83R5103 SLB-D
By: Harper-Brown H.B. No. 3156
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain practices in barbering and
cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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. 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 4. The following sections of the Occupations Code
are repealed:
(1) Section 1601.261; and
(2) Section 1602.267.
SECTION 5. (a) A permit issued under Section 1601.261 or
1602.267, 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, relating to the holder of a permit under
Section 1601.261 or 1602.267, Occupations Code, 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 permit under Section 1601.261
or 1602.267, Occupations Code, as those sections 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 permit.
SECTION 6. This Act takes effect September 1, 2013.