By:  Wong                                                         H.B. No. 3149



A BILL TO BE ENTITLED

AN ACT

relating to providing for an inactive license status for a 
cosmetology licensee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 9, Chapter 1602 of the Occupations Code is 
amended by adding Section 1602.353 to read as follows:
	Sec. 1602.353.  INACTIVE LICENSE STATUS.  (a)  A cosmetology 
or cosmetology related licensee may request inactive status prior 
to the expiration date of a current license, but not later than the 
10th day prior to the expiration date, by submitting such request on 
a form provided by the commission.  Licensee shall also submit 
payment of the required biennial fee for inactive status.
	(b)  A licensee shall not be required to complete continuing 
education requirements while under inactive license status.
	(c)  Inactive license status shall be renewed biennially.               
	(d)  A person with inactive license status for the practice 
of cosmetology or as an instructor shall not perform, or attempt to 
perform, a practice of cosmetology.  A person with inactive license 
status for the practice of cosmetology or as an instructor shall not 
teach, or attempt to teach, for a private beauty school or a 
vocational cosmetology program in a public school.
	(e)  A person holding a beauty shop license or specialty shop 
License may not employ a person who acts as an operator or 
specialist if the person holds inactive license status.
	(f)  A person holding a school license who is in charge of a 
vocational cosmetology program in a public school may not employ a 
person who maintains an inactive license status as an instructor.
	(g)  A person with inactive license status may return to 
active license status for the practice of cosmetology or any 
cosmetology related activity if the person provides the following:
		(1)  Application for reinstatement of active license as 
required by the commission.
		(2)  Payment of active license fee at the time of 
application for reinstatement of active license.
		(3)  Documentation reflecting that the person has met 
all continuing education requirements for the current biennial 
renewal period.
	SECTION 2.  This Act takes effect September 1, 2005.