Hon. Garland Boles

Executive Director Texas Cosmetology Commission 1111 Rio Grande Street Austin, Texas 78701

Dear Mr. Boles: Opinion No. M-1239 Re: Authority ofTexas Cosmetology Commission to renew licenses forperiods of less than one year for thepurpose of staggering anniversary dates of renewals to achieve efficient administrative work distribution, and related questions.

Inyour recent opinion request you provided uswith the following information and questions:

"TheTexas Cosmetology Commission seeks opinions on the following questions todetermine 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 toprevent inconvenience and excessive costs caused when all licenses expire onAugust 31. For these reasonswe ask the following questions: "1
. Does the Texas Cosmetology Commission have the authority to renew licenses forperiods 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 oneyear, (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 forboth aprorated license period of less than oneyear and that of a fullyear during the same state fiscal year? "TheTexas Cosmetology Commission functions under the enactment ofHouse Bill No. 156by the 62nd Legislature, Regular Session, 1971." Section 38of House Bill 156 (Acts62nd Leg., R.S. 1971,) Ch. 1036, p. 3389, codified asVernon's Penal Code, Art. 734c, is entitled "Renewal of unexpired licenses" and reads:

"(a) All licenses issued under thisAct except temporary licenses expire one year from the date of issue. "(b) Applications for renewal of an unexpired license must be filed at least 20days prior to the expiration date of the license. Application shall be on a formprescribed 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 toquestions 1and 2 isno. As to licenses presently expiring onAugust 31,we assume these are expiring one year from date of issue as required by,Section 38(a). Original licenses issued throughout theyear to licensees who satisfactorily meet the Commission's requirements expire one year from the date of original issuance andmay be renewed at that time andnotAugust 31. SUMMARY

The Texas Cosmetology Commission does not have the authority to renew licenses forperiods of less than one year except temporary licenses, nor does ithave the authority to issue two separate renewal licenses together for acombined 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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