Hon. Garland Boles 

Executive Director 

Texas Cosmetology Commission 

1111 Rio Grande Street 

Austin, Texas 78701 

Dear Mr. Boles: 

Opinion No. M- 1239 

Re: Authority of Texas Cosmetology 

Commission to renew licenses 

for periods of less than one 

year for the purpose of staggering anniversary dates of renewals to achieve efficient 

administrative work distribution, 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)? 

-6068- 
Hon. Garland Boles, page 2 (M-1239) 

" 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 unexpired 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. 

-6069- 
Hon. Garland Boles, page 3 (M-1239) 

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 

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