Texas 2011 82nd Regular

Texas House Bill HB2727 Introduced / Bill

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                    82R10768 MAW-F
 By: Thompson H.B. No. 2727


 A BILL TO BE ENTITLED
 AN ACT
 relating to the regulation of cosmetology, including the
 application of eyelash extensions.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1602.002(a), Occupations Code, is
 amended to read as follows:
 (a)  In this chapter, "cosmetology" means the practice of
 performing or offering to perform for compensation any of the
 following services:
 (1)  treating a person's hair by:
 (A)  providing any method of treatment as a
 primary service, including arranging, beautifying, bleaching,
 cleansing, coloring, cutting, dressing, dyeing, processing,
 shampooing, shaping, singeing, straightening, styling, tinting, or
 waving;
 (B)  providing a necessary service that is
 preparatory or ancillary to a service under Paragraph (A),
 including bobbing, clipping, cutting, or trimming; or
 (C)  cutting the person's hair as a separate and
 independent service for which a charge is directly or indirectly
 made separately from charges for any other service;
 (2)  weaving or braiding a person's hair;
 (3)  shampooing and conditioning a person's hair;
 (4)  servicing a person's wig or artificial hairpiece
 on a person's head or on a block after the initial retail sale and
 servicing in any manner listed in Subdivision (1);
 (5)  treating a person's mustache or beard by
 arranging, beautifying, coloring, processing, styling, or
 trimming;
 (6)  cleansing, stimulating, or massaging a person's
 scalp, face, neck, or arms:
 (A)  by hand or by using a device, apparatus, or
 appliance; and
 (B)  with or without the use of any cosmetic
 preparation, antiseptic, tonic, lotion, or cream;
 (7)  beautifying a person's face, neck, or arms using a
 cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
 clay, cream, or appliance;
 (8)  administering facial treatments;
 (9)  removing superfluous hair from a person's body
 using depilatories or mechanical tweezers;
 (10)  treating a person's nails by:
 (A)  cutting, trimming, polishing, tinting,
 coloring, cleansing, or manicuring; or
 (B)  attaching false nails; [or]
 (11)  massaging, cleansing, treating, or beautifying a
 person's hands or feet; or
 (12)  applying semipermanent extensions to a person's
 eyelashes.
 SECTION 2.  Subchapter A, Chapter 1602, Occupations Code, is
 amended by adding Section 1602.004 to read as follows:
 Sec. 1602.004.  RULES REGARDING EYELASH EXTENSIONS. The
 commission shall adopt rules establishing reasonable standards for
 the materials used in the application of semipermanent eyelash
 extensions.
 SECTION 3.  Subchapter F, Chapter 1602, Occupations Code, is
 amended by adding Section 1602.2581 to read as follows:
 Sec. 1602.2581.  ELIGIBILITY FOR A SPECIALTY CERTIFICATE FOR
 EYELASH EXTENSION APPLICATION. (a) A person holding a specialty
 certificate for eyelash extension application may perform only the
 practice of cosmetology defined in Section 1602.002(a)(12).
 (b)  To be eligible for a specialty certificate for eyelash
 extension application, an applicant must:
 (1)  be at least 17 years of age; and
 (2)  have completed an apprenticeship training program
 approved by the commission.
 (c)  The commission shall adopt rules regarding the
 apprenticeship training program and may establish or designate
 approved apprenticeship training programs.
 (d)  The rules adopted under Subsection (c) may not require
 that a person complete more than 50 hours of training in order to be
 eligible for a specialty certificate for eyelash extension
 application.
 (e)  The rules adopted under Subsection (c) must allow an
 applicant to satisfy a portion or all of the apprenticeship
 training program requirement of Subsection (b)(2) by demonstrating
 relevant work experience completed before September 1, 2011.  This
 subsection expires September 1, 2013.
 SECTION 4.  (a)  Not later than December 1, 2011, the Texas
 Commission of Licensing and Regulation shall adopt rules to
 implement Sections 1602.004 and 1602.2581, Occupations Code, as
 added by this Act.
 (b)  A person is not required to hold a specialty certificate
 issued under Section 1602.2581, Occupations Code, until January 1,
 2012.
 SECTION 5.  This Act takes effect September 1, 2011.