Case Information

*1 Hon. Garland Boles Opinion No. M- 1239 Executive Director

Texas Cosmetology Commission Re: Authority of Texas Cosmetology 1111 Rio Grande Street Commission to renew licenses Austin, Texas 78701 for periods of less than one

year for the purpose of stagger- ing anniversary dates of re- newals to achieve efficient administrative work distribu- Dear Mr. Boles: tion, and related questions.

In your recent opinion request you provided us with the following information and questions:

"The Texas Cosmetology Commission seeks opinions on the following questions to determine

if these actions can be accomplished without

petitioning the Legislature for consideration

and approval.

"It is the desire of the Texas Cosmetology Commission to stagger dates of license renewal

and re-issue in order to prevent inconvenience

and excessive costs caused when all licenses

expire on August 31. For these reasons we ask

the following questions:

" 1 . Does the Texas Cosmetology Commission have the authority to renew licenses for periods

of less than one year for the purpose of staggering anniversary dates of renewals to efficiently achieve administrative work distribution?

"2 . Does the Texas Cosmetology Commission have the authority to issue two separate renewal

licenses together for a combined time spand in

excess of one year, (i.e., one license from one

to eleven months and one license for one full year)?

" 3 . If affirmative opinions are issued for questions 1 and 2, can the Commission in its

collection of license fees collect simultaneously

monies for both a prorated license period of less

than one year and that of a full year during the

same state fiscal year?

"The Texas Cosmetology Commission functions under the enactment of House Bill No. 156 by the

62nd Legislature, Regular Session, 1971."

Section 38 of House Bill 156 (Acts 62nd Leg., R.S. 1971,) Ch. 1036, p. 3389, codified as Vernon's Penal Code, Art. 734c, is entitled "Renewal of unexpired licenses" and reads:

"(a) All licenses issued under this Act except temporary licenses expire one year from

the date of issue.

"(b) Applications for renewal of an un- expired license must be filed at least 20 days

prior to the expiration date of the license.

Application shall be on a form prescribed by

the Commission.

"(c) A renewal license shall be issued upon compliance with Subsections (a) and (b)

of this section and payment of the renewal fee

established by this Act."

Under these provisions, the answer to questions 1 and 2 is no. As to licenses presently expiring on August 31, we assume these are expiring one year from date of issue as required by,Section 38(a). Original licenses issued throughout the year to licensees who satisfactorily meet the Commission's requirements expire one year from the date of original issuance and may be renewed at that time and not August 31.

SUMMARY The Texas Cosmetology Commission does not have the authority to renew licenses for periods

of less than one year except temporary licenses,

nor does it have the authority to issue two

separate renewal licenses together for a combined

time span in excess of one year.

General of Texas Prepared by Linda Neeley

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

Austin Bray

James Hackney

Jim Swearingen

Ben Harrison

SAMUEL D. MCDANIEL

Staff Legal Assistant

ALFRED WALKER

Executive Assistant

NOLA WHITE

First Assistant