation and the amount of the penalty.
14-9 (k) Within the 30-day period, a person who acts under
14-10 Subsection (j)(3) of this section may:
14-11 (1) stay enforcement of the penalty by:
14-12 (A) paying the amount of the penalty to the
14-13 court for placement in an escrow account; or
14-14 (B) giving to the court a supersedeas bond that
14-15 is approved by the court for the amount of the penalty and that is
14-16 effective until all judicial review of the commission's order is
14-17 final; or
14-18 (2) request the court to stay enforcement of the
14-19 penalty by:
14-20 (A) filing with the court a sworn affidavit of
14-21 the person stating that the person is financially unable to pay the
14-22 amount of the penalty and is financially unable to give the
14-23 supersedeas bond; and
14-24 (B) giving a copy of the affidavit to the
14-25 executive director by certified mail.
14-26 (l) On receipt of a copy of an affidavit under Subsection
14-27 (k)(2) of this section, the executive director may file with the
15-1 court, within five days after the date the copy is received, a
15-2 contest to the affidavit. The court shall hold a hearing on the
15-3 facts alleged in the affidavit as soon as practicable and shall
15-4 stay the enforcement of the penalty on finding that the alleged
15-5 facts are true. The person who files an affidavit has the burden
15-6 of proving that the person is financially unable to pay the amount
15-7 of the penalty and to give a supersedeas bond.
15-8 (m) If the person does not pay the amount of the penalty and
15-9 the enforcement of the penalty is not stayed, the executive
15-10 director may refer the matter to the attorney general for
15-11 collection of the amount of the penalty.
15-12 (n) Judicial review of the order of the commission:
15-13 (1) is instituted by filing a petition as provided by
15-14 Subchapter G, Chapter 2001, Government Code; and
15-15 (2) is under the substantial evidence rule.
15-16 (o) If the court sustains the occurrence of the violation,
15-17 the court may uphold or reduce the amount of the penalty and order
15-18 the person to pay the full or reduced amount of the penalty. If
15-19 the court does not sustain the occurrence of the violation, the
15-20 court shall order that no penalty is owed.
15-21 (p) When the judgment of the court becomes final, the court
15-22 shall proceed under this subsection. If the person paid the amount
15-23 of the penalty and if that amount is reduced or is not upheld by
15-24 the court, the court shall order that the appropriate amount plus
15-25 accrued interest be remitted to the person. The rate of the
15-26 interest is the rate charged on loans to depository institutions by
15-27 the New York Federal Reserve Bank, and the interest shall be paid
16-1 for the period beginning on the date the penalty was paid and
16-2 ending on the date the penalty is remitted. If the person gave a
16-3 supersedeas bond and if the amount of the penalty is not upheld by
16-4 the court, the court shall order the release of the bond. If the
16-5 person gave a supersedeas bond and if the amount of the penalty is
16-6 reduced, the court shall order the release of the bond after the
16-7 person pays the amount.
16-8 (q) A penalty collected under this section shall be remitted
16-9 to the comptroller for deposit in the general revenue fund.
16-10 (r) All proceedings under this section are subject to
16-11 Chapter 2001, Government Code.
16-12 SECTION 24. Section 40, Chapter 1036, Acts of the 62nd
16-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
16-14 Civil Statutes), is amended to read as follows:
16-15 Sec. 40. CRIMINAL PENALTIES. (a) Any person who violates
16-16 this Act, except Section 31 of this Act, is guilty of a
16-17 misdemeanor, and on conviction is punishable by a fine of not less
16-18 than $100 nor more than $300.
16-19 (b) A licensee or certificate holder who violates this Act
16-20 is guilty of a misdemeanor and on conviction is punishable under
16-21 Subsection (a) of this section and is subject to the revocation or
16-22 suspension of the person's [his] license or certificate.
16-23 SECTION 25. Section 21C, Chapter 1036, Acts of the 62nd
16-24 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
16-25 Civil Statutes), is repealed.
16-26 SECTION 26. (a) This Act takes effect September 1, 1997.
16-27 (b) A specific fee amount prescribed in Chapter 1036, Acts
17-1 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
17-2 Vernon's Texas Civil Statutes), as that statute existed immediately
17-3 before the effective date of this Act, shall remain in effect until
17-4 superseded by a rule adopted by the Texas Cosmetology Commission
17-5 prescribing a different fee amount, and the former law is continued
17-6 in effect for that purpose.
17-7 SECTION 27. The importance of this legislation and the
17-8 crowded condition of the calendars in both houses create an
17-9 emergency and an imperative public necessity that the
17-10 constitutional rule requiring bills to be read on three several
17-11 days in each house be suspended, and this rule is hereby suspended.