Cosmetologists Proposed Administrative Rules Relating to Fees

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Chapter 83.  Cosmetologists
Proposal Filed: September 9, 2013 – Published in the Texas Register: September 20, 2013
Deadline for Public Comment: October 21, 2013

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The Texas Department of Licensing and Regulation (“Department”) proposes amendments to an existing rule at 16 Texas Administrative Code, §83.80 regarding the Cosmetology program.

The proposed amendments to §83.80 reduce various application, renewal, and other fees as part of the Department’s annual fee review. The separate fee for the booth rental (independent contractor) license is eliminated because the cost of this license application will be adequately covered by the related, individual operator or specialty license application or renewal fee. The booth rental license will now be issued or renewed simultaneously with the operator or specialty license, as a part of that license. The law and rules book fee will now be included in the application and renewal fees for student, individual, and establishment licenses. The law and rules book will be distributed to a greater number of licensees, with the goal of furthering knowledge of and compliance with the law and rule requirements. Additionally, by sending a current law and rules book to each licensee at the time of issuing or renewing the license, the Department will no longer have a need to use inspection and enforcement resources to ensure that an establishment or other licensee has obtained a current copy of the law and rules book.

The amendments are necessary to implement Texas Occupations Code, §51.202, which requires the Texas Commission of Licensing and Regulation to set fees in amounts reasonable and necessary to cover the costs of administering programs under the Department’s jurisdiction.  The General Appropriations Act (GAA), 83rd Legislature reduces the amount of revenue that the Department is required to collect above the amounts appropriated to the Department. Additionally, Article VIII, Section 2 of the GAA requires that the Department’s revenue cover the cost of the Department’s appropriations and other direct and indirect costs. As a result, the fees currently in place are above the amounts that will be required for the Department to cover its costs. The decrease in fees will not adversely affect the administration and enforcement of the program. The fees in the proposed rule are set in amounts that will cover the Department’s costs and ensure that the Department has adequate resources to operate effectively and efficiently.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the proposed rule. State revenue will decrease by $4,722,735 in each year of the first five-year period the proposed amendments are in effect.

Mr. Kuntz also has determined that for each year of the first five-year period the proposed amendments are in effect, the public benefit will be lower fees for licensees in this program and therefore lower costs for licensees to conduct business, which may be passed along as savings to consumers.

The anticipated economic effect on small and micro-businesses and to all other persons who are required to comply with the rule as amended will be either a decrease in fees owed to the Department or no change in fees owed.  There will be no adverse effect on small or micro-businesses or to persons who are required to comply with the section as proposed. Since the agency has determined that the proposed rule will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant Team Lead, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; by facsimile to (512) 475-3032; or by email to erule@tdlr.texas.gov.  The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapters 51, 1602, and 1603, which authorize the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department, in particular Texas Occupations Code, §51.202.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1602, and 1603.  No other statutes, articles, or codes are affected by the proposal.

§83.80.  Fees.

(a) Application fees.

(1) Operator License--$50 [$53]

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$50 [$53]

(3) Specialty Certificate--Hair Weaving, Hair Braiding, Wig, [Shampoo/Conditioning]--$50 [$53]

(4) Student Permit--$25 [(includes law and rules book fee)]

(5) Instructor License--$60 [$70]

(6) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$60 [$70]

(7) Beauty and specialty salons--$106

(8) Booth Rental (Independent Contractor) License-- No fee [$67]

(9) [Private] Beauty Culture School--$300 [$500]

(10) Dual Shop--$130

(11) Mobile Shop--$106

(12) Temporary Beauty Salon, Specialty Salon, or Dual Shop License--$20

(b) Renewal fees.

(1) Operator License--$53 for licenses expiring before February 1, 2014; $50 for licenses expiring on or after February 1, 2014.

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$53 for licenses expiring before February 1, 2014; $50 for licenses expiring on or after February 1, 2014.

(3) Specialty Certificate--Hair Weaving, Hair Braiding, Wig, Shampoo/Conditioning--$53 for certificates expiring before February 1, 2014; $50 for certificates expiring on or after February 1, 2014.

(4) Instructor License--$70 for licenses expiring before February 1, 2014; $60 for licenses expiring on or after February 1, 2014.

(5) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension- $70 for licenses expiring before February 1, 2014; $60 for licenses expiring on or after February 1, 2014.

(6) Beauty and specialty salons--$69

(7) Booth Rental (Independent Contractor) License--$67 for licenses expiring before February 1. 2014; No fee for licenses expiring on or after February 1, 2014.

(8) [Private] Beauty Culture School--$200

(9) Dual Shop--$100

(10) Mobile Shop--$69

(c) [License by] Reciprocity or Endorsement Fee--$50 [$100]

(d)-(k) (No change.)

(l) Law and rule book fee is included in the application and renewal fees for student, individual and establishment licenses, certificates, and permits.

This agency certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on September 9, 2013.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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