Texas 2015 - 84th Regular

Texas House Bill HB2314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11793 MAW-F
2	2	By: White of Tyler H.B. No. 2314
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the regulation of hair braiding.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1601.002, Occupations Code, is amended
10	10	to read as follows:
11	11	Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
12	12	"barbering," "practicing barbering," or the "practice of
13	13	barbering" means:
14	14	(1) performing or offering or attempting to perform
15	15	for compensation or the promise of compensation any of the
16	16	following services:
17	17	(A) treating a person's mustache or beard by
18	18	arranging, beautifying, coloring, processing, shaving, styling, or
19	19	trimming;
20	20	(B) treating a person's hair by:
21	21	(i) arranging, beautifying, bleaching,
22	22	cleansing, coloring, curling, dressing, dyeing, processing,
23	23	shampooing, shaping, singeing, straightening, styling, tinting, or
24	24	waving;
25	25	(ii) providing a necessary service that is
26	26	preparatory or ancillary to a service under Subparagraph (i),
27	27	including bobbing, clipping, cutting, or trimming; or
28	28	(iii) cutting the person's hair as a
29	29	separate and independent service for which a charge is directly or
30	30	indirectly made separately from a charge for any other service;
31	31	(C) cleansing, stimulating, or massaging a
32	32	person's scalp, face, neck, arms, or shoulders:
33	33	(i) by hand or by using a device, apparatus,
34	34	or appliance; and
35	35	(ii) with or without the use of any cosmetic
36	36	preparation, antiseptic, tonic, lotion, or cream;
37	37	(D) beautifying a person's face, neck, arms, or
38	38	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
39	39	powder, oil, clay, cream, or appliance;
40	40	(E) treating a person's nails by:
41	41	(i) cutting, trimming, polishing, tinting,
42	42	coloring, cleansing, manicuring, or pedicuring; or
43	43	(ii) attaching false nails;
44	44	(F) massaging, cleansing, treating, or
45	45	beautifying a person's hands;
46	46	(G) administering facial treatments;
47	47	(H) weaving a person's hair by using any method
48	48	to attach commercial hair to a person's hair or scalp;
49	49	(I) shampooing or conditioning a person's hair;
50	50	or
51	51	(J) servicing in any manner listed in Paragraph
52	52	(B) a person's wig, toupee, or artificial hairpiece on a person's
53	53	head or on a block after the initial retail sale; [or
54	54	[(K) braiding a person's hair, trimming hair
55	55	extensions only as applicable to the braiding process, and
56	56	attaching commercial hair only by braiding and without the use of
57	57	chemicals or adhesives;]
58	58	(2) advertising or representing to the public in any
59	59	manner that a person is a barber or is authorized to practice
60	60	barbering; or
61	61	(3) advertising or representing to the public in any
62	62	manner that a location or place of business is a barbershop,
63	63	specialty shop, or barber school.
64	64	SECTION 2. Section 1601.254(c), Occupations Code, is
65	65	amended to read as follows:
66	66	(c) The commission shall adopt rules for the licensing of
67	67	specialty instructors to teach specialty courses in the practice of
68	68	barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)].
69	69	SECTION 3. Section 1601.304(a), Occupations Code, is
70	70	amended to read as follows:
71	71	(a) A person who holds a specialty shop permit may maintain
72	72	an establishment in which only barbering as defined by Section
73	73	1601.002(1)(E), (F), or (H)[, or (K)] is performed.
74	74	SECTION 4. Section 1602.002(a), Occupations Code, is
75	75	amended to read as follows:
76	76	(a) In this chapter, "cosmetology" means the practice of
77	77	performing or offering to perform for compensation any of the
78	78	following services:
79	79	(1) treating a person's hair by:
80	80	(A) providing any method of treatment as a
81	81	primary service, including arranging, beautifying, bleaching,
82	82	cleansing, coloring, cutting, dressing, dyeing, processing,
83	83	shampooing, shaping, singeing, straightening, styling, tinting, or
84	84	waving;
85	85	(B) providing a necessary service that is
86	86	preparatory or ancillary to a service under Paragraph (A),
87	87	including bobbing, clipping, cutting, or trimming a person's hair
88	88	or shaving a person's neck with a safety razor; or
89	89	(C) cutting the person's hair as a separate and
90	90	independent service for which a charge is directly or indirectly
91	91	made separately from charges for any other service;
92	92	(2) [braiding a person's hair;
93	93	[(3)] shampooing and conditioning a person's hair;
94	94	(3) [(4)] servicing a person's wig or artificial
95	95	hairpiece on a person's head or on a block after the initial retail
96	96	sale and servicing in any manner listed in Subdivision (1);
97	97	(4) [(5)] treating a person's mustache or beard by
98	98	arranging, beautifying, coloring, processing, styling, trimming,
99	99	or shaving with a safety razor;
100	100	(5) [(6)] cleansing, stimulating, or massaging a
101	101	person's scalp, face, neck, or arms:
102	102	(A) by hand or by using a device, apparatus, or
103	103	appliance; and
104	104	(B) with or without the use of any cosmetic
105	105	preparation, antiseptic, tonic, lotion, or cream;
106	106	(6) [(7)] beautifying a person's face, neck, or arms
107	107	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
108	108	oil, clay, cream, or appliance;
109	109	(7) [(8)] administering facial treatments;
110	110	(8) [(9)] removing superfluous hair from a person's
111	111	body using depilatories, preparations, or tweezing techniques;
112	112	(9) [(10)] treating a person's nails by:
113	113	(A) cutting, trimming, polishing, tinting,
114	114	coloring, cleansing, or manicuring; or
115	115	(B) attaching false nails;
116	116	(10) [(11)] massaging, cleansing, treating, or
117	117	beautifying a person's hands or feet;
118	118	(11) [(12)] applying semipermanent, thread-like
119	119	extensions composed of single fibers to a person's eyelashes; or
120	120	(12) [(13)] weaving a person's hair.
121	121	SECTION 5. Section 1602.255(c), Occupations Code, is
122	122	amended to read as follows:
123	123	(c) The commission shall adopt rules for the licensing of
124	124	specialty instructors to teach specialty courses in the practice of
125	125	cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11)
126	126	[1602.002(a)(7), (9), (10), and (12)].
127	127	SECTION 6. Section 1602.256(a), Occupations Code, is
128	128	amended to read as follows:
129	129	(a) A person holding a manicurist specialty license may
130	130	perform only the practice of cosmetology defined in Section
131	131	1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
132	132	SECTION 7. Section 1602.257(a), Occupations Code, is
133	133	amended to read as follows:
134	134	(a) A person holding an esthetician specialty license may
135	135	perform only the practice of cosmetology defined in Sections
136	136	1602.002(a)(5), (6), (7), (8), and (11) [1602.002(a)(6), (7), (8),
137	137	(9), and (12)].
138	138	SECTION 8. Section 1602.2571(a), Occupations Code, is
139	139	amended to read as follows:
140	140	(a) A person holding a specialty license in eyelash
141	141	extension application may perform only the practice of cosmetology
142	142	defined in Section 1602.002(a)(11) [1602.002(a)(12)].
143	143	SECTION 9. Section 1602.259(a), Occupations Code, is
144	144	amended to read as follows:
145	145	(a) A person holding a hair weaving specialty certificate
146	146	may perform only the practice of cosmetology defined in Sections
147	147	1602.002(a)(2)[, (3),] and (12) [(13)].
148	148	SECTION 10. Section 1602.260(a), Occupations Code, is
149	149	amended to read as follows:
150	150	(a) A person holding a wig specialty certificate may perform
151	151	only the practice of cosmetology defined in Section 1602.002(a)(3)
152	152	[1602.002(a)(4)].
153	153	SECTION 11. Section 1602.261(a), Occupations Code, is
154	154	amended to read as follows:
155	155	(a) A person holding a manicurist/esthetician specialty
156	156	license may perform only the practice of cosmetology defined in
157	157	Sections 1602.002(a)(5) through (10) [1602.002(a)(6) through
158	158	(11)].
159	159	SECTION 12. Section 1602.267(a), Occupations Code, is
160	160	amended to read as follows:
161	161	(a) A person holding a shampoo apprentice permit may perform
162	162	only the practice of cosmetology defined by Section 1602.002(a)(2)
163	163	[1602.002(3)].
164	164	SECTION 13. Section 1602.305(a), Occupations Code, is
165	165	amended to read as follows:
166	166	(a) A person holding a specialty shop license may maintain
167	167	an establishment in which only the practice of cosmetology as
168	168	defined in Section 1602.002(a)(3), (6), (8) [1602.002(a)(2), (4),
169	169	(7)], (9), [(10),] or (11) [(12)] is performed.
170	170	SECTION 14. Section 1603.352(a), Occupations Code, is
171	171	amended to read as follows:
172	172	(a) A person who holds a license, certificate, or permit
173	173	issued under this chapter, Chapter 1601, or Chapter 1602 and who
174	174	performs a barbering service described by Section 1601.002(1)(E) or
175	175	(F) or a cosmetology service described by Section 1602.002(a)(9) or
176	176	(10) [1602.002(a)(10) or (11)] shall, before performing the
177	177	service, clean, disinfect, and sterilize with an autoclave or dry
178	178	heat sterilizer or sanitize with an ultraviolet sanitizer, in
179	179	accordance with the sterilizer or sanitizer manufacturer's
180	180	instructions, each metal instrument, including metal nail
181	181	clippers, cuticle pushers, cuticle nippers, and other metal
182	182	instruments, used to perform the service.
183	183	SECTION 15. Sections 1601.259 and 1602.258, Occupations
184	184	Code, are repealed.
185	185	SECTION 16. (a) On the effective date of this Act:
186	186	(1) a disciplinary proceeding pending before the Texas
187	187	Department of Licensing and Regulation relating to an allegation
188	188	against a person for practicing, without the appropriate
189	189	certificate, barbering as defined by Section 1601.002(1)(K),
190	190	Occupations Code, or cosmetology as defined by Section
191	191	1602.002(a)(2), Occupations Code, as those sections existed
192	192	immediately before the effective date of this Act, is dismissed;
193	193	and
194	194	(2) a hair braiding specialty certificate issued under
195	195	former Section 1601.259 or 1602.258, Occupations Code, expires.
196	196	(b) As soon as practicable after the effective date of this
197	197	Act, the Texas Department of Licensing and Regulation shall issue a
198	198	prorated refund of any fees paid by a holder of a hair braiding
199	199	specialty certificate under former Section 1601.259 or 1602.258,
200	200	Occupations Code, that was scheduled to expire after the effective
201	201	date of this Act.
202	202	(c) As soon as practicable after the effective date of this
203	203	Act, the Texas Commission of Licensing and Regulation shall repeal
204	204	all rules regarding the regulation of hair braiding and the
205	205	teaching of hair braiding.
206	206	SECTION 17. This Act takes effect September 1, 2015.