82R9674 SLB-F
By: Carona S.B. No. 1170
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbers and cosmetologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1601.001(a), Occupations Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Barber school" means a place that holds a
permit issued under Subchapter H to teach the practice of barbering
and may be privately or publicly funded. The term includes a barber
college.
SECTION 2. Section 1601.253, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission shall adopt rules for the issuance of a
Class A barber certificate to a person who holds an operator license
under Chapter 1602. The department shall issue the certificate to
an applicant who:
(1) holds an active operator license under Chapter
1602;
(2) completes at least 300 hours of instruction in
barbering that includes barber history and shaving through a
commission-approved training program in a barber school;
(3) passes the examination required under Subsection
(a); and
(4) submits to the department:
(A) an application on a form prescribed by the
department; and
(B) the required fee.
SECTION 3. Section 1601.254, Occupations Code, is amended
to read as follows:
Sec. 1601.254. ELIGIBILITY FOR BARBER INSTRUCTOR LICENSE
[TEACHER'S CERTIFICATE]. (a) A person holding a barber instructor
license may perform any act of barbering and may instruct a person
in any act of barbering.
(b) To be eligible for a barber instructor license, an [An]
applicant [for a teacher's certificate] must:
(1) be at least 18 years of age;
(2) have a high school diploma or a high school
equivalency certificate;
(3) hold a current [be a] Class A barber certificate;
(4) [(2)] have completed:
(A) a course consisting of 750 hours of
instruction in barber courses and methods of teaching in a barber
school; or
(B) at least one year of work experience as a
licensed Class A barber and:
(i) have completed 500 hours of instruction
in barber courses and methods of teaching in a commission-approved
training program;
(ii) have completed 15 semester hours in
education courses from an accredited college or university within
the 10 years preceding the date of the application; or
(iii) have obtained a degree in education
from an accredited college or university; and
(5) pass the required examination [five years'
experience as a practicing barber in a barbershop, two years of
which occurred in the two years preceding the application date; and
[(3) submit the required examination fee with the
application].
[(b) An applicant must submit a new application and fee for
each examination taken by the applicant. Fees paid are not
refundable.
[(c) The department shall issue a teacher's certificate to
an applicant who:
[(1) passes the appropriate examination; and
[(2) pays the required certificate fee.]
SECTION 4. Subchapter F, Chapter 1601, Occupations Code, is
amended by adding Sections 1601.261, 1601.262, and 1601.263 to read
as follows:
Sec. 1601.261. ELIGIBILITY FOR SHAMPOO APPRENTICE PERMIT.
(a) A person holding a shampoo apprentice permit may perform only
barbering as defined by Section 1601.002(1)(I).
(b) The department shall issue a shampoo apprentice permit
to an applicant who is at least 16 years of age.
(c) A shampoo apprentice permit expires on the first
anniversary of the date of issuance and may not be renewed.
(d) The commission shall adopt rules as necessary to
administer this section. The commission may not require an
applicant to:
(1) complete any hours of instruction at a barber
training program as a prerequisite for the issuance of a shampoo
apprentice permit; or
(2) pay a fee for a shampoo apprentice permit.
(e) A facility licensed under this chapter may employ a
person who holds a shampoo apprentice permit to perform shampooing
or conditioning services and shall pay the person at least the
federal minimum wage as provided by Section 6, Fair Labor Standards
Act of 1938 (29 U.S.C. Section 206).
Sec. 1601.262. ELIGIBILITY FOR BARBER
TECHNICIAN/MANICURIST SPECIALTY LICENSE. (a) A person holding a
barber technician/manicurist specialty license may perform only
barbering as defined by Sections 1601.002(1)(C) through (G).
(b) To be eligible for a barber technician/manicurist
specialty license, an applicant must:
(1) submit an application on a form prescribed by the
department;
(2) pay the required fee; and
(3) either:
(A) hold both an active barber technician license
and an active manicurist license; or
(B) meet the requirements of Subsection (c).
(c) An applicant who qualifies under Subsection (b)(3)(B)
must:
(1) be at least 17 years of age and have completed the
seventh grade or its equivalent; and
(2) have completed:
(A) 900 hours of instruction in a barber
technician/manicurist curriculum in a commission-approved training
program; or
(B) 600 hours of instruction in a manicure
curriculum and 300 hours of instruction in a barber technician
curriculum in a commission-approved training program.
Sec. 1601.263. ELIGIBILITY FOR BARBER TECHNICIAN/HAIR
WEAVING SPECIALTY LICENSE. (a) A person holding a barber
technician/hair weaving specialty license may perform only
barbering as defined by Sections 1601.002(1)(C), (D), (G), and (H).
(b) To be eligible for a barber technician/hair weaving
specialty license, an applicant must:
(1) submit an application on a form prescribed by the
department;
(2) pay the required fee; and
(3) either:
(A) hold both an active barber technician license
and an active hair weaving specialty certificate of registration;
or
(B) meet the requirements of Subsection (c).
(c) An applicant who qualifies under Subsection (b)(3)(B)
must:
(1) be at least 17 years of age and have completed the
seventh grade or its equivalent; and
(2) have completed:
(A) 600 hours of instruction in a barber
technician/hair weaving curriculum in a commission-approved
training program; or
(B) 300 hours of instruction in a hair weaving
curriculum and 300 hours of instruction in a barber technician
curriculum in a commission-approved training program.
SECTION 5. Section 1601.352, Occupations Code, is amended
to read as follows:
Sec. 1601.352. APPLICATION FOR BARBER SCHOOL PERMIT. [(a)]
An applicant for a barber school permit must:
(1) provide to the department adequate proof of
financial responsibility;
(2) submit an application on a form prescribed by the
department;
(3) satisfy the facility and equipment requirements of
Section 1601.353; and
(4) pay the required fee [demonstrate to the
department that the school meets the requirements of this
subchapter for issuance of a permit].
[(b) Before issuing a barber school permit, the department
must determine that the applicant is financially sound and capable
of fulfilling the applicant's commitments for training.]
SECTION 6. Section 1601.353, Occupations Code, is amended
to read as follows:
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. [(a)]
The department may [not] approve an application for a permit for a
barber school if [that provides training leading to issuance of a
Class A barber certificate unless] the school [has]:
(1) has a building of permanent construction
containing at least 1,000 [2,800] square feet of floor space,
including classroom and practical areas, covered in [divided into
at least:
[(A) a senior department;
[(B) a junior department;
[(C) a class theory room;
[(D) a supply room;
[(E) an office space; and
[(F) separate restrooms for male and female
students;
[(2)] a hard-surface floor-covering of tile or other
suitable material;
(2) has the following equipment:
(A) [(3)] at least 10 student workstations that
include a chair that reclines, a back bar, and a wall mirror [20
modern barber chairs, including a cabinet and mirror for each
chair];
(B) [(4)] a sink behind every two workstations
[barber chairs];
(C) [(5)] a liquid sterilizer for each
workstation [barber chair];
(D) [(6) an adequate number of latherers,
vibrators, and hair dryers for student use;
[(7)] adequate lighting for each room;
(E) [(8)] at least 10 [20] classroom chairs and
other materials necessary to teach the required subjects; and
(F) access to permanent restrooms and [, a
blackboard, anatomical charts of the head, neck, and face, and one
barber chair in the class theory room;
[(9) at least one medical dictionary and a standard
work on human anatomy;
[(10)] adequate drinking fountain facilities[, with
at least one for each floor]; and
(3) meets any other requirement set by the commission
[(11) at least one fire extinguisher].
[(b) An applicant for a barber school permit must submit to
the department:
[(1) a detailed drawing and chart of the proposed
physical layout of the school, showing the departments, floor
space, equipment, lights, and outlets;
[(2) photographs of the proposed site for the school,
including the interior and exterior of the building, rooms, and
departments;
[(3) a detailed copy of the training program;
[(4) a copy of the catalogue and promotional
literature of the school;
[(5) a copy of the building lease or proposed building
lease if the building is not owned by the school;
[(6) a sworn statement showing the ownership of the
school; and
[(7) the required permit fee.]
SECTION 7. Section 1601.402(b), Occupations Code, is
amended to read as follows:
(b) A Class A barber, barber technician, instructor
[teacher], manicurist, or other licensed specialist must renew the
person's certificate or license on or before the expiration date.
SECTION 8. Section 1601.405(a), Occupations Code, is
amended to read as follows:
(a) The department may not require a Class A barber, barber
technician, instructor [teacher], or manicurist who is serving on
active duty in the United States armed forces to renew the person's
certificate or license.
SECTION 9. Section 1601.560, Occupations Code, is amended
to read as follows:
Sec. 1601.560. INSTRUCTOR-TO-STUDENT RATIO [QUALIFIED
INSTRUCTOR]. (a) A [In addition to the teacher required by Section
1601.355(b), a] barber school must [that provides training leading
to issuance of a Class A barber certificate shall] have at least one
[qualified] instructor[, holding a Class A certificate,] for every
25 students on the school's premises. [A teacher may serve as an
instructor in practical work in addition to holding a position as a
theory teacher.]
(b) A barber school must have at least one instructor for
every three student instructors on the school's premises [may not
enroll more than one student teacher for each certified teacher who
teaches at the school]. A student instructor [teacher] shall
concentrate on developing teaching skills and may not be booked
with customers.
SECTION 10. Section 1601.602, Occupations Code, is amended
to read as follows:
Sec. 1601.602. REVOCATION OF STUDENT INSTRUCTOR'S
[TEACHER'S] BARBER CERTIFICATE. A violation of Section 1601.560(b)
by a student instructor [teacher] is a ground for the revocation of
the [person's] student instructor's [teacher] barber certificate
[license].
SECTION 11. 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, preparations, or tweezing techniques
[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.
SECTION 12. Section 1602.254, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) To be eligible for an operator license, an applicant
must meet the requirements of Subsection (c) or:
(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) 1,500 hours of instruction in a licensed
beauty culture school; or
(B) 1,000 hours of instruction in beauty culture
courses and 500 hours of related high school courses prescribed by
the commission in a vocational cosmetology program in a public
school.
(c) The commission shall adopt rules for the issuance of an
operator license under this section to a person who holds a Class A
barber certificate. The department shall issue the license to an
applicant who:
(1) holds an active Class A barber certificate;
(2) completes 300 hours of instruction in cosmetology
through a commission-approved training program in a cosmetology
school;
(3) passes the examination required under Section
1602.262; and
(4) submits to the department:
(A) an application on a form prescribed by the
department; and
(B) the required fee.
SECTION 13. Section 1602.255(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for an instructor license, an applicant
must:
(1) be at least 18 years of age;
(2) have a high school diploma [completed the 12th
grade] or a high school equivalency certificate [its equivalent];
(3) hold an operator license under this chapter; [and]
(4) have completed:
(A) [a course consisting of] 750 hours of
instruction in [cosmetology courses and] methods of teaching in:
(i) a licensed private beauty culture
school; or
(ii) a vocational training program of a
publicly financed postsecondary institution; [or]
(B) at least:
(i) one year [two years] of verifiable
experience as a licensed cosmetology operator; and
(ii) 500 [250] hours of instruction in
cosmetology in a commission-approved training program; or
(C) 15 semester hours in education courses
through an accredited college or university; and
(5) pass the examination required under Section
1602.262.
SECTION 14. Section 1602.257, Occupations Code, is amended
to read as follows:
Sec. 1602.257. ELIGIBILITY FOR AESTHETICIAN [A FACIALIST]
SPECIALTY LICENSE. (a) A person holding an aesthetician [a
facialist] specialty license may perform only the practice of
cosmetology defined in Sections 1602.002(a)(6) through (9).
(b) To be eligible for an aesthetician [a facialist]
specialty license, 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 750 hours of instruction in
aesthetics [facialist] specialty through a commission-approved
training program.
SECTION 15. Subchapter F, Chapter 1602, Occupations Code,
is amended by adding Section 1602.261 to read as follows:
Sec. 1602.261. ELIGIBILITY FOR MANICURIST/AESTHETICIAN
SPECIALTY LICENSE. (a) A person holding a manicurist/aesthetician
specialty license may perform only the practice of cosmetology
defined in Sections 1602.002(a)(6) through (11).
(b) To be eligible for a manicurist/aesthetician specialty
license, an applicant must:
(1) submit an application on a form prescribed by the
department;
(2) pay the required fee; and
(3) either:
(A) hold both an active manicurist specialty
license and an active aesthetician specialty license; or
(B) meet the educational requirements of
Subsection (c).
(c) An applicant who qualifies under Subsection (b)(3)(B)
must:
(1) either:
(A) have obtained a high school diploma or a high
school equivalency certificate; or
(B) have passed a valid examination administered
by a certified testing agency that measures the person's ability to
benefit from training; and
(2) have completed:
(A) 1,000 hours of instruction in a
manicure/aesthetics specialty curriculum in a commission-approved
training program; or
(B) 600 hours of instruction in a manicure
curriculum and 750 hours of instruction in an aesthetics curriculum
in commission-approved training programs.
SECTION 16. Section 1602.262, Occupations Code, is amended
to read as follows:
Sec. 1602.262. ISSUANCE OF LICENSE OR CERTIFICATE. (a) An
applicant for a [an operator] license under this chapter [,
instructor license, manicurist specialty license, or facialist
specialty license] 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; and
(5) submits an application on a form prescribed by the
department.
(b) An applicant for a specialty certificate is entitled to
the certificate if the applicant:
(1) meets the eligibility requirements;
(2) pays the required fee; [and]
(3) has not committed an act that constitutes a ground
for denial of the certificate; and
(4) submits an application on a form prescribed by the
department.
SECTION 17. Section 1602.303(b), Occupations Code, is
amended to read as follows:
(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 1,000 [3,500] square
feet of floor space;
(C) has access to permanent restrooms and
adequate drinking fountain facilities [separate restrooms 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 18. Section 1602.451(a), Occupations Code, is
amended to read as follows:
(a) The holder of a private beauty culture school license
shall:
(1) maintain a sanitary establishment;
(2) maintain [on its staff and] on duty [during
business hours] one full-time licensed instructor for each 25
students in attendance;
(3) maintain a daily record of students' attendance;
(4) establish regular class and instruction hours and
grades;
(5) require a school term of not less than nine months
and not less than 1,500 hours instruction for a complete course in
cosmetology;
(6) require a school term of not less than 600 hours
instruction for a complete course in manicuring;
(7) hold examinations before issuing diplomas;
(8) maintain a copy of the school's curriculum in a
conspicuous place and verify that the curriculum is being followed;
(9) publish in the school's catalogue and enrollment
contract a description of the refund policy required under Section
1602.458; and
(10) provide the department with information on:
(A) the current course completion rates of
students who attend a course of instruction offered by the school;
and
(B) job placement rates and employment rates of
students who complete the course of instruction.
SECTION 19. Section 1603.255, Occupations Code, is amended
to read as follows:
Sec. 1603.255. EARLY EXAMINATION. The department[, on
written request by a student,] may allow [provide] for the early
written examination of a student who has completed the following
number of [an applicant for a Class A barber certificate, a
teacher's certificate, or an operator license who has completed at
least 1,000] hours of instruction in a department-approved training
program:
(1) 1,000 hours for a student seeking a Class A barber
certificate or operator license;
(2) 400 hours for a student seeking a manicurist
license or speciality license;
(3) 500 hours for a student seeking a barber
technician license or aesthetician specialty license;
(4) 600 hours for a student seeking a barber
technician/manicurist specialty license;
(5) 400 hours for a student seeking a barber
technician/hair weaving specialty license;
(6) 750 hours for a student seeking a
manicurist/aesthetician specialty license; or
(7) 500 hours for a student seeking a barber or
cosmetology instructor license.
SECTION 20. Sections 1603.352(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) A person who holds a license, certificate, or permit
issued under this chapter, Chapter 1601, or Chapter 1602 and who
performs a barbering service described by Section 1601.002(1)(E) or
(F) or a cosmetology service described by Section 1602.002(a)(10)
or (11) shall, before performing the service, clean, disinfect, and
sterilize with an autoclave or [a] dry heat sterilizer or sanitize
with an [,] ultraviolet sanitizer, [or other department-approved
sterilizer,] in accordance with the sterilizer or sanitizer
manufacturer's instructions, each metal instrument, including
metal nail clippers, cuticle pushers, cuticle nippers, and other
metal instruments, used to perform the service.
(b) The owner or manager of a barber shop, barber school,
beauty shop, specialty shop, beauty culture school, or other
facility licensed under this chapter, Chapter 1601, or Chapter
1602, is responsible for providing an autoclave, [or] a dry heat
sterilizer, or an ultraviolet sanitizer [, or other
department-approved sterilizer] for use in the shop or school as
required by Subsection (a). [An autoclave or a dry heat,
ultraviolet, or other department-approved sterilizer used as
required by Subsection (a) must be listed with the United States
Food and Drug Administration.]
(c) Each sterilized or sanitized instrument must be stored
in accordance with the manufacturer's instructions.
SECTION 21. Sections 1601.001(a)(5), 1601.354, and
1601.355, Occupations Code, are repealed.
SECTION 22. The changes in law made by this Act apply only
to an application for the issuance or renewal of a license or
certificate that is filed with the Texas Department of Licensing
and Regulation on or after the effective date of this Act. An
application for the issuance or renewal of a license or certificate
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 23. This Act takes effect September 1, 2011.