H.B. No. 2717
AN ACT
relating to the deregulation of hair braiding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1601.002, Occupations Code, is amended
to read as follows:
Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
"barbering," "practicing barbering," or the "practice of
barbering" means:
(1) performing or offering or attempting to perform
for compensation or the promise of compensation any of the
following services:
(A) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, shaving, styling, or
trimming;
(B) treating a person's hair by:
(i) arranging, beautifying, bleaching,
cleansing, coloring, curling, dressing, dyeing, processing,
shampooing, shaping, singeing, straightening, styling, tinting, or
waving;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) cutting the person's hair as a
separate and independent service for which a charge is directly or
indirectly made separately from a charge for any other service;
(C) cleansing, stimulating, or massaging a
person's scalp, face, neck, arms, or shoulders:
(i) by hand or by using a device, apparatus,
or appliance; and
(ii) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(D) beautifying a person's face, neck, arms, or
shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
powder, oil, clay, cream, or appliance;
(E) treating a person's nails by:
(i) cutting, trimming, polishing, tinting,
coloring, cleansing, manicuring, or pedicuring; or
(ii) attaching false nails;
(F) massaging, cleansing, treating, or
beautifying a person's hands;
(G) administering facial treatments;
(H) weaving a person's hair by using any method
to attach commercial hair to a person's hair or scalp;
(I) shampooing or conditioning a person's hair;
or
(J) servicing in any manner listed in Paragraph
(B) a person's wig, toupee, or artificial hairpiece on a person's
head or on a block after the initial retail sale; [or
[(K) braiding a person's hair, trimming hair
extensions only as applicable to the braiding process, and
attaching commercial hair only by braiding and without the use of
chemicals or adhesives;]
(2) advertising or representing to the public in any
manner that a person is a barber or is authorized to practice
barbering; or
(3) advertising or representing to the public in any
manner that a location or place of business is a barbershop,
specialty shop, or barber school.
SECTION 2. Section 1601.003, Occupations Code, is amended
to read as follows:
Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does
not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department to practice barbering; and
(2) is:
(A) a physician or registered nurse licensed in
this state and operating within the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces;
(C) a person regulated under Chapter 1602, if the
person practices within the scope of a permit, license, or
certificate issued by the department under that chapter; [or]
(D) an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering
during the person's incarceration; or
(E) a person who performs only natural hair
braiding, including braiding a person's hair, trimming hair
extensions only as applicable to the braiding process, and
attaching commercial hair by braiding and without the use of
chemicals or adhesives.
SECTION 3. Section 1601.254(c), Occupations Code, is
amended to read as follows:
(c) The commission shall adopt rules for the licensing of
specialty instructors to teach specialty courses in the practice of
barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)].
SECTION 4. Section 1601.265(a), Occupations Code, is
amended to read as follows:
(a) The department shall issue a license or certificate to
an applicant for a license or certificate issued under Section
1601.253, 1601.256, or 1601.258[, or 1601.259] if the applicant:
(1) submits an application on a form prescribed by the
department;
(2) pays the application fee; and
(3) provides proof that the applicant holds a current
license to engage in the same or a similar activity issued by
another jurisdiction that has license requirements substantially
equivalent to those of this state.
SECTION 5. Section 1601.304(a), Occupations Code, is
amended to read as follows:
(a) A person who holds a specialty shop permit may maintain
an establishment in which only barbering as defined by Section
1601.002(1)(E), (F), or (H)[, or (K)] is performed.
SECTION 6. 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 a person's hair
or shaving a person's neck with a safety razor; 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) [braiding a person's hair;
[(3)] shampooing and conditioning a person's hair;
(3) [(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);
(4) [(5)] treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, trimming,
or shaving with a safety razor;
(5) [(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;
(6) [(7)] beautifying a person's face, neck, or arms
using a cosmetic preparation, antiseptic, tonic, lotion, powder,
oil, clay, cream, or appliance;
(7) [(8)] administering facial treatments;
(8) [(9)] removing superfluous hair from a person's
body using depilatories, preparations, or tweezing techniques;
(9) [(10)] treating a person's nails by:
(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(B) attaching false nails;
(10) [(11)] massaging, cleansing, treating, or
beautifying a person's hands or feet;
(11) [(12)] applying semipermanent, thread-like
extensions composed of single fibers to a person's eyelashes; or
(12) [(13)] weaving a person's hair.
SECTION 7. Section 1602.003(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to a person who:
(1) provides a service in an emergency;
(2) is licensed in this state to practice medicine,
dentistry, podiatry, chiropractic, or nursing and is operating
within the scope of the person's license;
(3) is in the business of or receives compensation for
makeup applications only;
(4) acts as a barber under Chapter 1601, if the person
does not hold the person out as a cosmetologist;
(5) provides a cosmetic service as a volunteer or an
employee performing regular duties at a licensed nursing or
convalescent custodial or personal care home to a patient residing
in the home;
(6) owns, operates, or manages a licensed nursing or
convalescent custodial or personal care home that allows a person
with an operator license to perform cosmetic services for patients
residing in the home on an occasional but not daily basis; [or]
(7) provides an incidental cosmetic service, or owns,
operates, or manages the location where that service is provided,
if the primary purpose of the service is to enable or assist the
recipient of the service to participate as the subject of:
(A) a photographic sitting at a fashion
photography studio;
(B) a television appearance; or
(C) the filming of a motion picture; or
(8) performs only natural hair braiding, including
braiding a person's hair, trimming hair extensions only as
applicable to the braiding process, and attaching commercial hair
by braiding and without the use of chemicals or adhesives.
SECTION 8. Section 1602.255(c), Occupations Code, is
amended 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)(6), (8), (9), and (11)
[1602.002(a)(7), (9), (10), and (12)].
SECTION 9. Section 1602.256(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist specialty license may
perform only the practice of cosmetology defined in Section
1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
SECTION 10. Section 1602.257(a), Occupations Code, is
amended to read as follows:
(a) A person holding an esthetician specialty license may
perform only the practice of cosmetology defined in Sections
1602.002(a)(5), (6) [1602.002(a)(6)], (7), (8), [(9),] and (11)
[(12)].
SECTION 11. Section 1602.2571(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty license in eyelash
extension application may perform only the practice of cosmetology
defined in Section 1602.002(a)(11) [1602.002(a)(12)].
SECTION 12. Section 1602.259(a), Occupations Code, is
amended to read as follows:
(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 (12) [(13)].
SECTION 13. Section 1602.260(a), Occupations Code, is
amended to read as follows:
(a) A person holding a wig specialty certificate may perform
only the practice of cosmetology defined in Section 1602.002(a)(3)
[1602.002(a)(4)].
SECTION 14. Section 1602.261(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist/esthetician specialty
license may perform only the practice of cosmetology defined in
Sections 1602.002(a)(5) [1602.002(a)(6)] through (10) [(11)].
SECTION 15. Section 1602.267(a), Occupations Code, is
amended to read as follows:
(a) A person holding a shampoo apprentice permit may perform
only the practice of cosmetology defined by Section 1602.002(a)(2)
[1602.002(3)].
SECTION 16. 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)(3), (6), (8), (9), or (11)
[1602.002(a)(2), (4), (7), (9), (10), or (12)] is performed.
SECTION 17. Section 1603.352(a), Occupations Code, is
amended to read as follows:
(a) A person who holds a license, certificate, or permit
issued under this chapter, Chapter 1601, or Chapter 1602 and who
performs a barbering service described by Section 1601.002(1)(E) or
(F) or a cosmetology service described by Section 1602.002(a)(9) or
(10) [1602.002(a)(10) or (11)] shall, before performing the
service, clean, disinfect, and sterilize with an autoclave or dry
heat sterilizer or sanitize with an ultraviolet sanitizer, in
accordance with the sterilizer or sanitizer manufacturer's
instructions, each metal instrument, including metal nail
clippers, cuticle pushers, cuticle nippers, and other metal
instruments, used to perform the service.
SECTION 18. Sections 1601.259 and 1602.258, Occupations
Code, are repealed.
SECTION 19. (a) The Texas Department of Licensing and
Regulation shall issue a refund of fees to a person holding a barber
or cosmetology hair braiding specialty certificate, hair braiding
instructor license, or hair braiding specialty shop license
immediately before the effective date of this Act.
(b) The Texas Department of Licensing and Regulation shall
prorate fees on a monthly basis so that each license or certificate
holder described by Subsection (a) of this section receives a
refund for the amount of the fee that is allocable to the number of
months from the month in which this Act takes effect until the month
in which the license or certificate was scheduled to expire.
SECTION 20. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2717 was passed by the House on April
23, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2717 was passed by the Senate on May
20, 2015, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor