By: Thompson (Senate Sponsor - Whitmire) H.B. No. 2727
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on Business
and Commerce; May 10, 2011, reported favorably by the following
vote: Yeas 8, Nays 1; May 10, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation by the Texas Department of Licensing and
Regulation of the application of eyelash extensions and private
beauty culture schools; providing a criminal penalty.
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, thread-like extensions
composed of single fibers to a person's eyelashes.
SECTION 2. Section 1602.255(c), Occupations Code, is
amended to read as follows:
(c) The commission shall adopt rules for the licensing of
specialty instructors to teach specialty courses in the practice of
cosmetology defined in Sections 1602.002(a)(7) [1602.002(7)], (9),
[and] (10), and (12).
SECTION 3. Section 1602.257(a), Occupations Code, is
amended to read as follows:
(a) A person holding a facialist specialty license may
perform only the practice of cosmetology defined in Sections
1602.002(a)(6), (7), (8), [through] (9), and (12).
SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is
amended by adding Sections 1602.2571 and 1602.2572 to read as
follows:
Sec. 1602.2571. ELIGIBILITY FOR A SPECIALTY LICENSE IN
EYELASH EXTENSION APPLICATION. (a) A person holding a specialty
license in eyelash extension application may perform only the
practice of cosmetology defined in Section 1602.002(a)(12).
(b) To be eligible for a specialty license in eyelash
extension application, an applicant must:
(1) be at least 17 years of age;
(2) have obtained a high school diploma or the
equivalent of a high school diploma or have passed a valid
examination administered by a certified testing agency that
measures the person's ability to benefit from training; and
(3) have completed a training program described by
Section 1602.2572 that has been approved by the commission.
Sec. 1602.2572. EYELASH EXTENSION APPLICATION TRAINING
PROGRAM. (a) An eyelash extension application training program
must include at least 320 hours of classroom instruction and
practical experience, including at least eight hours of theoretical
instruction, and include instruction in the following areas:
(1) recognizing infectious or contagious diseases of
the eye and allergic reactions to materials;
(2) proper sanitation practices;
(3) occupational health and safety practices;
(4) eyelash extension application procedures; and
(5) eyelash extension isolation and separation
procedures.
(b) An instructor at an eyelash extension application
training program must comply with Section 1602.251(b).
(c) The commission shall adopt rules regarding eyelash
extension application training programs and may establish or
designate approved training programs.
SECTION 5. Section 1602.262(a), Occupations Code, is
amended to read as follows:
(a) An applicant for an operator license, instructor
license, manicurist specialty license, [or] facialist specialty
license, or specialty license in eyelash extension application is
entitled to the license if the applicant:
(1) meets the applicable eligibility requirements;
(2) passes the applicable examination;
(3) pays the required fee; and
(4) has not committed an act that constitutes a ground
for denial of the license.
SECTION 6. Sections 1602.303(a) and (b), Occupations Code,
are amended to read as follows:
(a) A person holding a private beauty culture school license
may maintain an establishment in which any practice of cosmetology
is taught, including providing an eyelash extension application
training program described by Section 1602.2572.
(b) An application for a private beauty culture school
license must be accompanied by the required license fee and
inspection fee and:
(1) be on a form prescribed by the department;
(2) be verified by the applicant; and
(3) contain a statement that the building:
(A) is of permanent construction and is divided
into at least two separate areas:
(i) one area for instruction in theory; and
(ii) one area for clinic work;
(B) contains a minimum of:
(i) 2,000 [3,500] square feet of floor
space if the building is located in a municipality with a population
of more than 50,000; or
(ii) 1,000 square feet of floor space if the
building is located in a municipality with a population of 50,000 or
less;
(C) has access to permanent [separate] restrooms
and adequate drinking fountain facilities [for male and female
students]; and
(D) contains, or will contain before classes
begin, the equipment established by commission rule as sufficient
to properly instruct a minimum of 10 [50] students.
SECTION 7. Section 1602.305(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty shop license may maintain
an establishment in which only the practice of cosmetology as
defined in Section 1602.002(a)(2) [1602.002(2)], (4), (7), (9),
[or] (10), or (12) is performed.
SECTION 8. (a) The Texas Department of Licensing and
Regulation shall issue a specialty license in eyelash extension
application under Section 1602.2571, Occupations Code, as added by
this Act, to an applicant who:
(1) submits an application on a form prescribed by the
department not later than April 1, 2012;
(2) meets the eligibility requirements of Sections
1602.2571(b)(1) and (2), Occupations Code, as added by this Act;
(3) submits proof of either:
(A) successful completion of a training program
provided by an eyelash extension manufacturer or distributor that
is approved by the department; or
(B) completion of at least 240 hours of
verifiable practical experience performing the practice of
cosmetology defined in Section 1602.002(a)(12), Occupations Code,
as added by this Act, at a facility licensed under this chapter; and
(4) pays the required application fee.
(b) A license issued under this section may be renewed in
the same manner as a specialty license in eyelash extension
application issued under Section 1602.2571, Occupations Code, as
added by this Act.
(c) This section expires March 1, 2013.
SECTION 9. (a) Not later than February 1, 2012, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement Sections 1602.2571 and 1602.2572, Occupations Code, as
added by this Act, and Section 8 of this Act.
(b) A person is not required to hold a specialty license in
eyelash extension application issued under Section 1602.2571,
Occupations Code, as added by this Act, until June 1, 2012.
SECTION 10. The changes in law made by this Act to Section
1602.303, Occupations Code, apply only to an application for a
private beauty culture school license that is filed with the Texas
Department of Licensing and Regulation on or after the effective
date of this Act. An application that is filed before the effective
date of this Act is governed by the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.
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