By Gutierrez H.B. No. 1197
76R3415 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to health certificates required for certain licenses and
1-3 certificates issued by the Texas Cosmetology Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31, 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 Sec. 31. HEALTH CERTIFICATE. (a) Every applicant for an
1-9 original or renewal operator license, instructor license,
1-10 reciprocal license, or specialty certificate must submit a
1-11 certificate of health signed by a licensed physician, advanced
1-12 practice nurse, or licensed physician assistant, showing that the
1-13 applicant is free, as determined by an examination, from
1-14 tuberculosis[, hepatitis,] or a contagious disease for which the
1-15 applicant is not entitled to protection under the Americans with
1-16 Disabilities Act (42 U.S.C. Section 12101 et seq.).
1-17 (b) Any physician, advanced practice nurse, or physician
1-18 assistant who signs a health certificate required by Subsection (a)
1-19 of this section showing the applicant to be free from a disease
1-20 covered by that subsection without having made the physical
1-21 examination is guilty of a misdemeanor, and on conviction may be
1-22 fined not less than $50 or more than $200.
1-23 SECTION 2. This Act takes effect September 1, 1999, and
1-24 applies only to an application for a license or certificate or to
2-1 renewal of a license or certificate filed on or after that date.
2-2 An application filed before the effective date of this Act is
2-3 governed by the law in effect at the time the application was made,
2-4 and the former law is continued in effect for that purpose.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.