Texas 2015 - 84th Regular

Texas House Bill HB2717 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goldman, et al. (Senate Sponsor - West) H.B. No. 2717
2		-	(In the Senate - Received from the House April 27, 2015;
3		-	April 28, 2015, read first time and referred to Committee on
4		-	Business and Commerce; May 15, 2015, reported favorably by the
5		-	following vote: Yeas 7, Nays 0; May 15, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2717
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the deregulation of hair braiding.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Section 1601.002, Occupations Code, is amended
14	8		to read as follows:
15	9		Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
16	10		"barbering," "practicing barbering," or the "practice of
17	11		barbering" means:
18	12		(1) performing or offering or attempting to perform
19	13		for compensation or the promise of compensation any of the
20	14		following services:
21	15		(A) treating a person's mustache or beard by
22	16		arranging, beautifying, coloring, processing, shaving, styling, or
23	17		trimming;
24	18		(B) treating a person's hair by:
25	19		(i) arranging, beautifying, bleaching,
26	20		cleansing, coloring, curling, dressing, dyeing, processing,
27	21		shampooing, shaping, singeing, straightening, styling, tinting, or
28	22		waving;
29	23		(ii) providing a necessary service that is
30	24		preparatory or ancillary to a service under Subparagraph (i),
31	25		including bobbing, clipping, cutting, or trimming; or
32	26		(iii) cutting the person's hair as a
33	27		separate and independent service for which a charge is directly or
34	28		indirectly made separately from a charge for any other service;
35	29		(C) cleansing, stimulating, or massaging a
36	30		person's scalp, face, neck, arms, or shoulders:
37	31		(i) by hand or by using a device, apparatus,
38	32		or appliance; and
39	33		(ii) with or without the use of any cosmetic
40	34		preparation, antiseptic, tonic, lotion, or cream;
41	35		(D) beautifying a person's face, neck, arms, or
42	36		shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
43	37		powder, oil, clay, cream, or appliance;
44	38		(E) treating a person's nails by:
45	39		(i) cutting, trimming, polishing, tinting,
46	40		coloring, cleansing, manicuring, or pedicuring; or
47	41		(ii) attaching false nails;
48	42		(F) massaging, cleansing, treating, or
49	43		beautifying a person's hands;
50	44		(G) administering facial treatments;
51	45		(H) weaving a person's hair by using any method
52	46		to attach commercial hair to a person's hair or scalp;
53	47		(I) shampooing or conditioning a person's hair;
54	48		or
55	49		(J) servicing in any manner listed in Paragraph
56	50		(B) a person's wig, toupee, or artificial hairpiece on a person's
57	51		head or on a block after the initial retail sale; [or
58	52		[(K) braiding a person's hair, trimming hair
59	53		extensions only as applicable to the braiding process, and
60	54		attaching commercial hair only by braiding and without the use of
61	55		chemicals or adhesives;]
62	56		(2) advertising or representing to the public in any
63	57		manner that a person is a barber or is authorized to practice
64	58		barbering; or
65	59		(3) advertising or representing to the public in any
66	60		manner that a location or place of business is a barbershop,
67	61		specialty shop, or barber school.
68	62		SECTION 2. Section 1601.003, Occupations Code, is amended
69	63		to read as follows:
70	64		Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does
71	65		not apply to a person who:
72	66		(1) does not represent or advertise to the public
73	67		directly or indirectly that the person is authorized by the
74	68		department to practice barbering; and
75	69		(2) is:
76	70		(A) a physician or registered nurse licensed in
77	71		this state and operating within the scope of the person's license;
78	72		(B) a commissioned or authorized medical or
79	73		surgical officer of the United States armed forces;
80	74		(C) a person regulated under Chapter 1602, if the
81	75		person practices within the scope of a permit, license, or
82	76		certificate issued by the department under that chapter; [or]
83	77		(D) an inmate in the institutional division of
84	78		the Texas Department of Criminal Justice who performs barbering
85	79		during the person's incarceration; or
86	80		(E) a person who performs only natural hair
87	81		braiding, including braiding a person's hair, trimming hair
88	82		extensions only as applicable to the braiding process, and
89	83		attaching commercial hair by braiding and without the use of
90	84		chemicals or adhesives.
91	85		SECTION 3. Section 1601.254(c), Occupations Code, is
92	86		amended to read as follows:
93	87		(c) The commission shall adopt rules for the licensing of
94	88		specialty instructors to teach specialty courses in the practice of
95	89		barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)].
96	90		SECTION 4. Section 1601.265(a), Occupations Code, is
97	91		amended to read as follows:
98	92		(a) The department shall issue a license or certificate to
99	93		an applicant for a license or certificate issued under Section
100	94		1601.253, 1601.256, or 1601.258[, or 1601.259] if the applicant:
101	95		(1) submits an application on a form prescribed by the
102	96		department;
103	97		(2) pays the application fee; and
104	98		(3) provides proof that the applicant holds a current
105	99		license to engage in the same or a similar activity issued by
106	100		another jurisdiction that has license requirements substantially
107	101		equivalent to those of this state.
108	102		SECTION 5. Section 1601.304(a), Occupations Code, is
109	103		amended to read as follows:
110	104		(a) A person who holds a specialty shop permit may maintain
111	105		an establishment in which only barbering as defined by Section
112	106		1601.002(1)(E), (F), or (H)[, or (K)] is performed.
113	107		SECTION 6. Section 1602.002(a), Occupations Code, is
114	108		amended to read as follows:
115	109		(a) In this chapter, "cosmetology" means the practice of
116	110		performing or offering to perform for compensation any of the
117	111		following services:
118	112		(1) treating a person's hair by:
119	113		(A) providing any method of treatment as a
120	114		primary service, including arranging, beautifying, bleaching,
121	115		cleansing, coloring, cutting, dressing, dyeing, processing,
122	116		shampooing, shaping, singeing, straightening, styling, tinting, or
123	117		waving;
124	118		(B) providing a necessary service that is
125	119		preparatory or ancillary to a service under Paragraph (A),
126	120		including bobbing, clipping, cutting, or trimming a person's hair
127	121		or shaving a person's neck with a safety razor; or
128	122		(C) cutting the person's hair as a separate and
129	123		independent service for which a charge is directly or indirectly
130	124		made separately from charges for any other service;
131	125		(2) [braiding a person's hair;
132	126		[(3)] shampooing and conditioning a person's hair;
133	127		(3) [(4)] servicing a person's wig or artificial
134	128		hairpiece on a person's head or on a block after the initial retail
135	129		sale and servicing in any manner listed in Subdivision (1);
136	130		(4) [(5)] treating a person's mustache or beard by
137	131		arranging, beautifying, coloring, processing, styling, trimming,
138	132		or shaving with a safety razor;
139	133		(5) [(6)] cleansing, stimulating, or massaging a
140	134		person's scalp, face, neck, or arms:
141	135		(A) by hand or by using a device, apparatus, or
142	136		appliance; and
143	137		(B) with or without the use of any cosmetic
144	138		preparation, antiseptic, tonic, lotion, or cream;
145	139		(6) [(7)] beautifying a person's face, neck, or arms
146	140		using a cosmetic preparation, antiseptic, tonic, lotion, powder,
147	141		oil, clay, cream, or appliance;
148	142		(7) [(8)] administering facial treatments;
149	143		(8) [(9)] removing superfluous hair from a person's
150	144		body using depilatories, preparations, or tweezing techniques;
151	145		(9) [(10)] treating a person's nails by:
152	146		(A) cutting, trimming, polishing, tinting,
153	147		coloring, cleansing, or manicuring; or
154	148		(B) attaching false nails;
155	149		(10) [(11)] massaging, cleansing, treating, or
156	150		beautifying a person's hands or feet;
157	151		(11) [(12)] applying semipermanent, thread-like
158	152		extensions composed of single fibers to a person's eyelashes; or
159	153		(12) [(13)] weaving a person's hair.
160	154		SECTION 7. Section 1602.003(b), Occupations Code, is
161	155		amended to read as follows:
162	156		(b) This chapter does not apply to a person who:
163	157		(1) provides a service in an emergency;
164	158		(2) is licensed in this state to practice medicine,
165	159		dentistry, podiatry, chiropractic, or nursing and is operating
166	160		within the scope of the person's license;
167	161		(3) is in the business of or receives compensation for
168	162		makeup applications only;
169	163		(4) acts as a barber under Chapter 1601, if the person
170	164		does not hold the person out as a cosmetologist;
171	165		(5) provides a cosmetic service as a volunteer or an
172	166		employee performing regular duties at a licensed nursing or
173	167		convalescent custodial or personal care home to a patient residing
174	168		in the home;
175	169		(6) owns, operates, or manages a licensed nursing or
176	170		convalescent custodial or personal care home that allows a person
177	171		with an operator license to perform cosmetic services for patients
178	172		residing in the home on an occasional but not daily basis; [or]
179	173		(7) provides an incidental cosmetic service, or owns,
180	174		operates, or manages the location where that service is provided,
181	175		if the primary purpose of the service is to enable or assist the
182	176		recipient of the service to participate as the subject of:
183	177		(A) a photographic sitting at a fashion
184	178		photography studio;
185	179		(B) a television appearance; or
186	180		(C) the filming of a motion picture; or
187	181		(8) performs only natural hair braiding, including
188	182		braiding a person's hair, trimming hair extensions only as
189	183		applicable to the braiding process, and attaching commercial hair
190	184		by braiding and without the use of chemicals or adhesives.
191	185		SECTION 8. Section 1602.255(c), Occupations Code, is
192	186		amended to read as follows:
193	187		(c) The commission shall adopt rules for the licensing of
194	188		specialty instructors to teach specialty courses in the practice of
195	189		cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11)
196	190		[1602.002(a)(7), (9), (10), and (12)].
197	191		SECTION 9. Section 1602.256(a), Occupations Code, is
198	192		amended to read as follows:
199	193		(a) A person holding a manicurist specialty license may
200	194		perform only the practice of cosmetology defined in Section
201	195		1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
202	196		SECTION 10. Section 1602.257(a), Occupations Code, is
203	197		amended to read as follows:
204	198		(a) A person holding an esthetician specialty license may
205	199		perform only the practice of cosmetology defined in Sections
206	200		1602.002(a)(5), (6) [1602.002(a)(6)], (7), (8), [(9),] and (11)
207	201		[(12)].
208	202		SECTION 11. Section 1602.2571(a), Occupations Code, is
209	203		amended to read as follows:
210	204		(a) A person holding a specialty license in eyelash
211	205		extension application may perform only the practice of cosmetology
212	206		defined in Section 1602.002(a)(11) [1602.002(a)(12)].
213	207		SECTION 12. Section 1602.259(a), Occupations Code, is
214	208		amended to read as follows:
215	209		(a) A person holding a hair weaving specialty certificate
216	210		may perform only the practice of cosmetology defined in Sections
217	211		1602.002(a)(2)[, (3),] and (12) [(13)].
218	212		SECTION 13. Section 1602.260(a), Occupations Code, is
219	213		amended to read as follows:
220	214		(a) A person holding a wig specialty certificate may perform
221	215		only the practice of cosmetology defined in Section 1602.002(a)(3)
222	216		[1602.002(a)(4)].
223	217		SECTION 14. Section 1602.261(a), Occupations Code, is
224	218		amended to read as follows:
225	219		(a) A person holding a manicurist/esthetician specialty
226	220		license may perform only the practice of cosmetology defined in
227	221		Sections 1602.002(a)(5) [1602.002(a)(6)] through (10) [(11)].
228	222		SECTION 15. Section 1602.267(a), Occupations Code, is
229	223		amended to read as follows:
230	224		(a) A person holding a shampoo apprentice permit may perform
231	225		only the practice of cosmetology defined by Section 1602.002(a)(2)
232	226		[1602.002(3)].
233	227		SECTION 16. Section 1602.305(a), Occupations Code, is
234	228		amended to read as follows:
235	229		(a) A person holding a specialty shop license may maintain
236	230		an establishment in which only the practice of cosmetology as
237	231		defined in Section 1602.002(a)(3), (6), (8), (9), or (11)
238	232		[1602.002(a)(2), (4), (7), (9), (10), or (12)] is performed.
239	233		SECTION 17. Section 1603.352(a), Occupations Code, is
240	234		amended to read as follows:
241	235		(a) A person who holds a license, certificate, or permit
242	236		issued under this chapter, Chapter 1601, or Chapter 1602 and who
243	237		performs a barbering service described by Section 1601.002(1)(E) or
244	238		(F) or a cosmetology service described by Section 1602.002(a)(9) or
245	239		(10) [1602.002(a)(10) or (11)] shall, before performing the
246	240		service, clean, disinfect, and sterilize with an autoclave or dry
247	241		heat sterilizer or sanitize with an ultraviolet sanitizer, in
248	242		accordance with the sterilizer or sanitizer manufacturer's
249	243		instructions, each metal instrument, including metal nail
250	244		clippers, cuticle pushers, cuticle nippers, and other metal
251	245		instruments, used to perform the service.
252	246		SECTION 18. Sections 1601.259 and 1602.258, Occupations
253	247		Code, are repealed.
254	248		SECTION 19. (a) The Texas Department of Licensing and
255	249		Regulation shall issue a refund of fees to a person holding a barber
256	250		or cosmetology hair braiding specialty certificate, hair braiding
257	251		instructor license, or hair braiding specialty shop license
258	252		immediately before the effective date of this Act.
259	253		(b) The Texas Department of Licensing and Regulation shall
260	254		prorate fees on a monthly basis so that each license or certificate
261	255		holder described by Subsection (a) of this section receives a
262	256		refund for the amount of the fee that is allocable to the number of
263	257		months from the month in which this Act takes effect until the month
264	258		in which the license or certificate was scheduled to expire.
265	259		SECTION 20. This Act takes effect immediately if it
266	260		receives a vote of two-thirds of all the members elected to each
267	261		house, as provided by Section 39, Article III, Texas Constitution.
268	262		If this Act does not receive the vote necessary for immediate
269	263		effect, this Act takes effect September 1, 2015.
270		-	* * * * *
	264	+	______________________________ ______________________________
	265	+	President of the Senate Speaker of the House
	266	+	I certify that H.B. No. 2717 was passed by the House on April
	267	+	23, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not
	268	+	voting.
	269	+	______________________________
	270	+	Chief Clerk of the House
	271	+	I certify that H.B. No. 2717 was passed by the Senate on May
	272	+	20, 2015, by the following vote: Yeas 30, Nays 0.
	273	+	______________________________
	274	+	Secretary of the Senate
	275	+	APPROVED: _____________________
	276	+	Date
	277	+	_____________________
	278	+	Governor