By: Ellis S.B. No. 314
A BILL TO BE ENTITLED
AN ACT
1-1 relating to health certificates required for certain licenses and
1-2 certificates issued by the Texas Cosmetology Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31, Chapter 1036, Acts of the 62nd
1-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 31. HEALTH CERTIFICATE. (a) Every applicant for an
1-8 original or renewal operator license, instructor license,
1-9 reciprocal license, or specialty certificate must submit a
1-10 certificate of health signed by a licensed physician, advanced
1-11 practice nurse, or licensed physician assistant, showing that the
1-12 applicant is free, as determined by an examination, from
1-13 tuberculosis[, hepatitis,] or a contagious disease for which the
1-14 applicant is not entitled to protection under the Americans with
1-15 Disabilities Act (42 U.S.C. Section 12101 et seq.).
1-16 (b) Any physician, advanced practice nurse, or physician
1-17 assistant who signs a health certificate required by Subsection
1-18 (a) of this section showing the applicant to be free from a
1-19 disease covered by that subsection without having made the physical
1-20 examination is guilty of a misdemeanor, and on conviction may be
1-21 fined not less than $50 or more than $200.
1-22 SECTION 2. This Act takes effect September 1, 1999, and
1-23 applies only to an application for a license or certificate or to
1-24 renewal of a license or certificate filed on or after that date.
2-1 An application filed before the effective date of this Act is
2-2 governed by the law in effect at the time the application was made,
2-3 and the former law is continued in effect for that purpose.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.