S.B. No. 1170
AN ACT
relating to the regulation of barbers and cosmetologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 1601.001, 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.
(c) The commission shall adopt rules for the licensing of
specialty instructors to teach specialty courses in the practice of
barbering as defined by Sections 1601.002(1)(C)-(H) and (K) [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 second
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) is located in:
(A) a municipality with a population of more than
50,000 that has a building of permanent construction containing at
least 2,000 [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; or
(B) a municipality with a population of 50,000 or
less or an unincorporated area of a county that has a building of
permanent construction containing at least 1,000 square feet of
floor space, including classroom and practical areas, covered in 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. Subsection (b), Section 1601.402, 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. Subsection (a), Section 1601.405, 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. Subsection (b), Section 1601.563, Occupations
Code, is amended to read as follows:
(b) A barber school's refund policy must provide that:
(1) the refund is based on the period of the student's
enrollment, computed on the basis of course time expressed in
scheduled [clock] hours, as specified by an enrollment agreement,
contract, or other document acceptable to the department;
(2) the effective date of the termination for refund
purposes is the earliest of:
(A) the last date of attendance, if the student
is terminated by the school;
(B) the date the permit holder receives the
student's written notice of withdrawal; or
(C) 10 school days after the last date of
attendance; and
(3) the school may retain not more than $100 if:
(A) tuition is collected before the course of
training begins; and
(B) the student does not begin the course of
training before the date the cancellation period under Section
1601.562 expires.
SECTION 11. 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 12. Subsection (a), Section 1602.002, 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; or
(12) applying semipermanent, thread-like extensions
composed of single fibers to a person's eyelashes.
SECTION 13. 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 14. Subsections (b) and (c), Section 1602.255,
Occupations Code, are 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) completed [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) completed 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;
(C) completed 15 semester hours in education
courses through an accredited college or university within the 10
years before the date of application; or
(D) obtained a degree in education from an
accredited college or university; and
(5) pass the examination required under Section
1602.262.
(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 15. Section 1602.257, Occupations Code, is amended
to read as follows:
Sec. 1602.257. ELIGIBILITY FOR ESTHETICIAN [A FACIALIST]
SPECIALTY LICENSE. (a) A person holding an esthetician [a
facialist] specialty license may perform only the practice of
cosmetology defined in Sections 1602.002(a)(6), (7), (8),
[through] (9), and (12).
(b) To be eligible for an esthetician [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
esthetics [facialist] specialty through a commission-approved
training program.
SECTION 16. 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 17. Subchapter F, Chapter 1602, Occupations Code,
is amended by adding Section 1602.261 to read as follows:
Sec. 1602.261. ELIGIBILITY FOR MANICURIST/ESTHETICIAN
SPECIALTY LICENSE. (a) A person holding a manicurist/esthetician
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/esthetician 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 esthetician 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) 1,200 hours of instruction in a
manicure/esthetics 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 esthetics curriculum
in commission-approved training programs.
SECTION 18. 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 19. Subsection (c), Section 1602.267, Occupations
Code, is amended to read as follows:
(c) A shampoo apprentice permit expires on the second
[first] anniversary of the date of issuance and may not be renewed.
SECTION 20. Subsections (a) and (b), Section 1602.303,
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) 2,800 [3,500] square feet of floor
space if the building is located in a county with a population of
more than 100,000; or
(ii) 1,800 square feet of floor space if the
building is located in a county with a population of 100,000 or
less;
(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 21. Subsection (a), Section 1602.305, 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 22. Subsection (a), Section 1602.451, 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 23. Subsection (b), Section 1602.458, Occupations
Code, is amended to read as follows:
(b) The refund policy must provide that:
(1) the refund is based on the period of the student's
enrollment, computed on the basis of course time expressed in
scheduled [clock] hours, as specified by an enrollment agreement,
contract, or other document acceptable to the department;
(2) the effective date of the termination for refund
purposes is the earliest of:
(A) the last date of attendance, if the student
is terminated by the school;
(B) the date the license holder receives the
student's written notice of withdrawal; or
(C) 10 school days after the last date of
attendance; and
(3) the school may retain not more than $100 if:
(A) tuition is collected before the course of
training begins; and
(B) the student fails to withdraw from the course
of training before the cancellation period expires.
SECTION 24. 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 in a private barber or cosmetology
school; or
(2) 900 hours for a student seeking a Class A barber
certificate or operator license in a publicly funded barber or
cosmetology school.
SECTION 25. Subsections (a), (b), and (c), Section
1603.352, 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 26. The following provisions of the Occupations
Code are repealed:
(1) Subdivision (5), Subsection (a), Section
1601.001;
(2) Section 1601.354;
(3) Section 1601.355; and
(4) Subsection (b), Section 1602.403.
SECTION 27. (a) The Texas Department of Licensing and
Regulation shall conduct a study that analyzes the performance of
barber schools under Subchapter L, Chapter 1601, Occupations Code,
and beauty culture schools under Subchapter J, Chapter 1602,
Occupations Code, including the payment of refunds and
recommendations for improvements to the process for the payment of
refunds to eligible students.
(b) In conducting the study, the Texas Department of
Licensing and Regulation shall consult with:
(1) the Advisory Board on Barbering;
(2) the Advisory Board on Cosmetology;
(3) national accrediting organizations for barbers
and cosmetologists;
(4) representatives of barber schools and beauty
culture schools; and
(5) barbers, cosmetologists, and other interested
parties.
(c) Not later than September 1, 2012, the Texas Department
of Licensing and Regulation shall report the results of the study to
the:
(1) House Committee on Licensing and Administrative
Procedures; and
(2) Senate Committee on Business and Commerce.
(d) This section expires September 1, 2013.
SECTION 28. (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
Subdivisions (1) and (2), Subsection (b), Section 1602.2571,
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 Subdivision (12), Subsection (a), Section
1602.002, 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 29. (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 28 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 30. To the extent of any conflict, the change in law
made by this Act to Paragraph (B), Subdivision (3), Subsection (b),
Section 1602.303, Occupations Code, prevails over a change in law
made by any other Act of the 82nd Legislature, Regular Session,
2011, regardless of the relative dates of enactment.
SECTION 31. (a) 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.
(b) Except as provided by Subsection (a), Section 29 of this
Act, the Texas Commission of Licensing and Regulation shall adopt
rules necessary to implement the changes in law made by this Act not
later than March 31, 2012.
SECTION 32. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1170 passed the Senate on
April 14, 2011, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1170 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 147,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor