Texas 2013 - 83rd Regular

Texas Senate Bill SB973 Compare Versions

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1	1	By: Carona S.B. No. 973
2	2	(Thompson of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of barbering and cosmetology;
8	8	authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 1601.001, Occupations
11	11	Code, is amended by adding Subdivision (5) to read as follows:
12	12	(5) "Dual shop" means a shop owned, operated, or
13	13	managed by a person holding a dual barber and beauty shop license
14	14	issued under Chapter 1603.
15	15	SECTION 2. Section 1601.260, Occupations Code, is amended
16	16	by adding Subsection (c) to read as follows:
17	17	(c) A person holding a student permit may shampoo or
18	18	condition a person's hair in a facility licensed under this chapter
19	19	or Chapter 1603. The barber school in which the permit holder is
20	20	enrolled may not receive compensation for services performed under
21	21	this subsection.
22	22	SECTION 3. Section 1601.261, Occupations Code, is amended
23	23	by adding Subsection (f) to read as follows:
24	24	(f) This section applies only to a person who holds a permit
25	25	under this section issued to the person before September 1, 2013.
26	26	SECTION 4. Section 1601.301, Occupations Code, is amended
27	27	to read as follows:
28	28	Sec. 1601.301. PERMIT REQUIRED. (a) A person may not own,
29	29	operate, or manage a barbershop, dual shop, or specialty shop
30	30	unless the person holds the appropriate permit.
31	31	(b) Not later than the third day after the date the shop
32	32	opens, a person who owns, operates, or manages a barbershop, dual
33	33	shop, or specialty shop must submit an application to the
34	34	department for an appropriate permit for each shop, accompanied by
35	35	a fee set by commission rule.
36	36	(c) A person who owns, operates, or manages a barbershop,
37	37	dual shop, or specialty shop may employ a person holding a student
38	38	permit under Section 1601.260 to shampoo or condition a person's
39	39	hair.
40	40	SECTION 5. Section 1601.353, Occupations Code, is amended
41	41	to read as follows:
42	42	Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. The
43	43	department may approve an application for a permit for a barber
44	44	school if the school:
45	45	(1) is located in:
46	46	(A) a municipality with a population of more than
47	47	50,000 that has a building of permanent construction containing at
48	48	least 2,000 square feet of floor space, including classroom and
49	49	practical areas, covered in a hard-surface floor-covering of tile
50	50	or other suitable material; or
51	51	(B) a municipality with a population of 50,000 or
52	52	less or an unincorporated area of a county that has a building of
53	53	permanent construction containing at least 1,000 square feet of
54	54	floor space, including classroom and practical areas, covered in a
55	55	hard-surface floor-covering of tile or other suitable material;
56	56	(2) has the following equipment:
57	57	(A) at least 10 student workstations that include
58	58	a chair that reclines, a back bar, and a wall mirror;
59	59	(B) a sink behind every two workstations;
60	60	(C) [a liquid sterilizer for each workstation;
61	61	[(D)] adequate lighting for each room;
62	62	(D) [(E)] at least 10 classroom chairs and other
63	63	materials necessary to teach the required subjects; and
64	64	(E) [(F)] access to permanent restrooms and
65	65	adequate drinking fountain facilities; and
66	66	(3) meets any other requirement set by the commission.
67	67	SECTION 6. Subchapter J, Chapter 1601, Occupations Code, is
68	68	amended by adding Section 1601.455 to read as follows:
69	69	Sec. 1601.455. SERVICE AT UNLICENSED LOCATION. (a) In
70	70	this section, "licensed facility" means the premises of a place of
71	71	business that holds a license, certificate, or permit under this
72	72	chapter or Chapter 1603.
73	73	(b) A person holding a license, certificate, or permit under
74	74	this chapter may perform a service within the scope of the license,
75	75	certificate, or permit at a location other than a licensed facility
76	76	for a client who, because of illness or physical or mental
77	77	incapacitation, is unable to receive the services at a licensed
78	78	facility.
79	79	(c) An appointment for a service performed under this
80	80	section must be made through a licensed facility.
81	81	SECTION 7. Section 1602.001, Occupations Code, is amended
82	82	by adding Subdivision (3-a) to read as follows:
83	83	(3-a) "Dual shop" means a shop owned, operated, or
84	84	managed by a person holding a dual barber and beauty shop license
85	85	issued under Chapter 1603.
86	86	SECTION 8. Subsection (a), Section 1602.002, Occupations
87	87	Code, is amended to read as follows:
88	88	(a) In this chapter, "cosmetology" means the practice of
89	89	performing or offering to perform for compensation any of the
90	90	following services:
91	91	(1) treating a person's hair by:
92	92	(A) providing any method of treatment as a
93	93	primary service, including arranging, beautifying, bleaching,
94	94	cleansing, coloring, cutting, dressing, dyeing, processing,
95	95	shampooing, shaping, singeing, straightening, styling, tinting, or
96	96	waving;
97	97	(B) providing a necessary service that is
98	98	preparatory or ancillary to a service under Paragraph (A),
99	99	including bobbing, clipping, cutting, or trimming; or
100	100	(C) cutting the person's hair as a separate and
101	101	independent service for which a charge is directly or indirectly
102	102	made separately from charges for any other service;
103	103	(2) [weaving or] braiding a person's hair;
104	104	(3) shampooing and conditioning a person's hair;
105	105	(4) servicing a person's wig or artificial hairpiece
106	106	on a person's head or on a block after the initial retail sale and
107	107	servicing in any manner listed in Subdivision (1);
108	108	(5) treating a person's mustache or beard by
109	109	arranging, beautifying, coloring, processing, styling, or
110	110	trimming;
111	111	(6) cleansing, stimulating, or massaging a person's
112	112	scalp, face, neck, or arms:
113	113	(A) by hand or by using a device, apparatus, or
114	114	appliance; and
115	115	(B) with or without the use of any cosmetic
116	116	preparation, antiseptic, tonic, lotion, or cream;
117	117	(7) beautifying a person's face, neck, or arms using a
118	118	cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
119	119	clay, cream, or appliance;
120	120	(8) administering facial treatments;
121	121	(9) removing superfluous hair from a person's body
122	122	using depilatories, preparations, or tweezing techniques;
123	123	(10) treating a person's nails by:
124	124	(A) cutting, trimming, polishing, tinting,
125	125	coloring, cleansing, or manicuring; or
126	126	(B) attaching false nails;
127	127	(11) massaging, cleansing, treating, or beautifying a
128	128	person's hands or feet; [or]
129	129	(12) applying semipermanent, thread-like extensions
130	130	composed of single fibers to a person's eyelashes; or
131	131	(13) weaving a person's hair.
132	132	SECTION 9. Section 1602.051, Occupations Code, is amended
133	133	to read as follows:
134	134	Sec. 1602.051. BOARD; MEMBERSHIP. (a) The Advisory Board
135	135	on Cosmetology consists of nine [seven] members appointed by the
136	136	presiding officer of the commission, with the commission's
137	137	approval, as follows:
138	138	(1) one member who holds a license for a beauty shop
139	139	that is part of a chain of beauty shops;
140	140	(2) one member who holds a license for a beauty shop
141	141	that is not part of a chain of beauty shops;
142	142	(3) one member who holds a private beauty culture
143	143	school license;
144	144	(4) two members who each hold an operator license;
145	145	(5) one member who represents a licensed public
146	146	secondary or postsecondary beauty culture school; [and]
147	147	(6) one member who represents a licensed public
148	148	secondary beauty culture school; and
149	149	(7) two [one] public members [member].
150	150	(b) The associate commissioner [for occupational education
151	151	and technology] of the Texas Education Agency responsible for
152	152	career and technical education or the associate commissioner's
153	153	authorized representative shall serve as an ex officio member of
154	154	the commission without voting privileges.
155	155	SECTION 10. Subsection (c), Section 1602.251, Occupations
156	156	Code, is amended to read as follows:
157	157	(c) A person licensed by the department may practice
158	158	cosmetology only at a facility operated by a person holding a beauty
159	159	shop license, specialty shop license, private beauty culture school
160	160	license, or other license issued by the department.
161	161	SECTION 11. Section 1602.258, Occupations Code, is amended
162	162	to read as follows:
163	163	Sec. 1602.258. ELIGIBILITY FOR A HAIR BRAIDING SPECIALTY
164	164	CERTIFICATE. (a) A person holding a hair braiding specialty
165	165	certificate may perform only the practice of cosmetology defined in
166	166	Section 1602.002(a)(2) [Sections 1602.002(a)(2) through (4)].
167	167	(b) To be eligible for a hair braiding specialty
168	168	certificate, an applicant must:
169	169	(1) be at least 17 years of age; and
170	170	(2) have the necessary requisites as determined by the
171	171	department in the particular specialty for which certification is
172	172	sought, including training through a commission-approved training
173	173	program.
174	174	SECTION 12. Subchapter F, Chapter 1602, Occupations Code,
175	175	is amended by adding Sections 1602.259 and 1602.260 to read as
176	176	follows:
177	177	Sec. 1602.259. ELIGIBILITY FOR A HAIR WEAVING SPECIALTY
178	178	CERTIFICATE. (a) A person holding a hair weaving specialty
179	179	certificate may perform only the practice of cosmetology defined in
180	180	Sections 1602.002(a)(2), (3), and (13).
181	181	(b) To be eligible for a hair weaving specialty certificate,
182	182	an applicant must:
183	183	(1) be at least 17 years of age; and
184	184	(2) have the necessary requisites as determined by the
185	185	department in the particular specialty for which certification is
186	186	sought, including training through a commission-approved training
187	187	program.
188	188	Sec. 1602.260. ELIGIBILITY FOR A WIG SPECIALTY CERTIFICATE.
189	189	(a) A person holding a wig specialty certificate may perform only
190	190	the practice of cosmetology defined in Section 1602.002(a)(4).
191	191	(b) To be eligible for a wig specialty certificate, an
192	192	applicant must:
193	193	(1) be at least 17 years of age; and
194	194	(2) have the necessary requisites as determined by the
195	195	department in the particular specialty for which certification is
196	196	sought, including training through a commission-approved training
197	197	program.
198	198	SECTION 13. Section 1602.266, Occupations Code, is amended
199	199	by adding Subsection (c) to read as follows:
200	200	(c) A person holding a student permit may shampoo or
201	201	condition a person's hair in a facility licensed under this chapter
202	202	or Chapter 1603.
203	203	SECTION 14. Section 1602.267, Occupations Code, is amended
204	204	by adding Subsection (f) to read as follows:
205	205	(f) This section applies only to a person who holds a permit
206	206	under this section issued to the person before September 1, 2013.
207	207	SECTION 15. Section 1602.301, Occupations Code, is amended
208	208	by amending Subsection (b) and adding Subsection (c) to read as
209	209	follows:
210	210	(b) A person may not operate a vocational cosmetology
211	211	program in a public school or lease space on the premises of a
212	212	beauty shop, specialty shop, or dual shop to engage in the practice
213	213	of cosmetology as an independent contractor unless the person holds
214	214	a license issued under this chapter.
215	215	(c) A person who owns, operates, or manages a beauty shop,
216	216	specialty shop, or dual shop may employ a person holding a student
217	217	permit under Section 1602.266 to shampoo or condition a person's
218	218	hair.
219	219	SECTION 16. Subsection (a), Section 1602.354, Occupations
220	220	Code, is amended to read as follows:
221	221	(a) The commission will by rule recognize, prepare, or
222	222	administer continuing education programs for the practice of
223	223	cosmetology. Participation in the programs is mandatory for all
224	224	license renewals other than renewal of a shampoo specialty
225	225	certificate.
226	226	SECTION 17. Subsection (c), Section 1602.403, Occupations
227	227	Code, is amended to read as follows:
228	228	(c) A person holding a beauty shop license or specialty shop
229	229	license may not employ:
230	230	(1) a person as an operator or specialist or lease to a
231	231	person who acts as an operator or specialist unless the person holds
232	232	a license or certificate under this chapter or under Chapter 1601;
233	233	or
234	234	(2) a person to shampoo or condition a person's hair
235	235	unless the person holds a shampoo apprentice permit or student
236	236	permit.
237	237	SECTION 18. Subchapter I, Chapter 1602, Occupations Code,
238	238	is amended by adding Section 1602.407 to read as follows:
239	239	Sec. 1602.407. SERVICE AT UNLICENSED LOCATION. (a) In
240	240	this section, "licensed facility" means the premises of a place of
241	241	business that holds a license, certificate, or permit under this
242	242	chapter or Chapter 1603.
243	243	(b) A person holding a license, certificate, or permit under
244	244	this chapter may perform a service within the scope of the license,
245	245	certificate, or permit at a location other than a licensed facility
246	246	for a client who, because of illness or physical or mental
247	247	incapacitation, is unable to receive the services at a licensed
248	248	facility.
249	249	(c) An appointment for a service performed under this
250	250	section must be made through a licensed facility.
251	251	SECTION 19. Subsection (a), Section 1602.451, Occupations
252	252	Code, is amended to read as follows:
253	253	(a) The holder of a private beauty culture school license
254	254	shall:
255	255	(1) maintain a sanitary establishment;
256	256	(2) maintain on duty one [full-time] licensed
257	257	instructor for each 25 students in attendance;
258	258	(3) maintain a daily record of students' attendance;
259	259	(4) establish regular class and instruction hours and
260	260	grades;
261	261	(5) require a school term of not less than nine months
262	262	and not less than 1,500 hours instruction for a complete course in
263	263	cosmetology;
264	264	(6) require a school term of not less than 600 hours
265	265	instruction for a complete course in manicuring;
266	266	(7) hold examinations before issuing diplomas;
267	267	(8) maintain a copy of the school's curriculum in a
268	268	conspicuous place and verify that the curriculum is being followed;
269	269	(9) publish in the school's catalogue and enrollment
270	270	contract a description of the refund policy required under Section
271	271	1602.458; and
272	272	(10) provide the department with information on:
273	273	(A) the current course completion rates of
274	274	students who attend a course of instruction offered by the school;
275	275	and
276	276	(B) job placement rates and employment rates of
277	277	students who complete the course of instruction.
278	278	SECTION 20. Section 1602.456, Occupations Code, is amended
279	279	by adding Subsection (b-1) to read as follows:
280	280	(b-1) A private beauty culture school or public school in
281	281	which a student permit holder is enrolled may not receive
282	282	compensation for services performed under Section 1602.266(c).
283	283	SECTION 21. Subchapter E, Chapter 1603, Occupations Code,
284	284	is amended by adding Section 1603.207 to read as follows:
285	285	Sec. 1603.207. MINI-SALONS AND MINI-BARBERSHOPS. (a) In
286	286	this section, "mini-salon or mini-barbershop" includes a room or
287	287	suite of rooms that is one of a number of connected establishments
288	288	in a single premises that open onto a common hallway or another
289	289	configuration of operations as determined by commission rule in
290	290	which a person practices barbering or cosmetology under a license,
291	291	certificate, or permit issued under this chapter, Chapter 1601, or
292	292	Chapter 1602.
293	293	(b) The commission may adopt rules for the:
294	294	(1) licensing, permitting, operation, inspection, and
295	295	reporting requirements of a mini-salon or mini-barbershop;
296	296	(2) fees required to issue or renew a license or permit
297	297	for or to inspect a mini-salon or mini-barbershop; and
298	298	(3) sanitation standards required for a mini-salon or
299	299	mini-barbershop.
300	300	(c) A mini-salon or mini-barbershop licensed, certified, or
301	301	permitted under this section must meet the requirements of a
302	302	barbershop, beauty shop, dual shop, or specialty shop licensed,
303	303	certified, or permitted under this chapter, Chapter 1601, or
304	304	Chapter 1602.
305	305	SECTION 22. Subsection (c), Section 1603.256, Occupations
306	306	Code, is amended to read as follows:
307	307	(c) The following persons may administer a practical
308	308	examination required under this subchapter:
309	309	(1) the department; or
310	310	(2) a person with whom the department contracts under
311	311	Section 1603.252[; or
312	312	[(3) an examination proctor].
313	313	SECTION 23. Section 1603.351, Occupations Code, is amended
314	314	to read as follows:
315	315	Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
316	316	EDUCATION. (a) The commission shall prescribe the minimum
317	317	curriculum, including the subjects and the number of hours in each
318	318	subject, taught by a school licensed under this chapter, Chapter
319	319	1601, or Chapter 1602[, including a private beauty culture school
320	320	or a vocational cosmetology program in a public school].
321	321	(b) The commission may adopt rules allowing distance
322	322	education only for the theory portion of the curriculum taught by a
323	323	school licensed under this chapter, Chapter 1601, or Chapter 1602.
324	324	(c) Distance education does not satisfy the requirements of
325	325	the practical portion of the curriculum taught by a school licensed
326	326	under this chapter, Chapter 1601, or Chapter 1602.
327	327	SECTION 24. The following sections of the Occupations Code
328	328	are repealed:
329	329	(1) Subsections (b) and (e), Section 1601.261;
330	330	(2) Subsections (b) and (e), Section 1602.267;
331	331	(3) Section 1603.153;
332	332	(4) Section 1603.251; and
333	333	(5) Section 1603.257.
334	334	SECTION 25. (a) A person holding a shampoo specialty
335	335	certificate under Section 1602.258, Occupations Code, on the
336	336	effective date of this Act may continue to provide services under
337	337	and renew the certificate as provided by Chapter 1602, Occupations
338	338	Code.
339	339	(b) The Texas Department of Licensing and Regulation may not
340	340	issue an original shampoo specialty certificate on or after
341	341	September 1, 2013.
342	342	(c) A person holding a shampoo apprentice permit under
343	343	Section 1601.261 or 1602.267, Occupations Code, on the effective
344	344	date of this Act may continue to provide services under the permit
345	345	as provided by Chapter 1601 or 1602, Occupations Code, as
346	346	appropriate.
347	347	(d) The Texas Department of Licensing and Regulation may not
348	348	issue an original shampoo apprentice permit on or after September
349	349	1, 2013.
350	350	SECTION 26. Not later than May 1, 2014, the Texas Commission
351	351	of Licensing and Regulation shall adopt rules to implement Section
352	352	1603.207, Occupations Code, as added by this Act, and Section
353	353	1603.351, Occupations Code, as amended by this Act.
354	354	SECTION 27. This Act takes effect September 1, 2013.