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H.B. No. 3149
AN ACT
relating to inactive status for cosmetology certificate or license
holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 1602, Occupations Code, is
amended by adding Section 1602.353 to read as follows:
Sec. 1602.353. INACTIVE STATUS. (a) The holder of a
certificate or license issued under this chapter may place the
holder's certificate or license on inactive status by:
(1) applying to the commission on a form prescribed by
the commission not later than the 10th day before the date the
certificate or license expires; and
(2) paying the required fee.
(b) The holder of a certificate or license that has been
placed on inactive status under this section is not required to
comply with continuing education requirements under this chapter.
(c) To maintain inactive status, the holder of a certificate
or license must reapply for inactive status on or before the second
anniversary of the date the status is granted by submitting the
required form accompanied by the required renewal fee.
(d) The holder of a certificate or license to practice
cosmetology that has been placed on inactive status under this
section may not perform or attempt to perform the practice of
cosmetology.
(e) The holder of an instructor's license that has been
placed on inactive status may not teach or attempt to teach
cosmetology at a private beauty culture school or in a vocational
cosmetology program in a public school.
(f) The holder of a license to operate a vocational
cosmetology program in a public school, or a beauty shop, beauty
culture school, specialty shop, or other place of business in which
cosmetology is taught or practiced under this chapter, may not
employ a person to perform the practice of cosmetology or to teach
as an instructor if the person's certificate or license has been
placed on inactive status.
(g) A person whose certificate or license is on inactive
status under this section may return the person's certificate or
license to active status by:
(1) applying to the commission for reinstatement of
the certificate or license on the form prescribed by the
commission;
(2) submitting written documentation that the person
has completed applicable continuing education requirements under
this chapter within the preceding two years; and
(3) paying the required certificate or license fee.
SECTION 2. (a) Not later than January 1, 2006, the Texas
Cosmetology Commission shall adopt the forms, rules, and procedures
necessary to implement Section 1602.353, Occupations Code, as added
by this Act.
(b) Notwithstanding Section 1602.353, Occupations Code, as
added by this Act, a person may not apply to have the person's
certificate or license placed on inactive status under that section
before January 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3149 was passed by the House on May
10, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3149 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor