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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Licensing and |
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Regulation to issue certain enforcement orders in the regulation of |
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barbering and cosmetology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 1603, Occupations Code, is |
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amended by adding Sections 1603.455 and 1603.456 to read as |
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follows: |
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Sec. 1603.455. EMERGENCY ORDERS. (a) The executive |
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director may issue an emergency order to suspend or revoke a license |
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or permit issued, or to cease the operation of an unsafe facility |
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regulated, by the department under this title if the executive |
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director determines that an emergency exists requiring immediate |
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action to protect the public health and safety. |
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(b) The executive director may issue the emergency order |
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with or without notice and hearing as the executive director |
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considers practicable under the circumstances. |
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(c) If an emergency order is issued under this section |
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without a hearing, the executive director, not later than the 10th |
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day after the date the emergency order was issued, shall set the |
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time and place for a hearing conducted by the State Office of |
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Administrative Hearings to affirm, modify, or set aside the |
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emergency order. The executive director shall set the hearing for a |
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date not later than the 30th day after the date the time and place |
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for the hearing are set. The hearing examiner shall affirm the |
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order to the extent that reasonable cause existed to issue the |
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order. |
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(d) The commission by rule may prescribe procedures for the |
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issuance and appeal of an emergency order under this section, |
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including a rule to allow the commission to affirm, modify, or set |
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aside a decision by the State Office of Administrative Hearings |
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under Subsection (c). |
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(e) A proceeding under this section is a contested case |
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under Chapter 2001, Government Code. |
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Sec. 1603.456. CEASE AND DESIST ORDERS. The executive |
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director may issue a cease and desist order, after notice and |
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opportunity for hearing, if the executive director determines that |
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the order is necessary to prevent a violation of: |
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(1) this chapter, Chapter 1601, or Chapter 1602; or |
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(2) a rule adopted by the commission. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |