By Talton H.B. No. 416
76R1290 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees and penalties imposed by the Texas Cosmetology
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4(m), 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 (m) The commission by rule shall establish and assess on all
1-9 persons and entities licensed or regulated under this Act
1-10 reasonable and necessary fees as provided by [in amounts necessary
1-11 to administer] this Act.
1-12 SECTION 2. Section 10(d), Chapter 1036, Acts of the 62nd
1-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-14 Civil Statutes), is amended to read as follows:
1-15 (d) The applicant is entitled to an operator license if the
1-16 applicant possesses the qualifications enumerated in Subsection (b)
1-17 of this section, satisfactorily completes the examination, pays a
1-18 $35 [the] license fee [prescribed by the commission], and has not
1-19 committed an act that constitutes a ground for denial of a
1-20 license.
1-21 SECTION 3. Section 11(d), Chapter 1036, Acts of the 62nd
1-22 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-23 Civil Statutes), is amended to read as follows:
1-24 (d) The applicant is entitled to a manicurist license if the
2-1 applicant possesses the qualifications enumerated in Subsection (b)
2-2 of this section, satisfactorily completes the examination, pays a
2-3 $35 [the] license fee [prescribed by the commission], and has not
2-4 committed an act that constitutes a ground for denial of a license.
2-5 SECTION 4. Section 12(d), Chapter 1036, Acts of the 62nd
2-6 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-7 Civil Statutes), is amended to read as follows:
2-8 (d) The applicant is entitled to an instructor license if
2-9 the applicant possesses qualifications enumerated in Subsection (b)
2-10 of this section, satisfactorily completes the examination, pays a
2-11 $50 [the] license fee [prescribed by the commission], and has not
2-12 committed an act that constitutes a ground for denial of a license.
2-13 SECTION 5. Section 13(d), Chapter 1036, Acts of the 62nd
2-14 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-15 Civil Statutes), is amended to read as follows:
2-16 (d) The applicant is entitled to a specialty certificate if
2-17 the applicant possesses the qualifications enumerated in Subsection
2-18 (b) of this section, pays a $35 [the] certificate fee [prescribed
2-19 by the commission], and has not committed an act that constitutes a
2-20 ground for denial of a certificate.
2-21 SECTION 6. Section 13A(d), Chapter 1036, Acts of the 62nd
2-22 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 (d) The applicant is entitled to a facialist specialty
2-25 license if the applicant possesses the qualifications enumerated in
2-26 Subsection (b) of this section, satisfactorily completes the
2-27 examination, pays a $35 [the] license fee [prescribed by the
3-1 commission], and has not committed an act that constitutes a ground
3-2 for denial of a license.
3-3 SECTION 7. Section 15(b), Chapter 1036, Acts of the 62nd
3-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-5 Civil Statutes), is amended to read as follows:
3-6 (b) A temporary license shall be issued on submission of an
3-7 application form prescribed by the commission and payment of a $45
3-8 [the] temporary license fee [prescribed by the commission] if the
3-9 applicant meets the requirements of Subsection (a) of this
3-10 section.
3-11 SECTION 8. Section 16, Chapter 1036, Acts of the 62nd
3-12 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-13 Civil Statutes), is amended to read as follows:
3-14 Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. (a) A duplicate
3-15 license or certificate shall be issued upon application on a form
3-16 prescribed by the commission and on the payment of a $35 [the] fee
3-17 [prescribed by the commission].
3-18 (b) A transcript shall be given to licensees under this Act
3-19 upon application on a form prescribed by the commission and payment
3-20 of a $5 [the] fee [prescribed by the commission].
3-21 SECTION 9. Section 17(b), Chapter 1036, Acts of the 62nd
3-22 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-23 Civil Statutes), is amended to read as follows:
3-24 (b) The applicant shall submit an application on a form
3-25 prescribed by the commission and pay a $100 [the] fee [prescribed
3-26 by the commission], plus the applicable license or certification
3-27 fee.
4-1 SECTION 10. Section 18(b), 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 (b) A student permit shall be issued on submission of an
4-5 application form prescribed by the commission and payment of a $25
4-6 [the] fee [prescribed by the commission], which must accompany the
4-7 application.
4-8 SECTION 11. Sections 19(b) and (c), Chapter 1036, Acts of
4-9 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
4-10 Vernon's Texas Civil Statutes), are amended to read as follows:
4-11 (b) An applicant for a beauty shop license must submit an
4-12 application on a form prescribed by the commission. The
4-13 application must contain proof of the particular requisites for a
4-14 beauty shop as established by the commission and must be verified
4-15 by the applicant. With the application, the applicant must submit
4-16 a $35 [the] inspection fee [prescribed by the commission].
4-17 (c) The applicant is entitled to a beauty shop license if
4-18 the application shows compliance with the rules of the commission,
4-19 a $45 [the] license fee [prescribed by the commission] is paid, and
4-20 the applicant has not committed an act that constitutes a ground
4-21 for denial of a license.
4-22 SECTION 12. Sections 20(b) and (c), Chapter 1036, Acts of
4-23 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
4-24 Vernon's Texas Civil Statutes), are amended to read as follows:
4-25 (b) An applicant for a specialty shop license must submit an
4-26 application on a form prescribed by the commission. The
4-27 application must contain proof of the particular requisites for a
5-1 specialty shop as established by the commission and must be
5-2 verified by the applicant. With the application, the applicant
5-3 must submit a $35 [the] inspection fee [prescribed by the
5-4 commission].
5-5 (c) The applicant is entitled to a specialty shop license if
5-6 the application shows compliance with the rules and regulations of
5-7 the commission, a $45 [the] license fee [prescribed by the
5-8 commission] is paid, and the applicant has not committed an act
5-9 that constitutes a ground for denial of a license.
5-10 SECTION 13. Section 21(d), Chapter 1036, Acts of the 62nd
5-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-12 Civil Statutes), is amended to read as follows:
5-13 (d) Each application for a private beauty culture school
5-14 license must be accompanied by payment of a $500 [the] license fee
5-15 and a $200 inspection fee [prescribed by the commission]. Each
5-16 application for certification as a public secondary or public
5-17 postsecondary beauty culture school must be accompanied by a $200
5-18 [the] inspection fee [prescribed by the commission]. The
5-19 inspection fee is charged for each inspection trip required before
5-20 approval of the license or certificate.
5-21 SECTION 14. Section 21A(b), Chapter 1036, Acts of the 62nd
5-22 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-23 Civil Statutes), is amended to read as follows:
5-24 (b) The commission shall determine the amount of the fee by
5-25 applying a percentage to each school's annual renewal fee. The
5-26 percentage is the rate determined by the commission that, when
5-27 applied to the total of all renewal fees, will result in the
6-1 collection of $200,000 for deposit in the fund in the first three
6-2 years that the fee is collected. The fee assessed under this
6-3 section may not exceed $200 per year.
6-4 SECTION 15. Sections 33(e), (f), and (g), Chapter 1036, Acts
6-5 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
6-6 Vernon's Texas Civil Statutes), are amended to read as follows:
6-7 (e) A license that has been expired for less than 30 days
6-8 may be renewed. A renewal license shall be issued on submission of
6-9 a completed application form prescribed by the commission and
6-10 payment of the renewal fee, plus a $10 [the] delinquency fee
6-11 [prescribed by the commission].
6-12 (f) Except as provided by Subsection (h) of this section, a
6-13 license that has been expired for more than 30 days but less than
6-14 five years may be renewed. A renewal license shall be issued on
6-15 submission of an application, payment of the fee established by
6-16 this Act for each year the license has been expired, and payment of
6-17 a [the] delinquency fee [prescribed by the commission].
6-18 Delinquency fees under this subsection are:
6-19 (1) operator or specialty license $25;
6-20 (2) instructor license $50;
6-21 (3) manicurist license $25; and
6-22 (4) beauty or specialty salon license $35.
6-23 (g) An applicant for renewal of a license that has been
6-24 expired for more than five years shall be issued a license on
6-25 submission of an application, payment of the examination fee,
6-26 satisfactory completion of the examination, and payment of a $50
6-27 [the] reinstatement fee [prescribed by the commission].
7-1 SECTION 16. Section 34(a), Chapter 1036, Acts of the 62nd
7-2 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
7-3 Civil Statutes), is amended to read as follows:
7-4 (a) Renewal [The commission shall prescribe renewal] fees
7-5 under this Act are:
7-6 (1) operator or specialty license $35;
7-7 (2) instructor license $50;
7-8 (3) manicurist license $35;
7-9 (4) private beauty culture school license $200 per
7-10 year; and
7-11 (5) beauty or specialty shop license $45.
7-12 SECTION 17. Section 35A, Chapter 1036, Acts of the 62nd
7-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
7-14 Civil Statutes), is repealed.
7-15 SECTION 18. (a) The Texas Cosmetology Commission may not
7-16 impose an administrative penalty under Section 35A, Chapter 1036,
7-17 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
7-18 Vernon's Texas Civil Statutes), as that section existed prior to
7-19 repeal by this Act, against a person for violating that Act or a
7-20 rule or order adopted under that Act before the effective date of
7-21 this Act.
7-22 (b) A court in which a proceeding is pending to enforce an
7-23 administrative penalty under Section 35A, Chapter 1036, Acts of the
7-24 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
7-25 Texas Civil Statutes), shall dismiss the proceeding.
7-26 (c) The repeal of Section 35A, Chapter 1036, Acts of the
7-27 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
8-1 Texas Civil Statutes), by this Act does not:
8-2 (1) affect a final judgment of a court upholding an
8-3 administrative penalty under that section; or
8-4 (2) entitle a person who has paid an administrative
8-5 penalty under that section to a refund of the penalty.
8-6 SECTION 19. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended,
8-11 and that this Act take effect and be in force from and after its
8-12 passage, and it is so enacted.