83R7324 JSC-D
By: Schaefer H.B. No. 1779
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practices of barbering and
cosmetology and associated locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.070 to read as follows:
Sec. 341.070. BARBERING OR COSMETOLOGY ESTABLISHMENTS. (a)
In this section:
(1) "Barbering" means performing or offering or
attempting to perform for compensation or the promise of
compensation any of the following services:
(A) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, shaving, styling, or
trimming;
(B) treating a person's hair by:
(i) arranging, beautifying, bleaching,
cleansing, coloring, curling, dressing, dyeing, processing,
shampooing, shaping, singeing, straightening, styling, tinting, or
waving;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) cutting the person's hair as a
separate and independent service for which a charge is directly or
indirectly made separately from a charge for any other service;
(C) cleansing, stimulating, or massaging a
person's scalp, face, neck, arms, or shoulders:
(i) by hand or by using a device, apparatus,
or appliance; and
(ii) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(D) beautifying a person's face, neck, arms, or
shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
powder, oil, clay, cream, or appliance;
(E) treating a person's nails by:
(i) cutting, trimming, polishing, tinting,
coloring, cleansing, manicuring, or pedicuring; or
(ii) attaching false nails;
(F) massaging, cleansing, treating, or
beautifying a person's hands;
(G) administering facial treatments;
(H) weaving a person's hair by using any method
to attach commercial hair to a person's hair or scalp;
(I) shampooing or conditioning a person's hair;
(J) servicing in any manner listed in Paragraph
(B) a person's wig, toupee, or artificial hairpiece on a person's
head or on a block after the initial retail sale; or
(K) braiding a person's hair, trimming hair
extensions only as applicable to the braiding process, and
attaching commercial hair only by braiding and without the use of
chemicals or adhesives.
(2) "Cosmetology" means the practice of performing or
offering to perform for compensation any of the following services:
(A) treating a person's hair by:
(i) 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;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) 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;
(B) weaving or braiding a person's hair;
(C) shampooing and conditioning a person's hair;
(D) 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 Paragraph (A);
(E) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, or
trimming;
(F) cleansing, stimulating, or massaging a
person's scalp, face, neck, or arms:
(i) by hand or by using a device, apparatus,
or appliance; and
(ii) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(G) beautifying a person's face, neck, or arms
using a cosmetic preparation, antiseptic, tonic, lotion, powder,
oil, clay, cream, or appliance;
(H) administering facial treatments;
(I) removing superfluous hair from a person's
body using depilatories, preparations, or tweezing techniques;
(J) treating a person's nails by:
(i) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(ii) attaching false nails;
(K) massaging, cleansing, treating, or
beautifying a person's hands or feet; or
(L) applying semipermanent, thread-like
extensions composed of single fibers to a person's eyelashes.
(b) An owner, manager, operator, or other attendant in
charge of an establishment providing barbering or cosmetology
services to the public must keep the establishment in a sanitary
condition.
(c) A local health department or local health authority of a
county or municipality may inspect an establishment described by
Subsection (b) within the jurisdiction of the county or
municipality for compliance with this section.
(d) A county or municipality may by order close, for the
period specified in the order, an establishment described by
Subsection (b) within the jurisdiction of the county or
municipality if the operation of the establishment violates this
section.
SECTION 2. Title 9, Occupations Code, is repealed.
SECTION 3. (a) A license, certificate, or permit issued
under Chapter 1601, 1602, or 1603, Occupations Code, in effect on
the effective date of this Act expires on that date.
(b) A proceeding under Title 9, Occupations Code, including
a complaint investigation, disciplinary action, and administrative
penalty proceeding, pending on the effective date of this Act is
terminated on that date.
(c) The Texas Department of Licensing and Regulation shall
return to a person who holds a valid license, certificate, or permit
under Title 9, Occupations Code, as that title existed immediately
before the effective date of this Act, a prorated portion of the fee
paid to the department for the issuance or renewal of the license,
certificate, or permit.
SECTION 4. This Act takes effect September 1, 2013.