Texas 2009 - 81st Regular

Texas House Bill HB3910 Compare Versions

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

Old	New	Differences
1	1	81R13737 BEF-D
2	2	By: Madden H.B. No. 3910
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements to obtain a license to practice
8	8	cosmetology.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 1602, Occupations Code, is
11	11	amended by adding Section 1602.154 to read as follows:
12	12	Sec. 1602.154. LICENSE REQUIREMENTS. The commission by
13	13	rule shall determine the course of study and number of hours of
14	14	instruction required to obtain a license issued to an individual
15	15	under this chapter.
16	16	SECTION 2. Section 1602.254(b), Occupations Code, is
17	17	amended to read as follows:
18	18	(b) To be eligible for an operator license, an applicant
19	19	must:
20	20	(1) be at least 17 years of age;
21	21	(2) have obtained a high school diploma or the
22	22	equivalent of a high school diploma or have passed a valid
23	23	examination administered by a certified testing agency that
24	24	measures the person's ability to benefit from training; and
25	25	(3) have completed a course of instruction prescribed
26	26	by commission rule[:
27	27	[(A) 1,500 hours of instruction in a licensed
28	28	beauty culture school; or
29	29	[(B) 1,000 hours of instruction in beauty culture
30	30	courses and 500 hours of related high school courses prescribed by
31	31	the commission in a vocational cosmetology program in a public
32	32	school].
33	33	SECTION 3. Section 1602.255(b), Occupations Code, is
34	34	amended to read as follows:
35	35	(b) To be eligible for an instructor license, an applicant
36	36	must:
37	37	(1) be at least 18 years of age;
38	38	(2) have completed the 12th grade or its equivalent;
39	39	(3) hold an operator license; and
40	40	(4) have completed a course of instruction prescribed
41	41	by commission rule[:
42	42	[(A) a course consisting of 750 hours of
43	43	instruction in cosmetology courses and methods of teaching in:
44	44	[(i) a licensed private beauty culture
45	45	school; or
46	46	[(ii) a vocational training program of a
47	47	publicly financed postsecondary institution; or
48	48	[(B) at least:
49	49	[(i) two years of verifiable experience as
50	50	a licensed operator; and
51	51	[(ii) 250 hours of instruction in
52	52	cosmetology in a commission-approved training program].
53	53	SECTION 4. Section 1602.256(b), Occupations Code, is
54	54	amended to read as follows:
55	55	(b) To be eligible for a manicurist specialty license, an
56	56	applicant must:
57	57	(1) be at least 17 years of age;
58	58	(2) have obtained a high school diploma or the
59	59	equivalent of a high school diploma or have passed a valid
60	60	examination administered by a certified testing agency that
61	61	measures the person's ability to benefit from training; and
62	62	(3) have completed a course of instruction prescribed
63	63	by commission rule [600 hours of instruction in manicuring through
64	64	a commission-approved training program].
65	65	SECTION 5. Section 1602.257(b), Occupations Code, is
66	66	amended to read as follows:
67	67	(b) To be eligible for a facialist specialty license, an
68	68	applicant must:
69	69	(1) be at least 17 years of age;
70	70	(2) have obtained a high school diploma or the
71	71	equivalent of a high school diploma or have passed a valid
72	72	examination administered by a certified testing agency that
73	73	measures the person's ability to benefit from training; and
74	74	(3) have completed a course of instruction prescribed
75	75	by commission rule [750 hours of instruction in facialist specialty
76	76	through a commission-approved training program].
77	77	SECTION 6. Subchapter F, Chapter 1602, Occupations Code, is
78	78	amended by adding Section 1602.2575 to read as follows:
79	79	Sec. 1602.2575. ELIGIBILITY FOR HAIRDRESSER SPECIALTY
80	80	LICENSE. (a) A person holding a hairdresser specialty license may
81	81	perform only the practice of cosmetology defined in Sections
82	82	1602.002(a)(1) through (5).
83	83	(b) To be eligible for a hairdresser specialty license, an
84	84	applicant must:
85	85	(1) be at least 17 years of age;
86	86	(2) have obtained a high school diploma or the
87	87	equivalent of a high school diploma or have passed a valid
88	88	examination administered by a certified testing agency that
89	89	measures the person's ability to benefit from training; and
90	90	(3) meet one of the following requirements:
91	91	(A) have completed a course of instruction
92	92	prescribed by commission rule;
93	93	(B) have served as an apprentice in a beauty shop
94	94	or beauty salon for an amount of time prescribed by commission rule;
95	95	or
96	96	(C) hold an operator license.
97	97	SECTION 7. Section 1602.451(a), Occupations Code, is
98	98	amended to read as follows:
99	99	(a) The holder of a private beauty culture school license
100	100	shall:
101	101	(1) maintain a sanitary establishment;
102	102	(2) maintain on its staff and on duty during business
103	103	hours one full-time licensed instructor for each 25 students in
104	104	attendance;
105	105	(3) maintain a daily record of students' attendance;
106	106	(4) establish regular class and instruction hours and
107	107	grades;
108	108	(5) [require a school term of not less than nine months
109	109	and not less than 1,500 hours instruction for a complete course in
110	110	cosmetology;
111	111	[(6) require a school term of not less than 600 hours
112	112	instruction for a complete course in manicuring;
113	113	[(7)] hold examinations before issuing diplomas;
114	114	(6) [(8)] maintain a copy of the school's curriculum
115	115	in a conspicuous place and verify that the curriculum is being
116	116	followed;
117	117	(7) [(9)] publish in the school's catalogue and
118	118	enrollment contract a description of the refund policy required
119	119	under Section 1602.458; and
120	120	(8) [(10)] provide the department with information
121	121	on:
122	122	(A) the current course completion rates of
123	123	students who attend a course of instruction offered by the school;
124	124	and
125	125	(B) job placement rates and employment rates of
126	126	students who complete the course of instruction.
127	127	SECTION 8. Not later than November 1, 2009, the Texas
128	128	Commission of Licensing and Regulation shall adopt rules necessary
129	129	to implement the changes in law made by this Act.
130	130	SECTION 9. The changes in law made by this Act apply to an
131	131	application for a license submitted on or after January 1, 2010. An
132	132	application submitted before January 1, 2010, is governed by the
133	133	law in effect on the date the application is submitted, and the
134	134	former law is continued in effect for that purpose.
135	135	SECTION 10. This Act takes effect September 1, 2009.