S.B. No. 1615

	AN ACT
	relating to the cosmetology licensure compact.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 9, Occupations Code, is amended by adding
	Chapter 1604 to read as follows:
	CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT
	Sec. 1604.001.  COSMETOLOGY LICENSURE COMPACT. The
	Cosmetology Licensure Compact is enacted and entered into with all
	other jurisdictions that legally join the compact, which reads as
	follows:
	COSMETOLOGY LICENSURE COMPACT
	ARTICLE 1- PURPOSE
	The purpose of this Compact is to facilitate the interstate
	practice and regulation of Cosmetology with the goal of improving
	public access to, and the safety of, Cosmetology Services and
	reducing unnecessary burdens related to Cosmetology licensure.
	Through this Compact, the Member States seek to establish a
	regulatory framework which provides for a new multistate licensing
	program. Through this new licensing program, the Member States
	seek to provide increased value and mobility to licensed
	Cosmetologists in the Member States, while ensuring the provision
	of safe, effective, and reliable services to the public.
	This Compact is designed to achieve the following objectives, and
	the Member States hereby ratify the same intentions by subscribing
	hereto:
	A. Provide opportunities for interstate practice by Cosmetologists
	who meet uniform requirements for multistate licensure;
	B. Enhance the abilities of Member States to protect public health
	and safety, and prevent fraud and unlicensed activity within the
	profession;
	C. Ensure and encourage cooperation between Member States in the
	licensure and regulation of the Practice of Cosmetology;
	D. Support relocating military members and their spouses;
	E. Facilitate the exchange of information between Member States
	related to the licensure, investigation, and discipline of the
	Practice of Cosmetology;
	F. Provide for the licensure and mobility of the workforce in the
	profession, while addressing the shortage of workers and
	lessening the associated burdens on the Member States.
	ARTICLE 2- DEFINITIONS
	As used in this Compact, and except as otherwise provided, the
	following definitions shall govern the terms herein:
	A. "Active Military Member" means any person with full-time duty
	status in the armed forces of the United States, including
	members of the National Guard and Reserve.
	B. "Adverse Action" means any administrative, civil, equitable, or
	criminal action permitted by a Member State's laws which is
	imposed by a State Licensing Authority or other regulatory body
	against a Cosmetologist, including actions against an
	individual's license or Authorization to Practice such as
	revocation, suspension, probation, monitoring of the Licensee,
	limitation of the Licensee's practice, or any other Encumbrance
	on a license affecting an individual's ability to participate in
	the Cosmetology industry, including the issuance of a cease and
	desist order.
	C. "Authorization to Practice" means a legal authorization
	associated with a Multistate License permitting the Practice of
	Cosmetology in that Remote State, which shall be subject to the
	enforcement jurisdiction of the State Licensing Authority in
	that Remote State.
	D. "Alternative Program" means a non-disciplinary monitoring or
	prosecutorial diversion program approved by a Member State's
	State Licensing Authority.
	E. "Background Check" means the submission of information for an
	applicant for the purpose of obtaining that applicant's criminal
	history record information, as further defined in 28 C.F.R. §
	20.3(d), from the Federal Bureau of Investigation and the agency
	responsible for retaining State criminal or disciplinary history
	in the applicant's Home State.
	F. "Charter Member State" means Member States who have enacted
	legislation to adopt this Compact where such legislation
	predates the effective date of this Compact as defined in Article
	13.
	G. "Commission" means the government agency whose membership
	consists of all States that have enacted this Compact, which is
	known as the Cosmetology Licensure Compact Commission, as
	defined in Article 9, and which shall operate as an
	instrumentality of the Member States.
	H. "Cosmetologist" means an individual licensed in their Home State
	to practice Cosmetology.
	I. "Cosmetology", "Cosmetology Services", and the "Practice of
	Cosmetology" mean the care and services provided by a
	Cosmetologist as set forth in the Member State's statutes and
	regulations in the State where the services are being provided.
	J. "Current Significant Investigative Information" means:
	1. Investigative Information that a State Licensing
	Authority, after an inquiry or investigation that
	complies with a Member State's due process
	requirements, has reason to believe is not groundless
	and, if proved true, would indicate a violation of that
	State's laws regarding fraud or the Practice of
	Cosmetology; or
	2. Investigative Information that indicates that a
	Licensee has engaged in fraud or represents an
	immediate threat to public health and safety,
	regardless of whether the Licensee has been notified
	and had an opportunity to respond.
	K. "Data System" means a repository of information about Licensees,
	including, but not limited to, license status, Investigative
	Information, and Adverse Actions.
	L. "Disqualifying Event" means any event which shall disqualify an
	individual from holding a Multistate License under this Compact,
	which the Commission may by Rule or order specify.
	M. "Encumbered License" means a license in which an Adverse Action
	restricts the Practice of Cosmetology by a Licensee, or where
	said Adverse Action has been reported to the Commission.
	N. "Encumbrance" means a revocation or suspension of, or any
	limitation on, the full and unrestricted Practice of Cosmetology
	by a State Licensing Authority.
	O. "Executive Committee" means a group of delegates elected or
	appointed to act on behalf of, and within the powers granted to
	them by, the Commission.
	P. "Home State" means the Member State which is a Licensee's
	primary State of residence, and where that Licensee holds an
	active and unencumbered license to practice Cosmetology.
	Q. "Investigative Information" means information, records, or
	documents received or generated by a State Licensing Authority
	pursuant to an investigation or other inquiry.
	R. "Jurisprudence Requirement" means the assessment of an
	individual's knowledge of the laws and rules governing the
	Practice of Cosmetology in a State.
	S. "Licensee" means an individual who currently holds a license
	from a Member State to practice as a Cosmetologist.
	T. "Member State" means any State that has adopted this Compact.
	U. "Multistate License" means a license issued by and subject to
	the enforcement jurisdiction of the State Licensing Authority in
	a Licensee's Home State, which authorizes the Practice of
	Cosmetology in Member States and includes Authorizations to
	Practice Cosmetology in all Remote States pursuant to this
	Compact.
	V. "Remote State" means any Member State, other than the Licensee's
	Home State.
	W. "Rule" means any rule or regulation promulgated by the
	Commission under this Compact which has the force of law.
	X. "Single-State License" means a Cosmetology license issued by a
	Member State that authorizes practice of Cosmetology only within
	the issuing State and does not include any authorization outside
	of the issuing State.
	Y. "State" means a State, territory, or possession of the United
	States and the District of Columbia.
	Z. "State Licensing Authority" means a Member State's regulatory
	body responsible for issuing Cosmetology licenses or otherwise
	overseeing the Practice of Cosmetology in that State.
	ARTICLE 3- MEMBER STATE REQUIREMENTS
	A. To be eligible to join this Compact, and to maintain eligibility
	as a Member State, a State must:
	1. License and regulate Cosmetology;
	2. Have a mechanism or entity in place to receive and
	investigate complaints about Licensees practicing in
	that State;
	3. Require that Licensees within the State pass a
	Cosmetology competency examination prior to being
	licensed to provide Cosmetology Services to the public
	in that State;
	4. Require that Licensees satisfy educational or training
	requirements in Cosmetology prior to being licensed to
	provide Cosmetology Services to the public in that
	State;
	5. Implement procedures for considering one or more of the
	following categories of information from applicants for
	licensure: criminal history; disciplinary history; or
	Background Check. Such procedures may include the
	submission of information by applicants for the purpose
	of obtaining an applicant's Background Check as defined
	herein;
	6. Participate in the Data System, including through the
	use of unique identifying numbers;
	7. Share information related to Adverse Actions with the
	Commission and other Member States, both through the
	Data System and otherwise;
	8. Notify the Commission and other Member States, in
	compliance with the terms of the Compact and Rules of
	the Commission, of the existence of Investigative
	Information or Current Significant Investigative
	Information in the State's possession regarding a
	Licensee practicing in that State;
	9. Comply with such Rules as may be enacted by the
	Commission to administer the Compact; and
	10. Accept Licensees from other Member States as
	established herein.
	B. Member States may charge a fee for granting a license to practice
	Cosmetology.
	C. Individuals not residing in a Member State shall continue to be
	able to apply for a Member State's Single-State License as
	provided under the laws of each Member State. However, the
	Single-State License granted to these individuals shall not be
	recognized as granting a Multistate License to provide services
	in any other Member State.
	D. Nothing in this Compact shall affect the requirements
	established by a Member State for the issuance of a Single-State
	License.
	E. A Multistate License issued to a Licensee by a Home State to a
	resident of that State shall be recognized by each Member State
	as authorizing a Licensee to practice Cosmetology in each Member
	State.
	F. At no point shall the Commission have the power to define the
	educational or professional requirements for a license to
	practice Cosmetology. The Member States shall retain sole
	jurisdiction over the provision of these requirements.
	ARTICLE 4- MULTISTATE LICENSE
	A. To be eligible to apply to their Home State's State Licensing
	Authority for an initial Multistate License under this Compact,
	a Licensee must hold an active and unencumbered Single-State
	License to practice Cosmetology in their Home State.
	B. Upon the receipt of an application for a Multistate License,
	according to the Rules of the Commission, a Member State's State
	Licensing Authority shall ascertain whether the applicant meets
	the requirements for a Multistate License under this Compact.
	C. If an applicant meets the requirements for a Multistate License
	under this Compact and any applicable Rules of the Commission,
	the State Licensing Authority in receipt of the application
	shall, within a reasonable time, grant a Multistate License to
	that applicant, and inform all Member States of the grant of said
	Multistate License.
	D. A Multistate License to practice Cosmetology issued by a Member
	State's State Licensing Authority shall be recognized by each
	Member State as authorizing the practice thereof as though that
	Licensee held a Single-State License to do so in each Member
	State, subject to the restrictions herein.
	E. A Multistate License granted pursuant to this Compact may be
	effective for a definite period of time, concurrent with the
	licensure renewal period in the Home State.
	F. To maintain a Multistate License under this Compact, a Licensee
	must:
	1. Agree to abide by the rules of the State Licensing
	Authority, and the State scope of practice laws
	governing the Practice of Cosmetology, of any Member
	State in which the Licensee provides services;
	2. Pay all required fees related to the application and
	process, and any other fees which the Commission may by
	Rule require; and
	3. Comply with any and all other requirements regarding
	Multistate Licenses which the Commission may by Rule
	provide.
	G. A Licensee practicing in a Member State is subject to all scope
	of practice laws governing Cosmetology Services in that State.
	H. The Practice of Cosmetology under a Multistate License granted
	pursuant to this Compact will subject the Licensee to the
	jurisdiction of the State Licensing Authority, the courts, and
	the laws of the Member State in which the Cosmetology Services
	are provided.
	ARTICLE 5- REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
	A. A Licensee may hold a Multistate License, issued by their Home
	State, in only one Member State at any given time.
	B. If a Licensee changes their Home State by moving between two
	Member States:
	1. The Licensee shall immediately apply for the reissuance
	of their Multistate License in their new Home State. The
	Licensee shall pay all applicable fees and notify the
	prior Home State in accordance with the Rules of the
	Commission.
	2. Upon receipt of an application to reissue a Multistate
	License, the new Home State shall verify that the
	Multistate License is active, unencumbered and eligible
	for reissuance under the terms of the Compact and the
	Rules of the Commission. The Multistate License issued
	by the prior Home State will be deactivated and all
	Member States notified in accordance with the
	applicable Rules adopted by the Commission.
	3. If required for initial licensure, the new Home State
	may require a Background Check as specified in the laws
	of that State, or the compliance with any Jurisprudence
	Requirements of the new Home State.
	4. Notwithstanding any other provision of this Compact, if
	a Licensee does not meet the requirements set forth in
	this Compact for the reissuance of a Multistate License
	by the new Home State, then the Licensee shall be
	subject to the new Home State requirements for the
	issuance of a Single-State License in that State.
	C. If a Licensee changes their primary state of residence by moving
	from a Member State to a non-Member State, or from a non-Member
	State to a Member State, then the Licensee shall be subject to
	the State requirements for the issuance of a Single-State
	License in the new Home State.
	D. Nothing in this Compact shall interfere with a Licensee's
	ability to hold a Single-State License in multiple States;
	however, for the purposes of this Compact, a Licensee shall have
	only one Home State, and only one Multistate License.
	E. Nothing in this Compact shall interfere with the requirements
	established by a Member State for the issuance of a Single-State
	License.
	ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
	LICENSING AUTHORITIES
	A. Nothing in this Compact, nor any Rule or regulation of the
	Commission, shall be construed to limit, restrict, or in any way
	reduce the ability of a Member State to enact and enforce laws,
	regulations, or other rules related to the Practice of
	Cosmetology in that State, where those laws, regulations, or
	other rules are not inconsistent with the provisions of this
	Compact.
	B. Insofar as practical, a Member State's State Licensing Authority
	shall cooperate with the Commission and with each entity
	exercising independent regulatory authority over the Practice of
	Cosmetology according to the provisions of this Compact.
	C. Discipline shall be the sole responsibility of the State in
	which Cosmetology Services are provided. Accordingly, each
	Member State's State Licensing Authority shall be responsible
	for receiving complaints about individuals practicing
	Cosmetology in that State, and for communicating all relevant
	Investigative Information about any such Adverse Action to the
	other Member States through the Data System in addition to any
	other methods the Commission may by Rule require.
	ARTICLE 7- ADVERSE ACTIONS
	A. A Licensee's Home State shall have exclusive power to impose an
	Adverse Action against a Licensee's Multistate License issued by
	the Home State.
	B. A Home State may take Adverse Action on a Multistate License
	based on the Investigative Information, Current Significant
	Investigative Information, or Adverse Action of a Remote State.
	C. In addition to the powers conferred by State law, each Remote
	State's State Licensing Authority shall have the power to:
	1. Take Adverse Action against a Licensee's Authorization
	to Practice Cosmetology through the Multistate License
	in that Member State, provided that:
	a. Only the Licensee's Home State shall have the
	power to take Adverse Action against the
	Multistate License issued by the Home State; and
	b. For the purposes of taking Adverse Action, the
	Home State's State Licensing Authority shall give
	the same priority and effect to reported conduct
	received from a Remote State as it would if such
	conduct had occurred within the Home State. In so
	doing, the Home State shall apply its own State
	laws to determine the appropriate action.
	2. Issue cease and desist orders or impose an Encumbrance
	on a Licensee's Authorization to Practice within that
	Member State.
	3. Complete any pending investigations of a Licensee who
	changes their primary state of residence during the
	course of such an investigation. The State Licensing
	Authority shall also be empowered to report the results
	of such an investigation to the Commission through the
	Data System as described herein.
	4. Issue subpoenas for both hearings and investigations
	that require the attendance and testimony of witnesses,
	as well as the production of evidence. Subpoenas issued
	by a State Licensing Authority in a Member State for the
	attendance and testimony of witnesses or the production
	of evidence from another Member State shall be enforced
	in the latter State by any court of competent
	jurisdiction, according to the practice and procedure
	of that court applicable to subpoenas issued in
	proceedings before it. The issuing State Licensing
	Authority shall pay any witness fees, travel expenses,
	mileage, and other fees required by the service
	statutes of the State in which the witnesses or evidence
	are located.
	5. If otherwise permitted by State law, recover from the
	affected Licensee the costs of investigations and
	disposition of cases resulting from any Adverse Action
	taken against that Licensee.
	6. Take Adverse Action against the Licensee's
	Authorization to Practice in that State based on the
	factual findings of another Remote State.
	D. A Licensee's Home State shall complete any pending
	investigation(s) of a Cosmetologist who changes their primary
	state of residence during the course of the investigation(s).
	The Home State shall also have the authority to take appropriate
	action(s) and shall promptly report the conclusions of the
	investigations to the Data System.
	E. If an Adverse Action is taken by the Home State against a
	Licensee's Multistate License, the Licensee's Authorization to
	Practice in all other Member States shall be deactivated until
	all Encumbrances have been removed from the Home State license.
	All Home State disciplinary orders that impose an Adverse Action
	against a Licensee's Multistate License shall include a
	statement that the Cosmetologist's Authorization to Practice is
	deactivated in all Member States during the pendency of the
	order.
	F. Nothing in this Compact shall override a Member State's
	authority to accept a Licensee's participation in an Alternative
	Program in lieu of Adverse Action. A Licensee's Multistate
	License shall be suspended for the duration of the Licensee's
	participation in any Alternative Program.
	G. Joint Investigations
	1. In addition to the authority granted to a Member State
	by its respective scope of practice laws or other
	applicable State law, a Member State may participate
	with other Member States in joint investigations of
	Licensees.
	2. Member States shall share any investigative,
	litigation, or compliance materials in furtherance of
	any joint or individual investigation initiated under
	the Compact.
	ARTICLE 8- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
	Active Military Members, or their spouses, shall designate a Home
	State where the individual has a current license to practice
	Cosmetology in good standing. The individual may retain their Home
	State designation during any period of service when that individual
	or their spouse is on active duty assignment.
	ARTICLE 9- ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
	COMPACT COMMISSION
	A. The Compact Member States hereby create and establish a joint
	government agency whose membership consists of all Member States
	that have enacted the Compact known as the Cosmetology Licensure
	Compact Commission. The Commission is an instrumentality of the
	Compact Member States acting jointly and not an instrumentality
	of any one State. The Commission shall come into existence on or
	after the effective date of the Compact as set forth in Article
	13.
	B. Membership, Voting, and Meetings
	1. Each Member State shall have and be limited to one (1)
	delegate selected by that Member State’s State
	Licensing Authority.
	2. The delegate shall be an administrator of the State
	Licensing Authority of the Member State or their
	designee.
	3. The Commission shall by Rule or bylaw establish a term
	of office for delegates and may by Rule or bylaw
	establish term limits.
	4. The Commission may recommend removal or suspension of
	any delegate from office.
	5. A Member State’s State Licensing Authority shall fill
	any vacancy of its delegate occurring on the Commission
	within 60 days of the vacancy.
	6. Each delegate shall be entitled to one vote on all
	matters that are voted on by the Commission.
	7. The Commission shall meet at least once during each
	calendar year. Additional meetings may be held as set
	forth in the bylaws. The Commission may meet by
	telecommunication, video conference or other similar
	electronic means.
	C. The Commission shall have the following powers:
	1. Establish the fiscal year of the Commission;
	2. Establish code of conduct and conflict of interest
	policies;
	3. Adopt Rules and bylaws;
	4. Maintain its financial records in accordance with the
	bylaws;
	5. Meet and take such actions as are consistent with the
	provisions of this Compact, the Commission’s Rules, and
	the bylaws;
	6. Initiate and conclude legal proceedings or actions in
	the name of the Commission, provided that the standing
	of any State Licensing Authority to sue or be sued under
	applicable law shall not be affected;
	7. Maintain and certify records and information provided
	to a Member State as the authenticated business records
	of the Commission, and designate an agent to do so on
	the Commission's behalf;
	8. Purchase and maintain insurance and bonds;
	9. Borrow, accept, or contract for services of personnel,
	including, but not limited to, employees of a Member
	State;
	10. Conduct an annual financial review;
	11. Hire employees, elect or appoint officers, fix
	compensation, define duties, grant such individuals
	appropriate authority to carry out the purposes of the
	Compact, and establish the Commission's personnel
	policies and programs relating to conflicts of
	interest, qualifications of personnel, and other
	related personnel matters;
	12. As set forth in the Commission Rules, charge a fee to a
	Licensee for the grant of a Multistate License and
	thereafter, as may be established by Commission Rule,
	charge the Licensee a Multistate License renewal fee
	for each renewal period. Nothing herein shall be
	construed to prevent a Home State from charging a
	Licensee a fee for a Multistate License or renewals of a
	Multistate License, or a fee for the jurisprudence
	requirement if the Member State imposes such a
	requirement for the grant of a Multistate License;
	13. Assess and collect fees;
	14. Accept any and all appropriate gifts, donations,
	grants of money, other sources of revenue, equipment,
	supplies, materials, and services, and receive,
	utilize, and dispose of the same; provided that at all
	times the Commission shall avoid any appearance of
	impropriety or conflict of interest;
	15. Lease, purchase, retain, own, hold, improve, or use any
	property, real, personal, or mixed, or any undivided
	interest therein;
	16. Sell, convey, mortgage, pledge, lease, exchange,
	abandon, or otherwise dispose of any property real,
	personal, or mixed;
	17. Establish a budget and make expenditures;
	18. Borrow money;
	19. Appoint committees, including standing committees,
	composed of members, State regulators, State
	legislators or their representatives, and consumer
	representatives, and such other interested persons as
	may be designated in this Compact and the bylaws;
	20. Provide and receive information from, and cooperate
	with, law enforcement agencies;
	21. Elect a Chair, Vice Chair, Secretary and Treasurer and
	such other officers of the Commission as provided in the
	Commission's bylaws;
	22. Establish and elect an Executive Committee, including
	a chair and a vice chair;
	23. Adopt and provide to the Member States an annual
	report.
	24. Determine whether a State's adopted language is
	materially different from the model Compact language
	such that the State would not qualify for participation
	in the Compact; and
	25. Perform such other functions as may be necessary or
	appropriate to achieve the purposes of this Compact.
	D. The Executive Committee
	1. The Executive Committee shall have the power to act on
	behalf of the Commission according to the terms of this
	Compact. The powers, duties, and responsibilities of
	the Executive Committee shall include:
	a. Overseeing the day-to-day activities of the
	administration of the Compact including
	compliance with the provisions of the Compact, the
	Commission's Rules and bylaws, and other such
	duties as deemed necessary;
	b. Recommending to the Commission changes to the
	Rules or bylaws, changes to this Compact
	legislation, fees charged to Compact Member
	States, fees charged to Licensees, and other fees;
	c. Ensuring Compact administration services are
	appropriately provided, including by contract;
	d. Preparing and recommending the budget;
	e. Maintaining financial records on behalf of the
	Commission;
	f. Monitoring Compact compliance of Member States
	and providing compliance reports to the
	Commission;
	g. Establishing additional committees as necessary;
	h. Exercising the powers and duties of the
	Commission during the interim between Commission
	meetings, except for adopting or amending Rules,
	adopting or amending bylaws, and exercising any
	other powers and duties expressly reserved to the
	Commission by Rule or bylaw; and
	i. Other duties as provided in the Rules or bylaws of
	the Commission.
	2. The Executive Committee shall be composed of up to
	seven voting members:
	a. The chair and vice chair of the Commission and any
	other members of the Commission who serve on the
	Executive Committee shall be voting members of the
	Executive Committee; and
	b. Other than the chair, vice-chair, secretary and
	treasurer, the Commission shall elect three
	voting members from the current membership of the
	Commission.
	c. The Commission may elect ex-officio, nonvoting
	members from a recognized national Cosmetology
	professional association as approved by the
	Commission. The Commission's bylaws shall
	identify qualifying organizations and the manner
	of appointment if the number of organizations
	seeking to appoint an ex officio member exceeds
	the number of members specified in this Article.
	3. The Commission may remove any member of the Executive
	Committee as provided in the Commission's bylaws.
	4. The Executive Committee shall meet at least annually.
	a. Annual Executive Committee meetings, as well as
	any Executive Committee meeting at which it does
	not take or intend to take formal action on a
	matter for which a Commission vote would otherwise
	be required, shall be open to the public, except
	that the Executive Committee may meet in a closed,
	non-public session of a public meeting when
	dealing with any of the matters covered under
	Article 9.F.4.
	b. The Executive Committee shall give five business
	days advance notice of its public meetings, posted
	on its website and as determined to provide notice
	to persons with an interest in the public matters
	the Executive Committee intends to address at
	those meetings.
	5. The Executive Committee may hold an emergency meeting
	when acting for the Commission to:
	a. Meet an imminent threat to public health, safety,
	or welfare;
	b. Prevent a loss of Commission or Member State
	funds; or
	c. Protect public health and safety.
	E. The Commission shall adopt and provide to the Member States an
	annual report.
	F. Meetings of the Commission
	1. All meetings of the Commission that are not closed
	pursuant to Article 9.F.4 shall be open to the public.
	Notice of public meetings shall be posted on the
	Commission's website at least thirty (30) days prior to
	the public meeting.
	2. Notwithstanding Article 9.F.1, the Commission may
	convene an emergency public meeting by providing at
	least twenty-four (24) hours prior notice on the
	Commission's website, and any other means as provided in
	the Commission's Rules, for any of the reasons it may
	dispense with notice of proposed rulemaking under
	Article 11.L. The Commission's legal counsel shall
	certify that one of the reasons justifying an emergency
	public meeting has been met.
	3. Notice of all Commission meetings shall provide the
	time, date, and location of the meeting, and if the
	meeting is to be held or accessible via
	telecommunication, video conference, or other
	electronic means, the notice shall include the
	mechanism for access to the meeting.
	4. The Commission may convene in a closed, non-public
	meeting for the Commission to discuss:
	a. Non-compliance of a Member State with its
	obligations under the Compact;
	b. The employment, compensation, discipline or other
	matters, practices or procedures related to
	specific employees or other matters related to the
	Commission's internal personnel practices and
	procedures;
	c. Current or threatened discipline of a Licensee by
	the Commission or by a Member State's Licensing
	Authority;
	d. Current, threatened, or reasonably anticipated
	litigation;
	e. Negotiation of contracts for the purchase, lease,
	or sale of goods, services, or real estate;
	f. Accusing any person of a crime or formally
	censuring any person;
	g. Trade secrets or commercial or financial
	information that is privileged or confidential;
	h. Information of a personal nature where disclosure
	would constitute a clearly unwarranted invasion
	of personal privacy;
	i. Investigative records compiled for law
	enforcement purposes;
	j. Information related to any investigative reports
	prepared by or on behalf of or for use of the
	Commission or other committee charged with
	responsibility of investigation or determination
	of compliance issues pursuant to the Compact;
	k. Legal advice;
	l. Matters specifically exempted from disclosure to
	the public by federal or Member State law; or
	m. Other matters as promulgated by the Commission by
	Rule.
	5. If a meeting, or portion of a meeting, is closed, the
	presiding officer shall state that the meeting will be
	closed and reference each relevant exempting provision,
	and such reference shall be recorded in the minutes.
	6. The Commission shall keep minutes that fully and
	clearly describe all matters discussed in a meeting and
	shall provide a full and accurate summary of actions
	taken, and the reasons therefore, including a
	description of the views expressed. All documents
	considered in connection with an action shall be
	identified in such minutes. All minutes and documents
	of a closed meeting shall remain under seal, subject to
	release only by a majority vote of the Commission or
	order of a court of competent jurisdiction.
	G. Financing of the Commission
	1. The Commission shall pay, or provide for the payment
	of, the reasonable expenses of its establishment,
	organization, and ongoing activities.
	2. The Commission may accept any and all appropriate
	sources of revenue, donations, and grants of money,
	equipment, supplies, materials, and services.
	3. The Commission may levy on and collect an annual
	assessment from each Member State and impose fees on
	Licensees of Member States to whom it grants a
	Multistate License to cover the cost of the operations
	and activities of the Commission and its staff, which
	must be in a total amount sufficient to cover its annual
	budget as approved each year for which revenue is not
	provided by other sources. The aggregate annual
	assessment amount for Member States shall be allocated
	based upon a formula that the Commission shall
	promulgate by Rule.
	4. The Commission shall not incur obligations of any kind
	prior to securing the funds adequate to meet the same;
	nor shall the Commission pledge the credit of any Member
	States, except by and with the authority of the Member
	State.
	5. The Commission shall keep accurate accounts of all
	receipts and disbursements. The receipts and
	disbursements of the Commission shall be subject to the
	financial review and accounting procedures established
	under its bylaws. All receipts and disbursements of
	funds handled by the Commission shall be subject to an
	annual financial review by a certified or licensed
	public accountant, and the report of the financial
	review shall be included in and become part of the
	annual report of the Commission.
	H. Qualified Immunity, Defense, and Indemnification
	1. The members, officers, executive director, employees
	and representatives of the Commission shall be immune
	from suit and liability, both personally and in their
	official capacity, for any claim for damage to or loss
	of property or personal injury or other civil liability
	caused by or arising out of any actual or alleged act,
	error, or omission that occurred, or that the person
	against whom the claim is made had a reasonable basis
	for believing occurred within the scope of Commission
	employment, duties or responsibilities; provided that
	nothing in this paragraph shall be construed to protect
	any such person from suit or liability for any damage,
	loss, injury, or liability caused by the intentional or
	willful or wanton misconduct of that person. The
	procurement of insurance of any type by the Commission
	shall not in any way compromise or limit the immunity
	granted hereunder.
	2. The Commission shall defend any member, officer,
	executive director, employee, and representative of the
	Commission in any civil action seeking to impose
	liability arising out of any actual or alleged act,
	error, or omission that occurred within the scope of
	Commission employment, duties, or responsibilities, or
	as determined by the Commission that the person against
	whom the claim is made had a reasonable basis for
	believing occurred within the scope of Commission
	employment, duties, or responsibilities; provided that
	nothing herein shall be construed to prohibit that
	person from retaining their own counsel at their own
	expense; and provided further, that the actual or
	alleged act, error, or omission did not result from that
	person's intentional or willful or wanton misconduct.
	3. The Commission shall indemnify and hold harmless any
	member, officer, executive director, employee, and
	representative of the Commission for the amount of any
	settlement or judgment obtained against that person
	arising out of any actual or alleged act, error, or
	omission that occurred within the scope of Commission
	employment, duties, or responsibilities, or that such
	person had a reasonable basis for believing occurred
	within the scope of Commission employment, duties, or
	responsibilities, provided that the actual or alleged
	act, error, or omission did not result from the
	intentional or willful or wanton misconduct of that
	person.
	4. Nothing herein shall be construed as a limitation on
	the liability of any Licensee for professional
	malpractice or misconduct, which shall be governed
	solely by any other applicable State laws.
	5. Nothing in this Compact shall be interpreted to waive
	or otherwise abrogate a Member State's State action
	immunity or State action affirmative defense with
	respect to antitrust claims under the Sherman Act,
	Clayton Act, or any other State or federal antitrust or
	anticompetitive law or regulation.
	6. Nothing in this Compact shall be construed to be a
	waiver of sovereign immunity by the Member States or by
	the Commission.
	ARTICLE 10- DATA SYSTEM
	A. The Commission shall provide for the development, maintenance,
	operation, and utilization of a coordinated database and
	reporting system.
	B. The Commission shall assign each applicant for a Multistate
	License a unique identifier, as determined by the Rules of the
	Commission.
	C. Notwithstanding any other provision of State law to the
	contrary, a Member State shall submit a uniform data set to the
	Data System on all individuals to whom this Compact is applicable
	as required by the Rules of the Commission, including:
	1. Identifying information;
	2. Licensure data;
	3. Adverse Actions against a license and information
	related thereto;
	4. Non-confidential information related to Alternative
	Program participation, the beginning and ending dates
	of such participation, and other information related to
	such participation;
	5. Any denial of application for licensure, and the
	reason(s) for such denial (excluding the reporting of
	any criminal history record information where
	prohibited by law);
	6. The existence of Investigative Information;
	7. The existence of Current Significant Investigative
	Information; and
	8. Other information that may facilitate the
	administration of this Compact or the protection of the
	public, as determined by the Rules of the Commission.
	D. The records and information provided to a Member State pursuant
	to this Compact or through the Data System, when certified by the
	Commission or an agent thereof, shall constitute the
	authenticated business records of the Commission, and shall be
	entitled to any associated hearsay exception in any relevant
	judicial, quasi-judicial or administrative proceedings in a
	Member State.
	E. The existence of Current Significant Investigative Information
	and the existence of Investigative Information pertaining to a
	Licensee in any Member State will only be available to other
	Member States.
	F. It is the responsibility of the Member States to monitor the
	database to determine whether Adverse Action has been taken
	against such a Licensee or License applicant. Adverse Action
	information pertaining to a Licensee or License applicant in any
	Member State will be available to any other Member State.
	G. Member States contributing information to the Data System may
	designate information that may not be shared with the public
	without the express permission of the contributing State.
	H. Any information submitted to the Data System that is
	subsequently expunged pursuant to federal law or the laws of the
	Member State contributing the information shall be removed from
	the Data System.
	ARTICLE 11- RULEMAKING
	A. The Commission shall promulgate reasonable Rules in order to
	effectively and efficiently implement and administer the
	purposes and provisions of the Compact. A Rule shall be invalid
	and have no force or effect only if a court of competent
	jurisdiction holds that the Rule is invalid because the
	Commission exercised its rulemaking authority in a manner that
	is beyond the scope and purposes of the Compact, or the powers
	granted hereunder, or based upon another applicable standard of
	review.
	B. The Rules of the Commission shall have the force of law in each
	Member State, provided however that where the Rules of the
	Commission conflict with the laws of the Member State that
	establish the Member State's scope of practice laws governing the
	Practice of Cosmetology as held by a court of competent
	jurisdiction, the Rules of the Commission shall be ineffective
	in that State to the extent of the conflict.
	C. The Commission shall exercise its rulemaking powers pursuant to
	the criteria set forth in this Article and the Rules adopted
	thereunder. Rules shall become binding as of the date specified
	by the Commission for each Rule.
	D. If a majority of the legislatures of the Member States rejects a
	Rule or portion of a Rule, by enactment of a statute or
	resolution in the same manner used to adopt the Compact within
	four (4) years of the date of adoption of the Rule, then such Rule
	shall have no further force and effect in any Member State or to
	any State applying to participate in the Compact.
	E. Rules shall be adopted at a regular or special meeting of the
	Commission.
	F. Prior to adoption of a proposed Rule, the Commission shall hold a
	public hearing and allow persons to provide oral and written
	comments, data, facts, opinions, and arguments.
	G. Prior to adoption of a proposed Rule by the Commission, and at
	least thirty (30) days in advance of the meeting at which the
	Commission will hold a public hearing on the proposed Rule, the
	Commission shall provide a notice of proposed rulemaking:
	1. On the website of the Commission or other publicly
	accessible platform;
	2. To persons who have requested notice of the
	Commission's notices of proposed rulemaking; and
	3. In such other way(s) as the Commission may by Rule
	specify.
	H. The notice of proposed rulemaking shall include:
	1. The time, date, and location of the public hearing at
	which the Commission will hear public comments on the
	proposed Rule and, if different, the time, date, and
	location of the meeting where the Commission will
	consider and vote on the proposed Rule;
	2. If the hearing is held via telecommunication, video
	conference, or other electronic means, the Commission
	shall include the mechanism for access to the hearing in
	the notice of proposed rulemaking;
	3. The text of the proposed Rule and the reason therefor;
	4. A request for comments on the proposed Rule from any
	interested person; and
	5. The manner in which interested persons may submit
	written comments.
	I. All hearings will be recorded. A copy of the recording and all
	written comments and documents received by the Commission in
	response to the proposed Rule shall be available to the public.
	J. Nothing in this Article shall be construed as requiring a
	separate hearing on each Rule. Rules may be grouped for the
	convenience of the Commission at hearings required by this
	Article.
	K. The Commission shall, by majority vote of all members, take
	final action on the proposed Rule based on the rulemaking record
	and the full text of the Rule.
	1. The Commission may adopt changes to the proposed Rule
	provided the changes do not enlarge the original
	purpose of the proposed Rule.
	2. The Commission shall provide an explanation of the
	reasons for substantive changes made to the proposed
	Rule as well as reasons for substantive changes not made
	that were recommended by commenters.
	3. The Commission shall determine a reasonable effective
	date for the Rule. Except for an emergency as provided
	in Article 11.L, the effective date of the Rule shall be
	no sooner than forty-five (45) days after the
	Commission issuing the notice that it adopted or
	amended the Rule.
	L. Upon determination that an emergency exists, the Commission may
	consider and adopt an emergency Rule with five (5) days' notice,
	with opportunity to comment, provided that the usual rulemaking
	procedures provided in the Compact and in this Article shall be
	retroactively applied to the Rule as soon as reasonably
	possible, in no event later than ninety (90) days after the
	effective date of the Rule. For the purposes of this provision,
	an emergency Rule is one that must be adopted immediately to:
	1. Meet an imminent threat to public health, safety, or
	welfare;
	2. Prevent a loss of Commission or Member State funds;
	3. Meet a deadline for the promulgation of a Rule that is
	established by federal law or rule; or
	4. Protect public health and safety.
	M. The Commission or an authorized committee of the Commission may
	direct revisions to a previously adopted Rule for purposes of
	correcting typographical errors, errors in format, errors in
	consistency, or grammatical errors. Public notice of any
	revisions shall be posted on the website of the Commission. The
	revision shall be subject to challenge by any person for a period
	of thirty (30) days after posting. The revision may be
	challenged only on grounds that the revision results in a
	material change to a Rule. A challenge shall be made in writing
	and delivered to the Commission prior to the end of the notice
	period. If no challenge is made, the revision will take effect
	without further action. If the revision is challenged, the
	revision may not take effect without the approval of the
	Commission.
	N. No Member State's rulemaking requirements shall apply under this
	Compact.
	ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
	A. Oversight
	1.  The executive and judicial branches of State
	government in each Member State shall enforce this
	Compact and take all actions necessary and appropriate
	to implement the Compact.
	2.  Venue is proper and judicial proceedings by or against
	the Commission shall be brought solely and exclusively
	in a court of competent jurisdiction where the
	principal office of the Commission is located. The
	Commission may waive venue and jurisdictional defenses
	to the extent it adopts or consents to participate in
	alternative dispute resolution proceedings. Nothing
	herein shall affect or limit the selection or propriety
	of venue in any action against a Licensee for
	professional malpractice, misconduct or any such
	similar matter.
	3. The Commission shall be entitled to receive service of
	process in any proceeding regarding the enforcement or
	interpretation of the Compact and shall have standing
	to intervene in such a proceeding for all purposes.
	Failure to provide the Commission service of process
	shall render a judgment or order void as to the
	Commission, this Compact, or promulgated Rules.
	B. Default, Technical Assistance, and Termination
	1. If the Commission determines that a Member State has
	defaulted in the performance of its obligations or
	responsibilities under this Compact or the promulgated
	Rules, the Commission shall provide written notice to
	the defaulting State. The notice of default shall
	describe the default, the proposed means of curing the
	default, and any other action that the Commission may
	take, and shall offer training and specific technical
	assistance regarding the default.
	2. The Commission shall provide a copy of the notice of
	default to the other Member States.
	3. If a State in default fails to cure the default, the
	defaulting State may be terminated from the Compact
	upon an affirmative vote of a majority of the delegates
	of the Member States, and all rights, privileges and
	benefits conferred on that State by this Compact may be
	terminated on the effective date of termination. A cure
	of the default does not relieve the offending State of
	obligations or liabilities incurred during the period
	of default.
	4. Termination of membership in the Compact shall be
	imposed only after all other means of securing
	compliance have been exhausted. Notice of intent to
	suspend or terminate shall be given by the Commission to
	the governor, the majority and minority leaders of the
	defaulting State's legislature, the defaulting State's
	State Licensing Authority and each of the Member States'
	State Licensing Authority.
	5. A State that has been terminated is responsible for all
	assessments, obligations, and liabilities incurred
	through the effective date of termination, including
	obligations that extend beyond the effective date of
	termination.
	6. Upon the termination of a State's membership from this
	Compact, that State shall immediately provide notice to
	all Licensees who hold a Multistate License within that
	State of such termination. The terminated State shall
	continue to recognize all licenses granted pursuant to
	this Compact for a minimum of one hundred eighty (180)
	days after the date of said notice of termination.
	7. The Commission shall not bear any costs related to a
	State that is found to be in default or that has been
	terminated from the Compact, unless agreed upon in
	writing between the Commission and the defaulting
	State.
	8. The defaulting State may appeal the action of the
	Commission by petitioning the United States District
	Court for the District of Columbia or the federal
	district where the Commission has its principal
	offices. The prevailing party shall be awarded all
	costs of such litigation, including reasonable
	attorney's fees.
	C. Dispute Resolution
	1. Upon request by a Member State, the Commission shall
	attempt to resolve disputes related to the Compact that
	arise among Member States and between Member and
	non-Member States.
	2. The Commission shall promulgate a Rule providing for
	both mediation and binding dispute resolution for
	disputes as appropriate.
	D. Enforcement
	1. The Commission, in the reasonable exercise of its
	discretion, shall enforce the provisions of this
	Compact and the Commission's Rules.
	2. By majority vote as provided by Commission Rule, the
	Commission may initiate legal action against a Member
	State in default in the United States District Court for
	the District of Columbia or the federal district where
	the Commission has its principal offices to enforce
	compliance with the provisions of the Compact and its
	promulgated Rules.  The relief sought may include both
	injunctive relief and damages. In the event judicial
	enforcement is necessary, the prevailing party shall be
	awarded all costs of such litigation, including
	reasonable attorney's fees. The remedies herein shall
	not be the exclusive remedies of the Commission. The
	Commission may pursue any other remedies available
	under federal or the defaulting Member State's law.
	3. A Member State may initiate legal action against the
	Commission in the United States District Court for the
	District of Columbia or the federal district where the
	Commission has its principal offices to enforce
	compliance with the provisions of the Compact and its
	promulgated Rules. The relief sought may include both
	injunctive relief and damages. In the event judicial
	enforcement is necessary, the prevailing party shall be
	awarded all costs of such litigation, including
	reasonable attorney's fees.
	4. No individual or entity other than a Member State may
	enforce this Compact against the Commission.
	ARTICLE 13- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
	A. The Compact shall come into effect on the date on which the
	Compact statute is enacted into law in the seventh Member State.
	1. On or after the effective date of the Compact, the
	Commission shall convene and review the enactment of
	each of the Charter Member States to determine if the
	statute enacted by each such Charter Member State is
	materially different than the model Compact statute.
	a. A Charter Member State whose enactment is found to
	be materially different from the model Compact
	statute shall be entitled to the default process
	set forth in Article 12.
	b. If any Member State is later found to be in
	default, or is terminated or withdraws from the
	Compact, the Commission shall remain in existence
	and the Compact shall remain in effect even if the
	number of Member States should be less than seven
	(7).
	2. Member States enacting the Compact subsequent to the
	Charter Member States shall be subject to the process
	set forth in Article 9.C.24 to determine if their
	enactments are materially different from the model
	Compact statute and whether they qualify for
	participation in the Compact.
	3. All actions taken for the benefit of the Commission or
	in furtherance of the purposes of the administration of
	the Compact prior to the effective date of the Compact
	or the Commission coming into existence shall be
	considered to be actions of the Commission unless
	specifically repudiated by the Commission.
	4. Any State that joins the Compact shall be subject to the
	Commission's Rules and bylaws as they exist on the date
	on which the Compact becomes law in that State. Any
	Rule that has been previously adopted by the Commission
	shall have the full force and effect of law on the day
	the Compact becomes law in that State.
	B. Any Member State may withdraw from this Compact by enacting a
	statute repealing that State's enactment of the Compact.
	1. A Member State's withdrawal shall not take effect until
	one hundred eighty (180) days after enactment of the
	repealing statute.
	2. Withdrawal shall not affect the continuing requirement
	of the withdrawing State's State Licensing Authority to
	comply with the investigative and Adverse Action
	reporting requirements of this Compact prior to the
	effective date of withdrawal.
	3. Upon the enactment of a statute withdrawing from this
	Compact, a State shall immediately provide notice of
	such withdrawal to all Licensees within that State.
	Notwithstanding any subsequent statutory enactment to
	the contrary, such withdrawing State shall continue to
	recognize all licenses granted pursuant to this Compact
	for a minimum of one hundred eighty (180) days after the
	date of such notice of withdrawal.
	C. Nothing contained in this Compact shall be construed to
	invalidate or prevent any licensure agreement or other
	cooperative arrangement between a Member State and a non-Member
	State that does not conflict with the provisions of this Compact.
	D. This Compact may be amended by the Member States. No amendment
	to this Compact shall become effective and binding upon any
	Member State until it is enacted into the laws of all Member
	States.
	ARTICLE 14- CONSTRUCTION AND SEVERABILITY
	A. This Compact and the Commission's rulemaking authority shall be
	liberally construed so as to effectuate the purposes, and the
	implementation and administration of the Compact. Provisions of
	the Compact expressly authorizing or requiring the promulgation
	of Rules shall not be construed to limit the Commission's
	rulemaking authority solely for those purposes.
	B. The provisions of this Compact shall be severable and if any
	phrase, clause, sentence or provision of this Compact is held by
	a court of competent jurisdiction to be contrary to the
	constitution of any Member State, a State seeking participation
	in the Compact, or of the United States, or the applicability
	thereof to any government, agency, person or circumstance is
	held to be unconstitutional by a court of competent
	jurisdiction, the validity of the remainder of this Compact and
	the applicability thereof to any other government, agency,
	person or circumstance shall not be affected thereby.
	C. Notwithstanding Article 14.B, the Commission may deny a State's
	participation in the Compact or, in accordance with the
	requirements of Article 12, terminate a Member State's
	participation in the Compact, if it determines that a
	constitutional requirement of a Member State is a material
	departure from the Compact. Otherwise, if this Compact shall be
	held to be contrary to the constitution of any Member State, the
	Compact shall remain in full force and effect as to the remaining
	Member States and in full force and effect as to the Member State
	affected as to all severable matters.
	ARTICLE 15- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
	A. Nothing herein shall prevent or inhibit the enforcement of any
	other law of a Member State that is not inconsistent with the
	Compact.
	B. Any laws, statutes, regulations, or other legal requirements in
	a Member State in conflict with the Compact are superseded to the
	extent of the conflict.
	C. All permissible agreements between the Commission and the Member
	States are binding in accordance with their terms.
	Sec. 1604.002.  ADMINISTRATION OF COMPACT. The Texas
	Department of Licensing and Regulation is the Cosmetology Licensure
	Compact administrator for this state.
	Sec. 1604.003.  RULES. The Texas Commission of Licensing
	and Regulation may adopt rules necessary to implement this chapter.
	SECTION 2.  This Act takes effect September 1, 2026.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1615 passed the Senate on
	April 25, 2023, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1615 passed the House on
	May 4, 2023, by the following vote:  Yeas 145, Nays 0,
	one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor