Texas 2011 - 82nd Regular

Texas House Bill HB2727 Compare Versions

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1	1	By: Thompson (Senate Sponsor - Whitmire) H.B. No. 2727
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Business
4	4	and Commerce; May 10, 2011, reported favorably by the following
5	5	vote: Yeas 8, Nays 1; May 10, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulation by the Texas Department of Licensing and
11	11	Regulation of the application of eyelash extensions and private
12	12	beauty culture schools; providing a criminal penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1602.002(a), Occupations Code, is
15	15	amended to read as follows:
16	16	(a) In this chapter, "cosmetology" means the practice of
17	17	performing or offering to perform for compensation any of the
18	18	following services:
19	19	(1) treating a person's hair by:
20	20	(A) providing any method of treatment as a
21	21	primary service, including arranging, beautifying, bleaching,
22	22	cleansing, coloring, cutting, dressing, dyeing, processing,
23	23	shampooing, shaping, singeing, straightening, styling, tinting, or
24	24	waving;
25	25	(B) providing a necessary service that is
26	26	preparatory or ancillary to a service under Paragraph (A),
27	27	including bobbing, clipping, cutting, or trimming; or
28	28	(C) cutting the person's hair as a separate and
29	29	independent service for which a charge is directly or indirectly
30	30	made separately from charges for any other service;
31	31	(2) weaving or braiding a person's hair;
32	32	(3) shampooing and conditioning a person's hair;
33	33	(4) servicing a person's wig or artificial hairpiece
34	34	on a person's head or on a block after the initial retail sale and
35	35	servicing in any manner listed in Subdivision (1);
36	36	(5) treating a person's mustache or beard by
37	37	arranging, beautifying, coloring, processing, styling, or
38	38	trimming;
39	39	(6) cleansing, stimulating, or massaging a person's
40	40	scalp, face, neck, or arms:
41	41	(A) by hand or by using a device, apparatus, or
42	42	appliance; and
43	43	(B) with or without the use of any cosmetic
44	44	preparation, antiseptic, tonic, lotion, or cream;
45	45	(7) beautifying a person's face, neck, or arms using a
46	46	cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
47	47	clay, cream, or appliance;
48	48	(8) administering facial treatments;
49	49	(9) removing superfluous hair from a person's body
50	50	using depilatories or mechanical tweezers;
51	51	(10) treating a person's nails by:
52	52	(A) cutting, trimming, polishing, tinting,
53	53	coloring, cleansing, or manicuring; or
54	54	(B) attaching false nails; [or]
55	55	(11) massaging, cleansing, treating, or beautifying a
56	56	person's hands or feet; or
57	57	(12) applying semipermanent, thread-like extensions
58	58	composed of single fibers to a person's eyelashes.
59	59	SECTION 2. Section 1602.255(c), Occupations Code, is
60	60	amended to read as follows:
61	61	(c) The commission shall adopt rules for the licensing of
62	62	specialty instructors to teach specialty courses in the practice of
63	63	cosmetology defined in Sections 1602.002(a)(7) [1602.002(7)], (9),
64	64	[and] (10), and (12).
65	65	SECTION 3. Section 1602.257(a), Occupations Code, is
66	66	amended to read as follows:
67	67	(a) A person holding a facialist specialty license may
68	68	perform only the practice of cosmetology defined in Sections
69	69	1602.002(a)(6), (7), (8), [through] (9), and (12).
70	70	SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is
71	71	amended by adding Sections 1602.2571 and 1602.2572 to read as
72	72	follows:
73	73	Sec. 1602.2571. ELIGIBILITY FOR A SPECIALTY LICENSE IN
74	74	EYELASH EXTENSION APPLICATION. (a) A person holding a specialty
75	75	license in eyelash extension application may perform only the
76	76	practice of cosmetology defined in Section 1602.002(a)(12).
77	77	(b) To be eligible for a specialty license in eyelash
78	78	extension application, an applicant must:
79	79	(1) be at least 17 years of age;
80	80	(2) have obtained a high school diploma or the
81	81	equivalent of a high school diploma or have passed a valid
82	82	examination administered by a certified testing agency that
83	83	measures the person's ability to benefit from training; and
84	84	(3) have completed a training program described by
85	85	Section 1602.2572 that has been approved by the commission.
86	86	Sec. 1602.2572. EYELASH EXTENSION APPLICATION TRAINING
87	87	PROGRAM. (a) An eyelash extension application training program
88	88	must include at least 320 hours of classroom instruction and
89	89	practical experience, including at least eight hours of theoretical
90	90	instruction, and include instruction in the following areas:
91	91	(1) recognizing infectious or contagious diseases of
92	92	the eye and allergic reactions to materials;
93	93	(2) proper sanitation practices;
94	94	(3) occupational health and safety practices;
95	95	(4) eyelash extension application procedures; and
96	96	(5) eyelash extension isolation and separation
97	97	procedures.
98	98	(b) An instructor at an eyelash extension application
99	99	training program must comply with Section 1602.251(b).
100	100	(c) The commission shall adopt rules regarding eyelash
101	101	extension application training programs and may establish or
102	102	designate approved training programs.
103	103	SECTION 5. Section 1602.262(a), Occupations Code, is
104	104	amended to read as follows:
105	105	(a) An applicant for an operator license, instructor
106	106	license, manicurist specialty license, [or] facialist specialty
107	107	license, or specialty license in eyelash extension application is
108	108	entitled to the license if the applicant:
109	109	(1) meets the applicable eligibility requirements;
110	110	(2) passes the applicable examination;
111	111	(3) pays the required fee; and
112	112	(4) has not committed an act that constitutes a ground
113	113	for denial of the license.
114	114	SECTION 6. Sections 1602.303(a) and (b), Occupations Code,
115	115	are amended to read as follows:
116	116	(a) A person holding a private beauty culture school license
117	117	may maintain an establishment in which any practice of cosmetology
118	118	is taught, including providing an eyelash extension application
119	119	training program described by Section 1602.2572.
120	120	(b) An application for a private beauty culture school
121	121	license must be accompanied by the required license fee and
122	122	inspection fee and:
123	123	(1) be on a form prescribed by the department;
124	124	(2) be verified by the applicant; and
125	125	(3) contain a statement that the building:
126	126	(A) is of permanent construction and is divided
127	127	into at least two separate areas:
128	128	(i) one area for instruction in theory; and
129	129	(ii) one area for clinic work;
130	130	(B) contains a minimum of:
131	131	(i) 2,000 [3,500] square feet of floor
132	132	space if the building is located in a municipality with a population
133	133	of more than 50,000; or
134	134	(ii) 1,000 square feet of floor space if the
135	135	building is located in a municipality with a population of 50,000 or
136	136	less;
137	137	(C) has access to permanent [separate] restrooms
138	138	and adequate drinking fountain facilities [for male and female
139	139	students]; and
140	140	(D) contains, or will contain before classes
141	141	begin, the equipment established by commission rule as sufficient
142	142	to properly instruct a minimum of 10 [50] students.
143	143	SECTION 7. Section 1602.305(a), Occupations Code, is
144	144	amended to read as follows:
145	145	(a) A person holding a specialty shop license may maintain
146	146	an establishment in which only the practice of cosmetology as
147	147	defined in Section 1602.002(a)(2) [1602.002(2)], (4), (7), (9),
148	148	[or] (10), or (12) is performed.
149	149	SECTION 8. (a) The Texas Department of Licensing and
150	150	Regulation shall issue a specialty license in eyelash extension
151	151	application under Section 1602.2571, Occupations Code, as added by
152	152	this Act, to an applicant who:
153	153	(1) submits an application on a form prescribed by the
154	154	department not later than April 1, 2012;
155	155	(2) meets the eligibility requirements of Sections
156	156	1602.2571(b)(1) and (2), Occupations Code, as added by this Act;
157	157	(3) submits proof of either:
158	158	(A) successful completion of a training program
159	159	provided by an eyelash extension manufacturer or distributor that
160	160	is approved by the department; or
161	161	(B) completion of at least 240 hours of
162	162	verifiable practical experience performing the practice of
163	163	cosmetology defined in Section 1602.002(a)(12), Occupations Code,
164	164	as added by this Act, at a facility licensed under this chapter; and
165	165	(4) pays the required application fee.
166	166	(b) A license issued under this section may be renewed in
167	167	the same manner as a specialty license in eyelash extension
168	168	application issued under Section 1602.2571, Occupations Code, as
169	169	added by this Act.
170	170	(c) This section expires March 1, 2013.
171	171	SECTION 9. (a) Not later than February 1, 2012, the Texas
172	172	Commission of Licensing and Regulation shall adopt rules to
173	173	implement Sections 1602.2571 and 1602.2572, Occupations Code, as
174	174	added by this Act, and Section 8 of this Act.
175	175	(b) A person is not required to hold a specialty license in
176	176	eyelash extension application issued under Section 1602.2571,
177	177	Occupations Code, as added by this Act, until June 1, 2012.
178	178	SECTION 10. The changes in law made by this Act to Section
179	179	1602.303, Occupations Code, apply only to an application for a
180	180	private beauty culture school license that is filed with the Texas
181	181	Department of Licensing and Regulation on or after the effective
182	182	date of this Act. An application that is filed before the effective
183	183	date of this Act is governed by the law in effect on the date the
184	184	application was filed, and the former law is continued in effect for
185	185	that purpose.
186	186	SECTION 11. This Act takes effect immediately if it
187	187	receives a vote of two-thirds of all the members elected to each
188	188	house, as provided by Section 39, Article III, Texas Constitution.
189	189	If this Act does not receive the vote necessary for immediate
190	190	effect, this Act takes effect September 1, 2011.
191	191	* * * * *