HBA-DMD H.B. 416 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 416 By: Talton Public Health 2/9/1999 Introduced BACKGROUND AND PURPOSE The 75th legislature granted to the Texas Cosmetology Commission the authority to set fees for various cosmetology licenses and applications. H.B. 416 returns to the legislature the authority to set fees concerning various cosmetology licenses and applications. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Cosmetology Commission is modified in SECTION 1 (Section 4(m), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971, Article 8451a, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4(m), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), to require the Texas Cosmetology Commission (commission), by rule, to establish and assess reasonable and necessary fees as provided by this Act, rather than in amounts necessary to administer this Act. SECTION 2. Amends Section 10(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing an operator license fee of $35, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 3. Amends Section 11(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a manicurist license fee of $35, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 4. Amends Section 12(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing an instructor license fee of $50, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 5. Amends Section 13(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a specialty certificate fee of $35, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 6. Amends Section 13A(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a facialist specialty license fee of $35, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 7. Amends Section 15(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a temporary license fee of $45, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 8. Amends Section 16, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), as follows: Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. Establishes a duplicate license or certificate fee of $35 and transcript fee of $5, rather than allowing the commission to determine fees. Makes conforming changes. SECTION 9. Amends Section 17(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing an application fee of $100, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 10. Amends Section 18(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a student permit fee of $25, rather than allowing the commission to determine a fee. Makes conforming changes. SECTION 11. Amends Section 19(b) and (c), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a beauty shop license inspection fee of $35 and a license fee of $45, rather than allowing the commission to determine fees. Makes conforming changes. SECTION 12. Amends Section 20(b) and (c), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a specialty shop license inspection fee of $35 and a license fee of $45, rather than allowing the commission to determine fees. Makes conforming changes. SECTION 13. Amends Section 21(d), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a private beauty culture school license fee of $500 and an inspection fee of $200, rather than allowing the commission to determine fees. Makes conforming changes. SECTION 14. Amends Section 21A(b), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by prohibiting a beauty culture school's annual renewal fee from exceeding $200 per year. SECTION 15. Amends Section 33(e), (f), and (g), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing a delinquency fee of $10 for a license that has been expired for less than 30 days, rather than allowing the commission to determine a fee. Establishes that a delinquency fee for a license that has been expired for more than 30 days but less than five years is $25 for an operator or specialty license, $50 for an instructor license, $25 for a manicurist license, and $35 for a beauty or specialty salon license. Requires a reinstatement fee of $50 for renewal of a license that has been expired for more than five years. Makes conforming changes. SECTION 16. Amends Section 34(a), Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), by establishing renewal fees of $35 for an operator or specialty license, $50 for an instructor license, $35 for a manicurist license, $200 per year for a private beauty culture school license, and $45 for a beauty or specialty shop license. Makes a conforming change. SECTION 17. Repealer: Section 35A, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971, Article 8451a, V.T.C.S. (Administrative Penalty). SECTION 18. (a) Prohibits the commission from imposing an administrative penalty under Section 35A, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), as that section existed prior to repeal by this Act, against a person who violates that Act or a rule or order adopted under that Act before the effective date of this Act. (b) Requires a court to dismiss a pending proceeding to enforce an administrative penalty under Section 35A, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971, (Article 8451a, V.T.C.S.). (c) Establishes that the repeal of Section 35A, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971, (Article 8451a, V.T.C.S.), by this Act does not affect a final judgment of a court upholding an administrative penalty under that section or entitle a person who has paid an administrative penalty to a refund of the penalty. SECTION 19.Emergency clause. Effective date: upon passage.