By: Zaffirini S.B. No. 1615
 
  (Wilson, et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the cosmetology licensure compact.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 9, Occupations Code, is amended by adding
  Chapter 1604 to read as follows:
  CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
         Sec. 1604.001.  COSMETOLOGY LICENSURE COMPACT. The
  Cosmetology Licensure Compact is enacted and entered into with all
  other jurisdictions that legally join the compact, which reads as
  follows:
  COSMETOLOGY LICENSURE COMPACT
  ARTICLE 1- PURPOSE
  The purpose of this Compact is to facilitate the interstate
  practice and regulation of Cosmetology with the goal of improving
  public access to, and the safety of, Cosmetology Services and
  reducing unnecessary burdens related to Cosmetology licensure.
  Through this Compact, the Member States seek to establish a
  regulatory framework which provides for a new multistate licensing
  program. Through this new licensing program, the Member States
  seek to provide increased value and mobility to licensed
  Cosmetologists in the Member States, while ensuring the provision
  of safe, effective, and reliable services to the public.
  This Compact is designed to achieve the following objectives, and
  the Member States hereby ratify the same intentions by subscribing
  hereto:
  A. Provide opportunities for interstate practice by Cosmetologists
  who meet uniform requirements for multistate licensure;
  B. Enhance the abilities of Member States to protect public health
  and safety, and prevent fraud and unlicensed activity within the
  profession;
  C. Ensure and encourage cooperation between Member States in the
  licensure and regulation of the Practice of Cosmetology;
  D. Support relocating military members and their spouses;
  E. Facilitate the exchange of information between Member States
  related to the licensure, investigation, and discipline of the
  Practice of Cosmetology;
  F. Provide for the licensure and mobility of the workforce in the
  profession, while addressing the shortage of workers and
  lessening the associated burdens on the Member States.
  ARTICLE 2- DEFINITIONS
  As used in this Compact, and except as otherwise provided, the
  following definitions shall govern the terms herein:
  A. "Active Military Member" means any person with full-time duty
  status in the armed forces of the United States, including
  members of the National Guard and Reserve.
  B. "Adverse Action" means any administrative, civil, equitable, or
  criminal action permitted by a Member State's laws which is
  imposed by a State Licensing Authority or other regulatory body
  against a Cosmetologist, including actions against an
  individual's license or Authorization to Practice such as
  revocation, suspension, probation, monitoring of the Licensee,
  limitation of the Licensee's practice, or any other Encumbrance
  on a license affecting an individual's ability to participate in
  the Cosmetology industry, including the issuance of a cease and
  desist order.
  C. "Authorization to Practice" means a legal authorization
  associated with a Multistate License permitting the Practice of
  Cosmetology in that Remote State, which shall be subject to the
  enforcement jurisdiction of the State Licensing Authority in
  that Remote State.
  D. "Alternative Program" means a non-disciplinary monitoring or
  prosecutorial diversion program approved by a Member State's
  State Licensing Authority.
  E. "Background Check" means the submission of information for an
  applicant for the purpose of obtaining that applicant's criminal
  history record information, as further defined in 28 C.F.R. §
  20.3(d), from the Federal Bureau of Investigation and the agency
  responsible for retaining State criminal or disciplinary history
  in the applicant's Home State.
  F. "Charter Member State" means Member States who have enacted
  legislation to adopt this Compact where such legislation
  predates the effective date of this Compact as defined in Article
  13.
  G. "Commission" means the government agency whose membership
  consists of all States that have enacted this Compact, which is
  known as the Cosmetology Licensure Compact Commission, as
  defined in Article 9, and which shall operate as an
  instrumentality of the Member States.
  H. "Cosmetologist" means an individual licensed in their Home State
  to practice Cosmetology.
  I. "Cosmetology", "Cosmetology Services", and the "Practice of
  Cosmetology" mean the care and services provided by a
  Cosmetologist as set forth in the Member State's statutes and
  regulations in the State where the services are being provided.
  J. "Current Significant Investigative Information" means:
            1. Investigative Information that a State Licensing
  Authority, after an inquiry or investigation that
  complies with a Member State's due process
  requirements, has reason to believe is not groundless
  and, if proved true, would indicate a violation of that
  State's laws regarding fraud or the Practice of
  Cosmetology; or
            2. Investigative Information that indicates that a
  Licensee has engaged in fraud or represents an
  immediate threat to public health and safety,
  regardless of whether the Licensee has been notified
  and had an opportunity to respond.
  K. "Data System" means a repository of information about Licensees,
  including, but not limited to, license status, Investigative
  Information, and Adverse Actions.
  L. "Disqualifying Event" means any event which shall disqualify an
  individual from holding a Multistate License under this Compact,
  which the Commission may by Rule or order specify.
  M. "Encumbered License" means a license in which an Adverse Action
  restricts the Practice of Cosmetology by a Licensee, or where
  said Adverse Action has been reported to the Commission.
  N. "Encumbrance" means a revocation or suspension of, or any
  limitation on, the full and unrestricted Practice of Cosmetology
  by a State Licensing Authority.
  O. "Executive Committee" means a group of delegates elected or
  appointed to act on behalf of, and within the powers granted to
  them by, the Commission.
  P. "Home State" means the Member State which is a Licensee's
  primary State of residence, and where that Licensee holds an
  active and unencumbered license to practice Cosmetology.
  Q. "Investigative Information" means information, records, or
  documents received or generated by a State Licensing Authority
  pursuant to an investigation or other inquiry.
  R. "Jurisprudence Requirement" means the assessment of an
  individual's knowledge of the laws and rules governing the
  Practice of Cosmetology in a State.
  S. "Licensee" means an individual who currently holds a license
  from a Member State to practice as a Cosmetologist.
  T. "Member State" means any State that has adopted this Compact.
  U. "Multistate License" means a license issued by and subject to
  the enforcement jurisdiction of the State Licensing Authority in
  a Licensee's Home State, which authorizes the Practice of
  Cosmetology in Member States and includes Authorizations to
  Practice Cosmetology in all Remote States pursuant to this
  Compact.
  V. "Remote State" means any Member State, other than the Licensee's
  Home State.
  W. "Rule" means any rule or regulation promulgated by the
  Commission under this Compact which has the force of law.
  X. "Single-State License" means a Cosmetology license issued by a
  Member State that authorizes practice of Cosmetology only within
  the issuing State and does not include any authorization outside
  of the issuing State.
  Y. "State" means a State, territory, or possession of the United
  States and the District of Columbia.
  Z. "State Licensing Authority" means a Member State's regulatory
  body responsible for issuing Cosmetology licenses or otherwise
  overseeing the Practice of Cosmetology in that State.
  ARTICLE 3- MEMBER STATE REQUIREMENTS
  A. To be eligible to join this Compact, and to maintain eligibility
  as a Member State, a State must:
            1. License and regulate Cosmetology;
            2. Have a mechanism or entity in place to receive and
  investigate complaints about Licensees practicing in
  that State;
            3. Require that Licensees within the State pass a
  Cosmetology competency examination prior to being
  licensed to provide Cosmetology Services to the public
  in that State;
            4. Require that Licensees satisfy educational or training
  requirements in Cosmetology prior to being licensed to
  provide Cosmetology Services to the public in that
  State;
            5. Implement procedures for considering one or more of the
  following categories of information from applicants for
  licensure: criminal history; disciplinary history; or
  Background Check. Such procedures may include the
  submission of information by applicants for the purpose
  of obtaining an applicant's Background Check as defined
  herein;
            6. Participate in the Data System, including through the
  use of unique identifying numbers;
            7. Share information related to Adverse Actions with the
  Commission and other Member States, both through the
  Data System and otherwise;
            8. Notify the Commission and other Member States, in
  compliance with the terms of the Compact and Rules of
  the Commission, of the existence of Investigative
  Information or Current Significant Investigative
  Information in the State's possession regarding a
  Licensee practicing in that State;
            9. Comply with such Rules as may be enacted by the
  Commission to administer the Compact; and
           10. Accept Licensees from other Member States as
  established herein.
  B. Member States may charge a fee for granting a license to practice
  Cosmetology.
  C. Individuals not residing in a Member State shall continue to be
  able to apply for a Member State's Single-State License as
  provided under the laws of each Member State. However, the
  Single-State License granted to these individuals shall not be
  recognized as granting a Multistate License to provide services
  in any other Member State.
  D. Nothing in this Compact shall affect the requirements
  established by a Member State for the issuance of a Single-State
  License.
  E. A Multistate License issued to a Licensee by a Home State to a
  resident of that State shall be recognized by each Member State
  as authorizing a Licensee to practice Cosmetology in each Member
  State.
  F. At no point shall the Commission have the power to define the
  educational or professional requirements for a license to
  practice Cosmetology. The Member States shall retain sole
  jurisdiction over the provision of these requirements.
  ARTICLE 4- MULTISTATE LICENSE
  A. To be eligible to apply to their Home State's State Licensing
  Authority for an initial Multistate License under this Compact,
  a Licensee must hold an active and unencumbered Single-State
  License to practice Cosmetology in their Home State.
  B. Upon the receipt of an application for a Multistate License,
  according to the Rules of the Commission, a Member State's State
  Licensing Authority shall ascertain whether the applicant meets
  the requirements for a Multistate License under this Compact.
  C. If an applicant meets the requirements for a Multistate License
  under this Compact and any applicable Rules of the Commission,
  the State Licensing Authority in receipt of the application
  shall, within a reasonable time, grant a Multistate License to
  that applicant, and inform all Member States of the grant of said
  Multistate License.
  D. A Multistate License to practice Cosmetology issued by a Member
  State's State Licensing Authority shall be recognized by each
  Member State as authorizing the practice thereof as though that
  Licensee held a Single-State License to do so in each Member
  State, subject to the restrictions herein.
  E. A Multistate License granted pursuant to this Compact may be
  effective for a definite period of time, concurrent with the
  licensure renewal period in the Home State.
  F. To maintain a Multistate License under this Compact, a Licensee
  must:
            1. Agree to abide by the rules of the State Licensing
  Authority, and the State scope of practice laws
  governing the Practice of Cosmetology, of any Member
  State in which the Licensee provides services;
            2. Pay all required fees related to the application and
  process, and any other fees which the Commission may by
  Rule require; and
            3. Comply with any and all other requirements regarding
  Multistate Licenses which the Commission may by Rule
  provide.
  G. A Licensee practicing in a Member State is subject to all scope
  of practice laws governing Cosmetology Services in that State.
  H. The Practice of Cosmetology under a Multistate License granted
  pursuant to this Compact will subject the Licensee to the
  jurisdiction of the State Licensing Authority, the courts, and
  the laws of the Member State in which the Cosmetology Services
  are provided.
  ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
  A. A Licensee may hold a Multistate License, issued by their Home
  State, in only one Member State at any given time.
  B. If a Licensee changes their Home State by moving between two
  Member States:
            1. The Licensee shall immediately apply for the reissuance
  of their Multistate License in their new Home State. The
  Licensee shall pay all applicable fees and notify the
  prior Home State in accordance with the Rules of the
  Commission.
            2. Upon receipt of an application to reissue a Multistate
  License, the new Home State shall verify that the
  Multistate License is active, unencumbered and eligible
  for reissuance under the terms of the Compact and the
  Rules of the Commission. The Multistate License issued
  by the prior Home State will be deactivated and all
  Member States notified in accordance with the
  applicable Rules adopted by the Commission.
            3. If required for initial licensure, the new Home State
  may require a Background Check as specified in the laws
  of that State, or the compliance with any Jurisprudence
  Requirements of the new Home State.
            4. Notwithstanding any other provision of this Compact, if
  a Licensee does not meet the requirements set forth in
  this Compact for the reissuance of a Multistate License
  by the new Home State, then the Licensee shall be
  subject to the new Home State requirements for the
  issuance of a Single-State License in that State.
  C. If a Licensee changes their primary state of residence by moving
  from a Member State to a non-Member State, or from a non-Member
  State to a Member State, then the Licensee shall be subject to
  the State requirements for the issuance of a Single-State
  License in the new Home State.
  D. Nothing in this Compact shall interfere with a Licensee's
  ability to hold a Single-State License in multiple States;
  however, for the purposes of this Compact, a Licensee shall have
  only one Home State, and only one Multistate License.
  E. Nothing in this Compact shall interfere with the requirements
  established by a Member State for the issuance of a Single-State
  License.
  ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
  LICENSING AUTHORITIES
  A. Nothing in this Compact, nor any Rule or regulation of the
  Commission, shall be construed to limit, restrict, or in any way
  reduce the ability of a Member State to enact and enforce laws,
  regulations, or other rules related to the Practice of
  Cosmetology in that State, where those laws, regulations, or
  other rules are not inconsistent with the provisions of this
  Compact.
  B. Insofar as practical, a Member State's State Licensing Authority
  shall cooperate with the Commission and with each entity
  exercising independent regulatory authority over the Practice of
  Cosmetology according to the provisions of this Compact.
  C. Discipline shall be the sole responsibility of the State in
  which Cosmetology Services are provided. Accordingly, each
  Member State's State Licensing Authority shall be responsible
  for receiving complaints about individuals practicing
  Cosmetology in that State, and for communicating all relevant
  Investigative Information about any such Adverse Action to the
  other Member States through the Data System in addition to any
  other methods the Commission may by Rule require.
  ARTICLE 7- ADVERSE ACTIONS
  A. A Licensee's Home State shall have exclusive power to impose an
  Adverse Action against a Licensee's Multistate License issued by
  the Home State.
  B. A Home State may take Adverse Action on a Multistate License
  based on the Investigative Information, Current Significant
  Investigative Information, or Adverse Action of a Remote State.
  C. In addition to the powers conferred by State law, each Remote
  State's State Licensing Authority shall have the power to:
            1. Take Adverse Action against a Licensee's Authorization
  to Practice Cosmetology through the Multistate License
  in that Member State, provided that:
                  a. Only the Licensee's Home State shall have the
  power to take Adverse Action against the
  Multistate License issued by the Home State; and
                  b. For the purposes of taking Adverse Action, the
  Home State's State Licensing Authority shall give
  the same priority and effect to reported conduct
  received from a Remote State as it would if such
  conduct had occurred within the Home State. In so
  doing, the Home State shall apply its own State
  laws to determine the appropriate action.
            2. Issue cease and desist orders or impose an Encumbrance
  on a Licensee's Authorization to Practice within that
  Member State.
            3. Complete any pending investigations of a Licensee who
  changes their primary state of residence during the
  course of such an investigation. The State Licensing
  Authority shall also be empowered to report the results
  of such an investigation to the Commission through the
  Data System as described herein.
            4. Issue subpoenas for both hearings and investigations
  that require the attendance and testimony of witnesses,
  as well as the production of evidence. Subpoenas issued
  by a State Licensing Authority in a Member State for the
  attendance and testimony of witnesses or the production
  of evidence from another Member State shall be enforced
  in the latter State by any court of competent
  jurisdiction, according to the practice and procedure
  of that court applicable to subpoenas issued in
  proceedings before it. The issuing State Licensing
  Authority shall pay any witness fees, travel expenses,
  mileage, and other fees required by the service
  statutes of the State in which the witnesses or evidence
  are located.
            5. If otherwise permitted by State law, recover from the
  affected Licensee the costs of investigations and
  disposition of cases resulting from any Adverse Action
  taken against that Licensee.
            6. Take Adverse Action against the Licensee's
  Authorization to Practice in that State based on the
  factual findings of another Remote State.
  D. A Licensee's Home State shall complete any pending
  investigation(s) of a Cosmetologist who changes their primary
  state of residence during the course of the investigation(s).
  The Home State shall also have the authority to take appropriate
  action(s) and shall promptly report the conclusions of the
  investigations to the Data System.
  E. If an Adverse Action is taken by the Home State against a
  Licensee's Multistate License, the Licensee's Authorization to
  Practice in all other Member States shall be deactivated until
  all Encumbrances have been removed from the Home State license.
  All Home State disciplinary orders that impose an Adverse Action
  against a Licensee's Multistate License shall include a
  statement that the Cosmetologist's Authorization to Practice is
  deactivated in all Member States during the pendency of the
  order.
  F. Nothing in this Compact shall override a Member State's
  authority to accept a Licensee's participation in an Alternative
  Program in lieu of Adverse Action. A Licensee's Multistate
  License shall be suspended for the duration of the Licensee's
  participation in any Alternative Program.
  G. Joint Investigations
            1. In addition to the authority granted to a Member State
  by its respective scope of practice laws or other
  applicable State law, a Member State may participate
  with other Member States in joint investigations of
  Licensees.
            2. Member States shall share any investigative,
  litigation, or compliance materials in furtherance of
  any joint or individual investigation initiated under
  the Compact.
  ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
  Active Military Members, or their spouses, shall designate a Home
  State where the individual has a current license to practice
  Cosmetology in good standing. The individual may retain their Home
  State designation during any period of service when that individual
  or their spouse is on active duty assignment.
  ARTICLE 9- ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
  COMPACT COMMISSION
  A. The Compact Member States hereby create and establish a joint
  government agency whose membership consists of all Member States
  that have enacted the Compact known as the Cosmetology Licensure
  Compact Commission. The Commission is an instrumentality of the
  Compact Member States acting jointly and not an instrumentality
  of any one State. The Commission shall come into existence on or
  after the effective date of the Compact as set forth in Article
  13.
  B. Membership, Voting, and Meetings
            1. Each Member State shall have and be limited to one (1)
  delegate selected by that Member State’s State
  Licensing Authority.
            2. The delegate shall be an administrator of the State
  Licensing Authority of the Member State or their
  designee.
            3. The Commission shall by Rule or bylaw establish a term
  of office for delegates and may by Rule or bylaw
  establish term limits.
            4. The Commission may recommend removal or suspension of
  any delegate from office.
            5. A Member State’s State Licensing Authority shall fill
  any vacancy of its delegate occurring on the Commission
  within 60 days of the vacancy.
            6. Each delegate shall be entitled to one vote on all
  matters that are voted on by the Commission.
            7. The Commission shall meet at least once during each
  calendar year. Additional meetings may be held as set
  forth in the bylaws. The Commission may meet by
  telecommunication, video conference or other similar
  electronic means.
  C. The Commission shall have the following powers:
            1. Establish the fiscal year of the Commission;
            2. Establish code of conduct and conflict of interest
  policies;
            3. Adopt Rules and bylaws;
            4. Maintain its financial records in accordance with the
  bylaws;
            5. Meet and take such actions as are consistent with the
  provisions of this Compact, the Commission’s Rules, and
  the bylaws;
            6. Initiate and conclude legal proceedings or actions in
  the name of the Commission, provided that the standing
  of any State Licensing Authority to sue or be sued under
  applicable law shall not be affected;
            7. Maintain and certify records and information provided
  to a Member State as the authenticated business records
  of the Commission, and designate an agent to do so on
  the Commission's behalf;
            8. Purchase and maintain insurance and bonds;
            9. Borrow, accept, or contract for services of personnel,
  including, but not limited to, employees of a Member
  State;
           10. Conduct an annual financial review;
           11. Hire employees, elect or appoint officers, fix
  compensation, define duties, grant such individuals
  appropriate authority to carry out the purposes of the
  Compact, and establish the Commission's personnel
  policies and programs relating to conflicts of
  interest, qualifications of personnel, and other
  related personnel matters;
           12. As set forth in the Commission Rules, charge a fee to a
  Licensee for the grant of a Multistate License and
  thereafter, as may be established by Commission Rule,
  charge the Licensee a Multistate License renewal fee
  for each renewal period. Nothing herein shall be
  construed to prevent a Home State from charging a
  Licensee a fee for a Multistate License or renewals of a
  Multistate License, or a fee for the jurisprudence
  requirement if the Member State imposes such a
  requirement for the grant of a Multistate License;
           13. Assess and collect fees;
           14. Accept any and all appropriate gifts, donations,
  grants of money, other sources of revenue, equipment,
  supplies, materials, and services, and receive,
  utilize, and dispose of the same; provided that at all
  times the Commission shall avoid any appearance of
  impropriety or conflict of interest;
           15. Lease, purchase, retain, own, hold, improve, or use any
  property, real, personal, or mixed, or any undivided
  interest therein;
           16. Sell, convey, mortgage, pledge, lease, exchange,
  abandon, or otherwise dispose of any property real,
  personal, or mixed;
           17. Establish a budget and make expenditures;
           18. Borrow money;
           19. Appoint committees, including standing committees,
  composed of members, State regulators, State
  legislators or their representatives, and consumer
  representatives, and such other interested persons as
  may be designated in this Compact and the bylaws;
           20. Provide and receive information from, and cooperate
  with, law enforcement agencies;
           21. Elect a Chair, Vice Chair, Secretary and Treasurer and
  such other officers of the Commission as provided in the
  Commission's bylaws;
           22. Establish and elect an Executive Committee, including
  a chair and a vice chair;
           23. Adopt and provide to the Member States an annual
  report.
           24. Determine whether a State's adopted language is
  materially different from the model Compact language
  such that the State would not qualify for participation
  in the Compact; and
           25. Perform such other functions as may be necessary or
  appropriate to achieve the purposes of this Compact.
  D. The Executive Committee
            1. The Executive Committee shall have the power to act on
  behalf of the Commission according to the terms of this
  Compact. The powers, duties, and responsibilities of
  the Executive Committee shall include:
                  a. Overseeing the day-to-day activities of the
  administration of the Compact including
  compliance with the provisions of the Compact, the
  Commission's Rules and bylaws, and other such
  duties as deemed necessary;
                  b. Recommending to the Commission changes to the
  Rules or bylaws, changes to this Compact
  legislation, fees charged to Compact Member
  States, fees charged to Licensees, and other fees;
                  c. Ensuring Compact administration services are
  appropriately provided, including by contract;
                  d. Preparing and recommending the budget;
                  e. Maintaining financial records on behalf of the
  Commission;
                  f. Monitoring Compact compliance of Member States
  and providing compliance reports to the
  Commission;
                  g. Establishing additional committees as necessary;
                  h. Exercising the powers and duties of the
  Commission during the interim between Commission
  meetings, except for adopting or amending Rules,
  adopting or amending bylaws, and exercising any
  other powers and duties expressly reserved to the
  Commission by Rule or bylaw; and
                  i. Other duties as provided in the Rules or bylaws of
  the Commission.
            2. The Executive Committee shall be composed of up to
  seven voting members:
                  a. The chair and vice chair of the Commission and any
  other members of the Commission who serve on the
  Executive Committee shall be voting members of the
  Executive Committee; and
                  b. Other than the chair, vice-chair, secretary and
  treasurer, the Commission shall elect three
  voting members from the current membership of the
  Commission.
                  c. The Commission may elect ex-officio, nonvoting
  members from a recognized national Cosmetology
  professional association as approved by the
  Commission. The Commission's bylaws shall
  identify qualifying organizations and the manner
  of appointment if the number of organizations
  seeking to appoint an ex officio member exceeds
  the number of members specified in this Article.
            3. The Commission may remove any member of the Executive
  Committee as provided in the Commission's bylaws.
            4. The Executive Committee shall meet at least annually.
                  a. Annual Executive Committee meetings, as well as
  any Executive Committee meeting at which it does
  not take or intend to take formal action on a
  matter for which a Commission vote would otherwise
  be required, shall be open to the public, except
  that the Executive Committee may meet in a closed,
  non-public session of a public meeting when
  dealing with any of the matters covered under
  Article 9.F.4.
                  b. The Executive Committee shall give five business
  days advance notice of its public meetings, posted
  on its website and as determined to provide notice
  to persons with an interest in the public matters
  the Executive Committee intends to address at
  those meetings.
            5. The Executive Committee may hold an emergency meeting
  when acting for the Commission to:
                  a. Meet an imminent threat to public health, safety,
  or welfare;
                  b. Prevent a loss of Commission or Member State
  funds; or
                  c. Protect public health and safety.
  E. The Commission shall adopt and provide to the Member States an
  annual report.
  F. Meetings of the Commission
            1. All meetings of the Commission that are not closed
  pursuant to Article 9.F.4 shall be open to the public.
  Notice of public meetings shall be posted on the
  Commission's website at least thirty (30) days prior to
  the public meeting.
            2. Notwithstanding Article 9.F.1, the Commission may
  convene an emergency public meeting by providing at
  least twenty-four (24) hours prior notice on the
  Commission's website, and any other means as provided in
  the Commission's Rules, for any of the reasons it may
  dispense with notice of proposed rulemaking under
  Article 11.L. The Commission's legal counsel shall
  certify that one of the reasons justifying an emergency
  public meeting has been met.
            3. Notice of all Commission meetings shall provide the
  time, date, and location of the meeting, and if the
  meeting is to be held or accessible via
  telecommunication, video conference, or other
  electronic means, the notice shall include the
  mechanism for access to the meeting.
            4. The Commission may convene in a closed, non-public
  meeting for the Commission to discuss:
                  a. Non-compliance of a Member State with its
  obligations under the Compact;
                  b. The employment, compensation, discipline or other
  matters, practices or procedures related to
  specific employees or other matters related to the
  Commission's internal personnel practices and
  procedures;
                  c. Current or threatened discipline of a Licensee by
  the Commission or by a Member State's Licensing
  Authority;
                  d. Current, threatened, or reasonably anticipated
  litigation;
                  e. Negotiation of contracts for the purchase, lease,
  or sale of goods, services, or real estate;
                  f. Accusing any person of a crime or formally
  censuring any person;
                  g. Trade secrets or commercial or financial
  information that is privileged or confidential;
                  h. Information of a personal nature where disclosure
  would constitute a clearly unwarranted invasion
  of personal privacy;
                  i. Investigative records compiled for law
  enforcement purposes;
                  j. Information related to any investigative reports
  prepared by or on behalf of or for use of the
  Commission or other committee charged with
  responsibility of investigation or determination
  of compliance issues pursuant to the Compact;
                  k. Legal advice;
                  l. Matters specifically exempted from disclosure to
  the public by federal or Member State law; or
                  m. Other matters as promulgated by the Commission by
  Rule.
            5. If a meeting, or portion of a meeting, is closed, the
  presiding officer shall state that the meeting will be
  closed and reference each relevant exempting provision,
  and such reference shall be recorded in the minutes.
            6. The Commission shall keep minutes that fully and
  clearly describe all matters discussed in a meeting and
  shall provide a full and accurate summary of actions
  taken, and the reasons therefore, including a
  description of the views expressed. All documents
  considered in connection with an action shall be
  identified in such minutes. All minutes and documents
  of a closed meeting shall remain under seal, subject to
  release only by a majority vote of the Commission or
  order of a court of competent jurisdiction.
  G. Financing of the Commission
            1. The Commission shall pay, or provide for the payment
  of, the reasonable expenses of its establishment,
  organization, and ongoing activities.
            2. The Commission may accept any and all appropriate
  sources of revenue, donations, and grants of money,
  equipment, supplies, materials, and services.
            3. The Commission may levy on and collect an annual
  assessment from each Member State and impose fees on
  Licensees of Member States to whom it grants a
  Multistate License to cover the cost of the operations
  and activities of the Commission and its staff, which
  must be in a total amount sufficient to cover its annual
  budget as approved each year for which revenue is not
  provided by other sources. The aggregate annual
  assessment amount for Member States shall be allocated
  based upon a formula that the Commission shall
  promulgate by Rule.
            4. The Commission shall not incur obligations of any kind
  prior to securing the funds adequate to meet the same;
  nor shall the Commission pledge the credit of any Member
  States, except by and with the authority of the Member
  State.
            5. The Commission shall keep accurate accounts of all
  receipts and disbursements. The receipts and
  disbursements of the Commission shall be subject to the
  financial review and accounting procedures established
  under its bylaws. All receipts and disbursements of
  funds handled by the Commission shall be subject to an
  annual financial review by a certified or licensed
  public accountant, and the report of the financial
  review shall be included in and become part of the
  annual report of the Commission.
  H. Qualified Immunity, Defense, and Indemnification
            1. The members, officers, executive director, employees
  and representatives of the Commission shall be immune
  from suit and liability, both personally and in their
  official capacity, for any claim for damage to or loss
  of property or personal injury or other civil liability
  caused by or arising out of any actual or alleged act,
  error, or omission that occurred, or that the person
  against whom the claim is made had a reasonable basis
  for believing occurred within the scope of Commission
  employment, duties or responsibilities; provided that
  nothing in this paragraph shall be construed to protect
  any such person from suit or liability for any damage,
  loss, injury, or liability caused by the intentional or
  willful or wanton misconduct of that person. The
  procurement of insurance of any type by the Commission
  shall not in any way compromise or limit the immunity
  granted hereunder.
            2. The Commission shall defend any member, officer,
  executive director, employee, and representative of the
  Commission in any civil action seeking to impose
  liability arising out of any actual or alleged act,
  error, or omission that occurred within the scope of
  Commission employment, duties, or responsibilities, or
  as determined by the Commission that the person against
  whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission
  employment, duties, or responsibilities; provided that
  nothing herein shall be construed to prohibit that
  person from retaining their own counsel at their own
  expense; and provided further, that the actual or
  alleged act, error, or omission did not result from that
  person's intentional or willful or wanton misconduct.
            3. The Commission shall indemnify and hold harmless any
  member, officer, executive director, employee, and
  representative of the Commission for the amount of any
  settlement or judgment obtained against that person
  arising out of any actual or alleged act, error, or
  omission that occurred within the scope of Commission
  employment, duties, or responsibilities, or that such
  person had a reasonable basis for believing occurred
  within the scope of Commission employment, duties, or
  responsibilities, provided that the actual or alleged
  act, error, or omission did not result from the
  intentional or willful or wanton misconduct of that
  person.
            4. Nothing herein shall be construed as a limitation on
  the liability of any Licensee for professional
  malpractice or misconduct, which shall be governed
  solely by any other applicable State laws.
            5. Nothing in this Compact shall be interpreted to waive
  or otherwise abrogate a Member State's State action
  immunity or State action affirmative defense with
  respect to antitrust claims under the Sherman Act,
  Clayton Act, or any other State or federal antitrust or
  anticompetitive law or regulation.
            6. Nothing in this Compact shall be construed to be a
  waiver of sovereign immunity by the Member States or by
  the Commission.
  ARTICLE 10- DATA SYSTEM
  A. The Commission shall provide for the development, maintenance,
  operation, and utilization of a coordinated database and
  reporting system.
  B. The Commission shall assign each applicant for a Multistate
  License a unique identifier, as determined by the Rules of the
  Commission.
  C. Notwithstanding any other provision of State law to the
  contrary, a Member State shall submit a uniform data set to the
  Data System on all individuals to whom this Compact is applicable
  as required by the Rules of the Commission, including:
            1. Identifying information;
            2. Licensure data;
            3. Adverse Actions against a license and information
  related thereto;
            4. Non-confidential information related to Alternative
  Program participation, the beginning and ending dates
  of such participation, and other information related to
  such participation;
            5. Any denial of application for licensure, and the
  reason(s) for such denial (excluding the reporting of
  any criminal history record information where
  prohibited by law);
            6. The existence of Investigative Information;
            7. The existence of Current Significant Investigative
  Information; and
            8. Other information that may facilitate the
  administration of this Compact or the protection of the
  public, as determined by the Rules of the Commission.
  D. The records and information provided to a Member State pursuant
  to this Compact or through the Data System, when certified by the
  Commission or an agent thereof, shall constitute the
  authenticated business records of the Commission, and shall be
  entitled to any associated hearsay exception in any relevant
  judicial, quasi-judicial or administrative proceedings in a
  Member State.
  E. The existence of Current Significant Investigative Information
  and the existence of Investigative Information pertaining to a
  Licensee in any Member State will only be available to other
  Member States.
  F. It is the responsibility of the Member States to monitor the
  database to determine whether Adverse Action has been taken
  against such a Licensee or License applicant. Adverse Action
  information pertaining to a Licensee or License applicant in any
  Member State will be available to any other Member State.
  G. Member States contributing information to the Data System may
  designate information that may not be shared with the public
  without the express permission of the contributing State.
  H. Any information submitted to the Data System that is
  subsequently expunged pursuant to federal law or the laws of the
  Member State contributing the information shall be removed from
  the Data System.
  ARTICLE 11- RULEMAKING
  A. The Commission shall promulgate reasonable Rules in order to
  effectively and efficiently implement and administer the
  purposes and provisions of the Compact. A Rule shall be invalid
  and have no force or effect only if a court of competent
  jurisdiction holds that the Rule is invalid because the
  Commission exercised its rulemaking authority in a manner that
  is beyond the scope and purposes of the Compact, or the powers
  granted hereunder, or based upon another applicable standard of
  review.
  B. The Rules of the Commission shall have the force of law in each
  Member State, provided however that where the Rules of the
  Commission conflict with the laws of the Member State that
  establish the Member State's scope of practice laws governing the
  Practice of Cosmetology as held by a court of competent
  jurisdiction, the Rules of the Commission shall be ineffective
  in that State to the extent of the conflict.
  C. The Commission shall exercise its rulemaking powers pursuant to
  the criteria set forth in this Article and the Rules adopted
  thereunder. Rules shall become binding as of the date specified
  by the Commission for each Rule.
  D. If a majority of the legislatures of the Member States rejects a
  Rule or portion of a Rule, by enactment of a statute or
  resolution in the same manner used to adopt the Compact within
  four (4) years of the date of adoption of the Rule, then such Rule
  shall have no further force and effect in any Member State or to
  any State applying to participate in the Compact.
  E. Rules shall be adopted at a regular or special meeting of the
  Commission.
  F. Prior to adoption of a proposed Rule, the Commission shall hold a
  public hearing and allow persons to provide oral and written
  comments, data, facts, opinions, and arguments.
  G. Prior to adoption of a proposed Rule by the Commission, and at
  least thirty (30) days in advance of the meeting at which the
  Commission will hold a public hearing on the proposed Rule, the
  Commission shall provide a notice of proposed rulemaking:
            1. On the website of the Commission or other publicly
  accessible platform;
            2. To persons who have requested notice of the
  Commission's notices of proposed rulemaking; and
            3. In such other way(s) as the Commission may by Rule
  specify.
  H. The notice of proposed rulemaking shall include:
            1. The time, date, and location of the public hearing at
  which the Commission will hear public comments on the
  proposed Rule and, if different, the time, date, and
  location of the meeting where the Commission will
  consider and vote on the proposed Rule;
            2. If the hearing is held via telecommunication, video
  conference, or other electronic means, the Commission
  shall include the mechanism for access to the hearing in
  the notice of proposed rulemaking;
            3. The text of the proposed Rule and the reason therefor;
            4. A request for comments on the proposed Rule from any
  interested person; and
            5. The manner in which interested persons may submit
  written comments.
  I. All hearings will be recorded. A copy of the recording and all
  written comments and documents received by the Commission in
  response to the proposed Rule shall be available to the public.
  J. Nothing in this Article shall be construed as requiring a
  separate hearing on each Rule. Rules may be grouped for the
  convenience of the Commission at hearings required by this
  Article.
  K. The Commission shall, by majority vote of all members, take
  final action on the proposed Rule based on the rulemaking record
  and the full text of the Rule.
            1. The Commission may adopt changes to the proposed Rule
  provided the changes do not enlarge the original
  purpose of the proposed Rule.
            2. The Commission shall provide an explanation of the
  reasons for substantive changes made to the proposed
  Rule as well as reasons for substantive changes not made
  that were recommended by commenters.
            3. The Commission shall determine a reasonable effective
  date for the Rule. Except for an emergency as provided
  in Article 11.L, the effective date of the Rule shall be
  no sooner than forty-five (45) days after the
  Commission issuing the notice that it adopted or
  amended the Rule.
  L. Upon determination that an emergency exists, the Commission may
  consider and adopt an emergency Rule with five (5) days' notice,
  with opportunity to comment, provided that the usual rulemaking
  procedures provided in the Compact and in this Article shall be
  retroactively applied to the Rule as soon as reasonably
  possible, in no event later than ninety (90) days after the
  effective date of the Rule. For the purposes of this provision,
  an emergency Rule is one that must be adopted immediately to:
            1. Meet an imminent threat to public health, safety, or
  welfare;
            2. Prevent a loss of Commission or Member State funds;
            3. Meet a deadline for the promulgation of a Rule that is
  established by federal law or rule; or
            4. Protect public health and safety.
  M. The Commission or an authorized committee of the Commission may
  direct revisions to a previously adopted Rule for purposes of
  correcting typographical errors, errors in format, errors in
  consistency, or grammatical errors. Public notice of any
  revisions shall be posted on the website of the Commission. The
  revision shall be subject to challenge by any person for a period
  of thirty (30) days after posting. The revision may be
  challenged only on grounds that the revision results in a
  material change to a Rule. A challenge shall be made in writing
  and delivered to the Commission prior to the end of the notice
  period. If no challenge is made, the revision will take effect
  without further action. If the revision is challenged, the
  revision may not take effect without the approval of the
  Commission.
  N. No Member State's rulemaking requirements shall apply under this
  Compact.
  ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
  A. Oversight
            1.  The executive and judicial branches of State
  government in each Member State shall enforce this
  Compact and take all actions necessary and appropriate
  to implement the Compact.
            2.  Venue is proper and judicial proceedings by or against
  the Commission shall be brought solely and exclusively
  in a court of competent jurisdiction where the
  principal office of the Commission is located. The
  Commission may waive venue and jurisdictional defenses
  to the extent it adopts or consents to participate in
  alternative dispute resolution proceedings. Nothing
  herein shall affect or limit the selection or propriety
  of venue in any action against a Licensee for
  professional malpractice, misconduct or any such
  similar matter.
            3. The Commission shall be entitled to receive service of
  process in any proceeding regarding the enforcement or
  interpretation of the Compact and shall have standing
  to intervene in such a proceeding for all purposes.
  Failure to provide the Commission service of process
  shall render a judgment or order void as to the
  Commission, this Compact, or promulgated Rules.
  B. Default, Technical Assistance, and Termination
            1. If the Commission determines that a Member State has
  defaulted in the performance of its obligations or
  responsibilities under this Compact or the promulgated
  Rules, the Commission shall provide written notice to
  the defaulting State. The notice of default shall
  describe the default, the proposed means of curing the
  default, and any other action that the Commission may
  take, and shall offer training and specific technical
  assistance regarding the default.
            2. The Commission shall provide a copy of the notice of
  default to the other Member States.
            3. If a State in default fails to cure the default, the
  defaulting State may be terminated from the Compact
  upon an affirmative vote of a majority of the delegates
  of the Member States, and all rights, privileges and
  benefits conferred on that State by this Compact may be
  terminated on the effective date of termination. A cure
  of the default does not relieve the offending State of
  obligations or liabilities incurred during the period
  of default.
            4. Termination of membership in the Compact shall be
  imposed only after all other means of securing
  compliance have been exhausted. Notice of intent to
  suspend or terminate shall be given by the Commission to
  the governor, the majority and minority leaders of the
  defaulting State's legislature, the defaulting State's
  State Licensing Authority and each of the Member States'
  State Licensing Authority.
            5. A State that has been terminated is responsible for all
  assessments, obligations, and liabilities incurred
  through the effective date of termination, including
  obligations that extend beyond the effective date of
  termination.
            6. Upon the termination of a State's membership from this
  Compact, that State shall immediately provide notice to
  all Licensees who hold a Multistate License within that
  State of such termination. The terminated State shall
  continue to recognize all licenses granted pursuant to
  this Compact for a minimum of one hundred eighty (180)
  days after the date of said notice of termination.
            7. The Commission shall not bear any costs related to a
  State that is found to be in default or that has been
  terminated from the Compact, unless agreed upon in
  writing between the Commission and the defaulting
  State.
            8. The defaulting State may appeal the action of the
  Commission by petitioning the United States District
  Court for the District of Columbia or the federal
  district where the Commission has its principal
  offices. The prevailing party shall be awarded all
  costs of such litigation, including reasonable
  attorney's fees.
  C. Dispute Resolution
            1. Upon request by a Member State, the Commission shall
  attempt to resolve disputes related to the Compact that
  arise among Member States and between Member and
  non-Member States.
            2. The Commission shall promulgate a Rule providing for
  both mediation and binding dispute resolution for
  disputes as appropriate.
  D. Enforcement
            1. The Commission, in the reasonable exercise of its
  discretion, shall enforce the provisions of this
  Compact and the Commission's Rules.
            2. By majority vote as provided by Commission Rule, the
  Commission may initiate legal action against a Member
  State in default in the United States District Court for
  the District of Columbia or the federal district where
  the Commission has its principal offices to enforce
  compliance with the provisions of the Compact and its
  promulgated Rules.  The relief sought may include both
  injunctive relief and damages. In the event judicial
  enforcement is necessary, the prevailing party shall be
  awarded all costs of such litigation, including
  reasonable attorney's fees. The remedies herein shall
  not be the exclusive remedies of the Commission. The
  Commission may pursue any other remedies available
  under federal or the defaulting Member State's law.
            3. A Member State may initiate legal action against the
  Commission in the United States District Court for the
  District of Columbia or the federal district where the
  Commission has its principal offices to enforce
  compliance with the provisions of the Compact and its
  promulgated Rules. The relief sought may include both
  injunctive relief and damages. In the event judicial
  enforcement is necessary, the prevailing party shall be
  awarded all costs of such litigation, including
  reasonable attorney's fees.
            4. No individual or entity other than a Member State may
  enforce this Compact against the Commission.
  ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
  A. The Compact shall come into effect on the date on which the
  Compact statute is enacted into law in the seventh Member State.
            1. On or after the effective date of the Compact, the
  Commission shall convene and review the enactment of
  each of the Charter Member States to determine if the
  statute enacted by each such Charter Member State is
  materially different than the model Compact statute.
                  a. A Charter Member State whose enactment is found to
  be materially different from the model Compact
  statute shall be entitled to the default process
  set forth in Article 12.
                  b. If any Member State is later found to be in
  default, or is terminated or withdraws from the
  Compact, the Commission shall remain in existence
  and the Compact shall remain in effect even if the
  number of Member States should be less than seven
  (7).
            2. Member States enacting the Compact subsequent to the
  Charter Member States shall be subject to the process
  set forth in Article 9.C.24 to determine if their
  enactments are materially different from the model
  Compact statute and whether they qualify for
  participation in the Compact.
            3. All actions taken for the benefit of the Commission or
  in furtherance of the purposes of the administration of
  the Compact prior to the effective date of the Compact
  or the Commission coming into existence shall be
  considered to be actions of the Commission unless
  specifically repudiated by the Commission.
            4. Any State that joins the Compact shall be subject to the
  Commission's Rules and bylaws as they exist on the date
  on which the Compact becomes law in that State. Any
  Rule that has been previously adopted by the Commission
  shall have the full force and effect of law on the day
  the Compact becomes law in that State.
  B. Any Member State may withdraw from this Compact by enacting a
  statute repealing that State's enactment of the Compact.
            1. A Member State's withdrawal shall not take effect until
  one hundred eighty (180) days after enactment of the
  repealing statute.
            2. Withdrawal shall not affect the continuing requirement
  of the withdrawing State's State Licensing Authority to
  comply with the investigative and Adverse Action
  reporting requirements of this Compact prior to the
  effective date of withdrawal.
            3. Upon the enactment of a statute withdrawing from this
  Compact, a State shall immediately provide notice of
  such withdrawal to all Licensees within that State.
  Notwithstanding any subsequent statutory enactment to
  the contrary, such withdrawing State shall continue to
  recognize all licenses granted pursuant to this Compact
  for a minimum of one hundred eighty (180) days after the
  date of such notice of withdrawal.
  C. Nothing contained in this Compact shall be construed to
  invalidate or prevent any licensure agreement or other
  cooperative arrangement between a Member State and a non-Member
  State that does not conflict with the provisions of this Compact.
  D. This Compact may be amended by the Member States. No amendment
  to this Compact shall become effective and binding upon any
  Member State until it is enacted into the laws of all Member
  States.
  ARTICLE 14- CONSTRUCTION AND SEVERABILITY
  A. This Compact and the Commission's rulemaking authority shall be
  liberally construed so as to effectuate the purposes, and the
  implementation and administration of the Compact. Provisions of
  the Compact expressly authorizing or requiring the promulgation
  of Rules shall not be construed to limit the Commission's
  rulemaking authority solely for those purposes.
  B. The provisions of this Compact shall be severable and if any
  phrase, clause, sentence or provision of this Compact is held by
  a court of competent jurisdiction to be contrary to the
  constitution of any Member State, a State seeking participation
  in the Compact, or of the United States, or the applicability
  thereof to any government, agency, person or circumstance is
  held to be unconstitutional by a court of competent
  jurisdiction, the validity of the remainder of this Compact and
  the applicability thereof to any other government, agency,
  person or circumstance shall not be affected thereby.
  C. Notwithstanding Article 14.B, the Commission may deny a State's
  participation in the Compact or, in accordance with the
  requirements of Article 12, terminate a Member State's
  participation in the Compact, if it determines that a
  constitutional requirement of a Member State is a material
  departure from the Compact. Otherwise, if this Compact shall be
  held to be contrary to the constitution of any Member State, the
  Compact shall remain in full force and effect as to the remaining
  Member States and in full force and effect as to the Member State
  affected as to all severable matters.
  ARTICLE 15- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
  A. Nothing herein shall prevent or inhibit the enforcement of any
  other law of a Member State that is not inconsistent with the
  Compact.
  B. Any laws, statutes, regulations, or other legal requirements in
  a Member State in conflict with the Compact are superseded to the
  extent of the conflict.
  C. All permissible agreements between the Commission and the Member
  States are binding in accordance with their terms.
         Sec. 1604.002.  ADMINISTRATION OF COMPACT. The Texas
  Department of Licensing and Regulation is the Cosmetology Licensure
  Compact administrator for this state.
         Sec. 1604.003.  RULES. The Texas Commission of Licensing
  and Regulation may adopt rules necessary to implement this chapter.
         SECTION 2.  This Act takes effect September 1, 2026.