By: Carona S.B. No. 973
(Thompson of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbering and cosmetology;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 1601.001, Occupations
Code, is amended by adding Subdivision (5) to read as follows:
(5) "Dual shop" means a shop owned, operated, or
managed by a person holding a dual barber and beauty shop license
issued under Chapter 1603.
SECTION 2. Section 1601.260, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) A person holding a student permit may shampoo or
condition a person's hair in a facility licensed under this chapter
or Chapter 1603. The barber school in which the permit holder is
enrolled may not receive compensation for services performed under
this subsection.
SECTION 3. Section 1601.261, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) This section applies only to a person who holds a permit
under this section issued to the person before September 1, 2013.
SECTION 4. Section 1601.301, Occupations Code, is amended
to read as follows:
Sec. 1601.301. PERMIT REQUIRED. (a) A person may not own,
operate, or manage a barbershop, dual shop, or specialty shop
unless the person holds the appropriate permit.
(b) Not later than the third day after the date the shop
opens, a person who owns, operates, or manages a barbershop, dual
shop, or specialty shop must submit an application to the
department for an appropriate permit for each shop, accompanied by
a fee set by commission rule.
(c) A person who owns, operates, or manages a barbershop,
dual shop, or specialty shop may employ a person holding a student
permit under Section 1601.260 to shampoo or condition a person's
hair.
SECTION 5. Section 1601.353, Occupations Code, is amended
to read as follows:
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. The
department may approve an application for a permit for a barber
school if the school:
(1) is located in:
(A) a municipality with a population of more than
50,000 that has a building of permanent construction containing at
least 2,000 square feet of floor space, including classroom and
practical areas, covered in a hard-surface floor-covering of tile
or other suitable material; or
(B) a municipality with a population of 50,000 or
less or an unincorporated area of a county that has a building of
permanent construction containing at least 1,000 square feet of
floor space, including classroom and practical areas, covered in a
hard-surface floor-covering of tile or other suitable material;
(2) has the following equipment:
(A) at least 10 student workstations that include
a chair that reclines, a back bar, and a wall mirror;
(B) a sink behind every two workstations;
(C) [a liquid sterilizer for each workstation;
[(D)] adequate lighting for each room;
(D) [(E)] at least 10 classroom chairs and other
materials necessary to teach the required subjects; and
(E) [(F)] access to permanent restrooms and
adequate drinking fountain facilities; and
(3) meets any other requirement set by the commission.
SECTION 6. Subchapter J, Chapter 1601, Occupations Code, is
amended by adding Section 1601.455 to read as follows:
Sec. 1601.455. SERVICE AT UNLICENSED LOCATION. (a) In
this section, "licensed facility" means the premises of a place of
business that holds a license, certificate, or permit under this
chapter or Chapter 1603.
(b) A person holding a license, certificate, or permit under
this chapter may perform a service within the scope of the license,
certificate, or permit at a location other than a licensed facility
for a client who, because of illness or physical or mental
incapacitation, is unable to receive the services at a licensed
facility.
(c) An appointment for a service performed under this
section must be made through a licensed facility.
SECTION 7. Section 1602.001, Occupations Code, is amended
by adding Subdivision (3-a) to read as follows:
(3-a) "Dual shop" means a shop owned, operated, or
managed by a person holding a dual barber and beauty shop license
issued under Chapter 1603.
SECTION 8. Subsection (a), Section 1602.002, 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) weaving a person's hair.
SECTION 9. Section 1602.051, Occupations Code, is amended
to read as follows:
Sec. 1602.051. BOARD; MEMBERSHIP. (a) The Advisory Board
on Cosmetology consists of nine [seven] members appointed by the
presiding officer of the commission, with the commission's
approval, as follows:
(1) one member who holds a license for a beauty shop
that is part of a chain of beauty shops;
(2) one member who holds a license for a beauty shop
that is not part of a chain of beauty shops;
(3) one member who holds a private beauty culture
school license;
(4) two members who each hold an operator license;
(5) one member who represents a licensed public
secondary or postsecondary beauty culture school; [and]
(6) one member who represents a licensed public
secondary beauty culture school; and
(7) two [one] public members [member].
(b) The associate commissioner [for occupational education
and technology] of the Texas Education Agency responsible for
career and technical education or the associate commissioner's
authorized representative shall serve as an ex officio member of
the commission without voting privileges.
SECTION 10. Subsection (c), Section 1602.251, Occupations
Code, is amended to read as follows:
(c) A person licensed by the department may practice
cosmetology only at a facility operated by a person holding a beauty
shop license, specialty shop license, private beauty culture school
license, or other license issued by the department.
SECTION 11. Section 1602.258, Occupations Code, is amended
to read as follows:
Sec. 1602.258. ELIGIBILITY FOR A HAIR BRAIDING SPECIALTY
CERTIFICATE. (a) A person holding a hair braiding specialty
certificate may perform only the practice of cosmetology defined in
Section 1602.002(a)(2) [Sections 1602.002(a)(2) through (4)].
(b) To be eligible for a hair braiding specialty
certificate, an applicant must:
(1) be at least 17 years of age; and
(2) have the necessary requisites as determined by the
department in the particular specialty for which certification is
sought, including training through a commission-approved training
program.
SECTION 12. Subchapter F, Chapter 1602, Occupations Code,
is amended by adding Sections 1602.259 and 1602.260 to read as
follows:
Sec. 1602.259. ELIGIBILITY FOR A HAIR WEAVING SPECIALTY
CERTIFICATE. (a) A person holding a hair weaving specialty
certificate may perform only the practice of cosmetology defined in
Sections 1602.002(a)(2), (3), and (13).
(b) To be eligible for a hair weaving specialty certificate,
an applicant must:
(1) be at least 17 years of age; and
(2) have the necessary requisites as determined by the
department in the particular specialty for which certification is
sought, including training through a commission-approved training
program.
Sec. 1602.260. ELIGIBILITY FOR A WIG SPECIALTY CERTIFICATE.
(a) A person holding a wig specialty certificate may perform only
the practice of cosmetology defined in Section 1602.002(a)(4).
(b) To be eligible for a wig specialty certificate, an
applicant must:
(1) be at least 17 years of age; and
(2) have the necessary requisites as determined by the
department in the particular specialty for which certification is
sought, including training through a commission-approved training
program.
SECTION 13. Section 1602.266, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) A person holding a student permit may shampoo or
condition a person's hair in a facility licensed under this chapter
or Chapter 1603.
SECTION 14. Section 1602.267, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) This section applies only to a person who holds a permit
under this section issued to the person before September 1, 2013.
SECTION 15. Section 1602.301, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person may not operate a vocational cosmetology
program in a public school or lease space on the premises of a
beauty shop, specialty shop, or dual shop to engage in the practice
of cosmetology as an independent contractor unless the person holds
a license issued under this chapter.
(c) A person who owns, operates, or manages a beauty shop,
specialty shop, or dual shop may employ a person holding a student
permit under Section 1602.266 to shampoo or condition a person's
hair.
SECTION 16. Subsection (a), Section 1602.354, Occupations
Code, is amended to read as follows:
(a) The commission will by rule recognize, prepare, or
administer continuing education programs for the practice of
cosmetology. Participation in the programs is mandatory for all
license renewals other than renewal of a shampoo specialty
certificate.
SECTION 17. Subsection (c), Section 1602.403, Occupations
Code, is amended to read as follows:
(c) A person holding a beauty shop license or specialty shop
license may not employ:
(1) a person as an operator or specialist or lease to a
person who acts as an operator or specialist unless the person holds
a license or certificate under this chapter or under Chapter 1601;
or
(2) a person to shampoo or condition a person's hair
unless the person holds a shampoo apprentice permit or student
permit.
SECTION 18. Subchapter I, Chapter 1602, Occupations Code,
is amended by adding Section 1602.407 to read as follows:
Sec. 1602.407. SERVICE AT UNLICENSED LOCATION. (a) In
this section, "licensed facility" means the premises of a place of
business that holds a license, certificate, or permit under this
chapter or Chapter 1603.
(b) A person holding a license, certificate, or permit under
this chapter may perform a service within the scope of the license,
certificate, or permit at a location other than a licensed facility
for a client who, because of illness or physical or mental
incapacitation, is unable to receive the services at a licensed
facility.
(c) An appointment for a service performed under this
section must be made through a licensed facility.
SECTION 19. Subsection (a), Section 1602.451, Occupations
Code, is amended to read as follows:
(a) The holder of a private beauty culture school license
shall:
(1) maintain a sanitary establishment;
(2) maintain on duty one [full-time] licensed
instructor for each 25 students in attendance;
(3) maintain a daily record of students' attendance;
(4) establish regular class and instruction hours and
grades;
(5) require a school term of not less than nine months
and not less than 1,500 hours instruction for a complete course in
cosmetology;
(6) require a school term of not less than 600 hours
instruction for a complete course in manicuring;
(7) hold examinations before issuing diplomas;
(8) maintain a copy of the school's curriculum in a
conspicuous place and verify that the curriculum is being followed;
(9) publish in the school's catalogue and enrollment
contract a description of the refund policy required under Section
1602.458; and
(10) provide the department with information on:
(A) the current course completion rates of
students who attend a course of instruction offered by the school;
and
(B) job placement rates and employment rates of
students who complete the course of instruction.
SECTION 20. Section 1602.456, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) A private beauty culture school or public school in
which a student permit holder is enrolled may not receive
compensation for services performed under Section 1602.266(c).
SECTION 21. Subchapter E, Chapter 1603, Occupations Code,
is amended by adding Section 1603.207 to read as follows:
Sec. 1603.207. MINI-SALONS AND MINI-BARBERSHOPS. (a) In
this section, "mini-salon or mini-barbershop" includes a room or
suite of rooms that is one of a number of connected establishments
in a single premises that open onto a common hallway or another
configuration of operations as determined by commission rule in
which a person practices barbering or cosmetology under a license,
certificate, or permit issued under this chapter, Chapter 1601, or
Chapter 1602.
(b) The commission may adopt rules for the:
(1) licensing, permitting, operation, inspection, and
reporting requirements of a mini-salon or mini-barbershop;
(2) fees required to issue or renew a license or permit
for or to inspect a mini-salon or mini-barbershop; and
(3) sanitation standards required for a mini-salon or
mini-barbershop.
(c) A mini-salon or mini-barbershop licensed, certified, or
permitted under this section must meet the requirements of a
barbershop, beauty shop, dual shop, or specialty shop licensed,
certified, or permitted under this chapter, Chapter 1601, or
Chapter 1602.
SECTION 22. Subsection (c), Section 1603.256, Occupations
Code, is amended to read as follows:
(c) The following persons may administer a practical
examination required under this subchapter:
(1) the department; or
(2) a person with whom the department contracts under
Section 1603.252[; or
[(3) an examination proctor].
SECTION 23. Section 1603.351, Occupations Code, is amended
to read as follows:
Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
EDUCATION. (a) The commission shall prescribe the minimum
curriculum, including the subjects and the number of hours in each
subject, taught by a school licensed under this chapter, Chapter
1601, or Chapter 1602[, including a private beauty culture school
or a vocational cosmetology program in a public school].
(b) The commission may adopt rules allowing distance
education only for the theory portion of the curriculum taught by a
school licensed under this chapter, Chapter 1601, or Chapter 1602.
(c) Distance education does not satisfy the requirements of
the practical portion of the curriculum taught by a school licensed
under this chapter, Chapter 1601, or Chapter 1602.
SECTION 24. The following sections of the Occupations Code
are repealed:
(1) Subsections (b) and (e), Section 1601.261;
(2) Subsections (b) and (e), Section 1602.267;
(3) Section 1603.153;
(4) Section 1603.251; and
(5) Section 1603.257.
SECTION 25. (a) A person holding a shampoo specialty
certificate under Section 1602.258, Occupations Code, on the
effective date of this Act may continue to provide services under
and renew the certificate as provided by Chapter 1602, Occupations
Code.
(b) The Texas Department of Licensing and Regulation may not
issue an original shampoo specialty certificate on or after
September 1, 2013.
(c) A person holding a shampoo apprentice permit under
Section 1601.261 or 1602.267, Occupations Code, on the effective
date of this Act may continue to provide services under the permit
as provided by Chapter 1601 or 1602, Occupations Code, as
appropriate.
(d) The Texas Department of Licensing and Regulation may not
issue an original shampoo apprentice permit on or after September
1, 2013.
SECTION 26. Not later than May 1, 2014, the Texas Commission
of Licensing and Regulation shall adopt rules to implement Section
1603.207, Occupations Code, as added by this Act, and Section
1603.351, Occupations Code, as amended by this Act.
SECTION 27. This Act takes effect September 1, 2013.