83R7849 SLB/AJZ/MAW-D
By: Harper-Brown H.B. No. 2494
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain occupations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REGULATION OF CERTAIN INTERIOR DESIGNERS
SECTION 1.01. Section 1051.001, Occupations Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Hospital" means a public or private institution
licensed under Chapter 241 or 577, Health and Safety Code,
including a general hospital or a special hospital, as those terms
are defined by Section 241.003, Health and Safety Code.
SECTION 1.02. Section 1053.151, Occupations Code, is
amended to read as follows:
Sec. 1053.151. REGISTRATION [REQUIRED]. (a) The board
shall issue a certificate of registration under this chapter to a
person who:
(1) practices interior design as it relates to the
interior environment or space of a hospital; and
(2) meets the requirements of this chapter and board
rules.
(b) Except as provided by Subsection (a), the board may not
issue or renew a certificate of registration to a person engaged in
the practice of interior design.
(c) A person other than an interior designer may
not represent that the person is a "registered interior designer"
by using that title or by using words that imply that the person is a
registered interior designer.
SECTION 1.03. Section 1053.152(a), Occupations Code, is
amended to read as follows:
(a) The board shall establish the qualifications for the
issuance or renewal of a certificate of registration under this
chapter to a person who practices interior design as it relates to
the interior environment or space of a hospital.
SECTION 1.04. Section 1053.351(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
violates Section 1053.151(c) [1053.151] or a standard of conduct
adopted under this chapter.
SECTION 1.05. The change in law made by this article applies
only to an offense committed on or after the effective date of this
article. An offense committed before the effective date of this
article is governed by the law in effect at the time the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this article if any element of the
offense occurred before that date.
SECTION 1.06. Not later than October 1, 2013, the Texas
Board of Architectural Examiners shall adopt rules necessary to
implement Section 1053.151, Occupations Code, as amended by this
article.
ARTICLE 2. ELIMINATING CONTINUING EDUCATION REQUIREMENTS FOR
PERSONS HOLDING CERTAIN LICENSES RELATING TO MANUFACTURED HOUSING
SECTION 2.01. Section 1201.113, Occupations Code, as
amended by Chapter 863 (H.B. 1460), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
Sec. 1201.113. OPTIONAL [CERTIFICATION AND] CONTINUING
EDUCATION PROGRAMS FOR LICENSEES. (a) The board shall approve or
administer optional continuing education programs for licensees
under this chapter. A continuing education program may [must be at
least eight hours long and must] include the current rules of the
department and such other matters as the board considers [may deem]
relevant.
(b) The department may not require a licensee to complete
[Completion of] an approved or administered continuing education
course as [described by Subsection (a) is] a prerequisite to
renewal of a license.
[(c) No test shall be given in relation to any continuing
education program.]
ARTICLE 3. REGULATION OF CERTAIN PRACTICES IN BARBERING AND
COSMETOLOGY
SECTION 3.01. Section 1601.251, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] person may
not perform or offer or attempt to perform any act of barbering
unless the person holds an appropriate certificate, license, or
permit.
(a-1) A person is not required to hold a license,
certificate, or permit if the person's only act of barbering
consists of shampooing or conditioning a person's hair.
SECTION 3.02. Section 1601.257(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a manicurist license must:
(1) be at least 17 years of age;
(2) have completed the seventh grade or the equivalent
of the seventh grade;
(3) have completed a commission-approved training
program consisting of 300 [600] hours of instruction in manicuring;
and
(4) submit the required fee with the application.
SECTION 3.03. Section 1601.262, Occupations Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(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 [900] hours of instruction in a barber
technician/manicurist curriculum in a commission-approved training
program; or
(B) 300 [600] hours of instruction in a manicure
curriculum and 300 hours of instruction in a barber technician
curriculum in a commission-approved training program.
(d) Of the 600 hours of instruction required by Subsection
(c)(2)(A), not more than 300 hours may be in the manicurist portion
of the curriculum.
SECTION 3.04. Section 1602.251, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] person may
not perform or attempt to perform a practice of cosmetology unless
the person holds a license or certificate to perform that practice.
(a-1) A person is not required to hold a license,
certificate, or permit if the person's only act of cosmetology
consists of shampooing or conditioning a person's hair.
SECTION 3.05. Section 1602.256(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a manicurist 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 300 [600] hours of instruction in
manicuring through a commission-approved training program.
SECTION 3.06. Section 1602.258(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty certificate may perform
only the practice of cosmetology defined in Section [Sections]
1602.002(a)(2) or [through] (4).
SECTION 3.07. Section 1602.261, Occupations Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(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) 900 [1,200] hours of instruction in a
manicure/esthetics specialty curriculum in a commission-approved
training program; or
(B) 300 [600] hours of instruction in a manicure
curriculum and 750 hours of instruction in an esthetics curriculum
in commission-approved training programs.
(d) Of the 900 hours of instruction required by Subsection
(c)(2)(A), not more than 300 hours may be from the manicurist
portion of the curriculum.
SECTION 3.08. The following sections of the Occupations
Code are repealed:
(1) Section 1601.261; and
(2) Section 1602.267.
SECTION 3.09. (a) A permit issued under Section 1601.261 or
1602.267, Occupations Code, in effect on the effective date of this
article expires on that date.
(b) A proceeding under Title 9, Occupations Code, including
a complaint investigation, disciplinary action, and administrative
penalty proceeding, relating to the holder of a permit under
Section 1601.261 or 1602.267, Occupations Code, pending on the
effective date of this article is terminated on that date.
(c) The Texas Department of Licensing and Regulation shall
return to a person who holds a valid permit under Section 1601.261
or 1602.267, Occupations Code, as those sections existed
immediately before the effective date of this article, a prorated
portion of the fee paid to the department for the issuance or
renewal of the permit.
(d) Sections 1601.257, 1601.262, 1602.256, and 1602.261,
Occupations Code, as amended by this article, apply only to an
application for a license filed on or after the effective date of
this article. An application for a license filed before the
effective date of this article is governed by the law in effect on
the date the application was filed, and that law is continued in
effect for that purpose.
ARTICLE 4. EFFECTIVE DATES
SECTION 4.01. (a) Articles 1 and 2 of this Act take effect
immediately if this Act 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 votes
necessary for immediate effect, Articles 1 and 2 take effect
September 1, 2013.
(b) Article 3 of this Act takes effect September 1, 2013.