83R8548 MAW-F
By: Allen H.B. No. 3477
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of cosmetology, including eyebrow or
facial hair threading.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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;
(10) treating a person's nails by:
(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(B) attaching false nails;
(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; or
(13) removing superfluous eyebrow or facial hair from
a person by using a thin piece of thread that is looped around the
hair and pulled to remove the hair.
SECTION 2. Chapter 1602, Occupations Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. ADVISORY BOARD ON THREADING
Sec. 1602.101. ADVISORY BOARD ON THREADING; MEMBERSHIP.
The advisory board on threading consists of five members appointed
by the presiding officer of the commission, with the commission's
approval, as follows:
(1) three members who each have at least five years of
experience performing eyebrow or facial hair threading;
(2) one member who holds an operator license; and
(3) one member who represents a small business related
to the practice of cosmetology.
Sec. 1602.102. TERMS; VACANCY. (a) Members of the advisory
board on threading serve two-year terms expiring on February 1 of
each odd-numbered year. A member may serve consecutive terms.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement to fill the unexpired term.
Sec. 1602.103. PRESIDING OFFICER. The presiding officer of
the commission shall designate one member of the advisory board on
threading to serve as the presiding officer of that advisory board
at the will of the presiding officer of the commission.
Sec. 1602.104. DUTY OF ADVISORY BOARD ON THREADING. The
advisory board on threading shall advise the commission and the
department on education and qualifications for instructors of the
practice of cosmetology defined in Section 1602.002(a)(13) and make
recommendations related to the requirements of a training program
under Section 1602.2574.
SECTION 3. Section 1602.255, Occupations Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(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), (9), (10), [and]
(12), and (13).
(d) In adopting rules under Subsection (c), the commission
shall require a specialty instructor teaching a specialty course in
the practice of cosmetology defined in Section 1602.002(a)(13) to:
(1) have at least:
(A) three years of experience in eyebrow or
facial hair threading; and
(B) one year of experience as an owner or manager
of a beauty shop or specialty shop; and
(2) complete at least 48 hours of specialty training
regarding the instruction of eyebrow or facial hair threading.
SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is
amended by adding Sections 1602.2573 and 1602.2574 to read as
follows:
Sec. 1602.2573. ELIGIBILITY FOR A SPECIALTY LICENSE IN
EYEBROW OR FACIAL HAIR THREADING; WAIVER. (a) A person holding a
specialty license in eyebrow or facial hair threading may perform
only the practice of cosmetology defined in Section
1602.002(a)(13).
(b) To be eligible for a specialty license in eyebrow or
facial hair threading, 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 1602.2574 that has been approved by the commission.
(c) The commission shall waive the requirement under
Subsection (b)(3) for an applicant who has, before the date the
person submits an application for a specialty license under this
section, completed at least one-half of the number of hours
required by Section 1602.254(b)(3) for the issuance of an operator
license.
Sec. 1602.2574. EYEBROW OR FACIAL HAIR THREADING TRAINING
PROGRAM. (a) An eyebrow or facial hair threading 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 skin and allergic reactions to materials;
(2) proper sanitation practices;
(3) occupational health and safety practices;
(4) eyebrow or facial hair threading techniques;
(5) eyebrow shaping techniques; and
(6) small business education and training.
(b) The commission shall adopt rules regarding eyebrow or
facial hair threading training programs and may establish or
designate approved training programs.
SECTION 5. Section 1602.262(a), Occupations Code, as
amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted to read
as follows:
(a) An applicant for a license under this chapter is
entitled to the license if the applicant:
(1) meets the applicable eligibility requirements;
(2) passes the applicable examination;
(3) pays the required fee;
(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.
SECTION 6. Section 1602.305(a), 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), (4), (7), (9), (10), [or] (12),
or (13) is performed.
SECTION 7. Section 1602.354, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) Rules adopted under Subsection (a) may require a person
holding a specialty license in eyebrow or facial hair threading to
complete only not less than four and not more than 10 hours of
continuing education each year in threading techniques and health
and safety topics.
SECTION 8. Section 1602.406(a), Occupations Code, is
amended to read as follows:
(a) A person holding an operator license, instructor
license, specialty license, or specialty certificate may not
perform any practice of cosmetology if the person knows the person
is suffering from an infectious or contagious disease for which the
person is not entitled to protection under the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
SECTION 9. (a) Not later than December 1, 2013, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement Sections 1602.255 and 1602.354, Occupations Code, as
amended by this Act, and Sections 1602.2573 and 1602.2574,
Occupations Code, as added by this Act.
(b) A person is not required to hold a specialty license in
eyebrow or facial hair threading issued under Section 1602.2573,
Occupations Code, until June 1, 2014.
SECTION 10. This Act takes effect September 1, 2013.