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.
1-40 * * * * *