Texas 2009 - 81st Regular

Texas House Bill HB1874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9729 JAM-F
2	2	By: Truitt H.B. No. 1874
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of the practice of barbering.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1601.002, Occupations Code, is amended
10	10	to read as follows:
11	11	Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
12	12	"barbering," "practicing barbering," or the "practice of
13	13	barbering" means:
14	14	(1) performing or offering or attempting to perform
15	15	for compensation or the promise of compensation any of the
16	16	following services:
17	17	(A) treating a person's mustache or beard by
18	18	arranging, beautifying, coloring, processing, shaving, styling, or
19	19	trimming;
20	20	(B) treating a person's hair by:
21	21	(i) arranging, beautifying, bleaching,
22	22	cleansing, coloring, curling, dressing, dyeing, processing,
23	23	shampooing, shaping, singeing, straightening, styling, tinting, or
24	24	waving;
25	25	(ii) providing a necessary service that is
26	26	preparatory or ancillary to a service under Subparagraph (i),
27	27	including bobbing, clipping, cutting, or trimming; or
28	28	(iii) cutting the person's hair as a
29	29	separate and independent service for which a charge is directly or
30	30	indirectly made separately from a charge for any other service;
31	31	(C) cleansing, stimulating, or massaging a
32	32	person's scalp, face, neck, arms, or shoulders:
33	33	(i) by hand or by using a device, apparatus,
34	34	or appliance; and
35	35	(ii) with or without the use of any cosmetic
36	36	preparation, antiseptic, tonic, lotion, or cream;
37	37	(D) beautifying a person's face, neck, arms, or
38	38	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
39	39	powder, oil, clay, cream, or appliance;
40	40	(E) treating a person's nails by:
41	41	(i) cutting, trimming, polishing, tinting,
42	42	coloring, cleansing, or manicuring [, or pedicuring]; or
43	43	(ii) attaching false nails;
44	44	(F) massaging, cleansing, treating, or
45	45	beautifying a person's hands;
46	46	(G) administering facial treatments;
47	47	(H) weaving a person's hair by using any method
48	48	to attach commercial hair to a person's hair or scalp;
49	49	(I) shampooing or conditioning a person's hair;
50	50	(J) servicing in any manner listed in Paragraph
51	51	(B) a person's wig, toupee, or artificial hairpiece on a person's
52	52	head or on a block after the initial retail sale; or
53	53	(K) braiding a person's hair, trimming hair
54	54	extensions only as applicable to the braiding process, and
55	55	attaching commercial hair only by braiding and without the use of
56	56	chemicals or adhesives;
57	57	(2) advertising or representing to the public in any
58	58	manner that a person is a barber or is authorized to practice
59	59	barbering; or
60	60	(3) advertising or representing to the public in any
61	61	manner that a location or place of business is a barbershop,
62	62	specialty shop, or barber school.
63	63	SECTION 2. Section 1601.051, Occupations Code, is amended
64	64	to read as follows:
65	65	Sec. 1601.051. BOARD; MEMBERSHIP. The Advisory Board on
66	66	Barbering consists of five members appointed by the presiding
67	67	officer of the commission, with the commission's approval, as
68	68	follows:
69	69	(1) two members, each of whom:
70	70	(A) is engaged in the practice of barbering as a
71	71	Class A barber; and
72	72	(B) does not own a barbershop or franchise [hold
73	73	a barbershop permit];
74	74	(2) two members, each of whom is a barbershop owner who
75	75	holds a barbershop permit; and
76	76	(3) one member who holds a permit to conduct or operate
77	77	a barber school.
78	78	SECTION 3. Section 1601.303, Occupations Code, is amended
79	79	to read as follows:
80	80	Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. The
81	81	department shall issue a barbershop permit to an applicant if:
82	82	(1) the applicant owns the barbershop;
83	83	(2) the applicant verifies the application; [and]
84	84	(3) the shop meets the minimum health standards for
85	85	barbershops set by the commission and complies with all other
86	86	commission rules; and
87	87	(4) the shop employs a barber certified under Section
88	88	1601.253.
89	89	SECTION 4. (a) The change in law made by this Act to the
90	90	Advisory Board on Barbering does not affect the entitlement of a
91	91	member serving on the board immediately before the effective date
92	92	of this Act to serve the remainder of the member's term.
93	93	(b) The change in law to Section 1601.303, Occupations Code,
94	94	as amended by this Act, applies only to a permit application
95	95	submitted on or after the effective date of this Act. An
96	96	application submitted before the effective date of this Act is
97	97	governed by the law in effect on the date the application was
98	98	submitted, and the former law is continued in effect for that
99	99	purpose.
100	100	SECTION 5. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2009.