1-1     By:  Ellis                                             S.B. No. 314
 1-2           (In the Senate - Filed January 29, 1999; February 2, 1999,
 1-3     read first time and referred to Committee on Health Services;
 1-4     March 4, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 4, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to health certificates required for certain licenses and
 1-9     certificates issued by the Texas Cosmetology Commission.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 31, Chapter 1036, Acts of the 62nd
1-12     Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-13     Civil Statutes), is amended to read as follows:
1-14           Sec. 31.  HEALTH CERTIFICATE.  (a)  Every applicant for an
1-15     original or renewal operator license, instructor license,
1-16     reciprocal license, or specialty certificate must submit a
1-17     certificate of health signed by a licensed physician, advanced
1-18     practice nurse, or licensed physician assistant, showing that the
1-19     applicant is free, as determined by an examination, from
1-20     tuberculosis[, hepatitis,] or a contagious disease for which the
1-21     applicant is not entitled to protection under the Americans with
1-22     Disabilities Act (42 U.S.C. Section 12101 et seq.).
1-23           (b)  Any physician, advanced practice nurse, or physician
1-24     assistant who signs a health certificate required by Subsection (a)
1-25     of this section showing the applicant to be free from a disease
1-26     covered by that subsection without having made the physical
1-27     examination is guilty of a misdemeanor, and on conviction may be
1-28     fined not less than $50 or more than $200.
1-29           SECTION 2.  This Act takes effect September 1, 1999, and
1-30     applies only to an application for a license or certificate or to
1-31     renewal of a license or certificate filed on or after that date.
1-32     An application filed before the effective date of this Act is
1-33     governed by the law in effect at the time the application was made,
1-34     and the former law is continued in effect for that purpose.
1-35           SECTION 3.  The importance of this legislation and the
1-36     crowded condition of the calendars in both houses create an
1-37     emergency and an imperative public necessity that the
1-38     constitutional rule requiring bills to be read on three several
1-39     days in each house be suspended, and this rule is hereby suspended.
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