Texas 2015 - 84th Regular

Texas House Bill HB2720 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R17233 MAW-D
2	2		By: Goldman H.B. No. 2720
3		-	Substitute the following for H.B. No. 2720:
4		-	By: Smith C.S.H.B. No. 2720
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to abolishing shampoo apprentice permits and shampoo
10	8		specialty certificates.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 1601.002, Occupations Code, is amended
13	11		to read as follows:
14	12		Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
15	13		"barbering," "practicing barbering," or the "practice of
16	14		barbering" means:
17	15		(1) performing or offering or attempting to perform
18	16		for compensation or the promise of compensation any of the
19	17		following services:
20	18		(A) treating a person's mustache or beard by
21	19		arranging, beautifying, coloring, processing, shaving, styling, or
22	20		trimming;
23	21		(B) treating a person's hair by:
24	22		(i) arranging, beautifying, bleaching,
25	23		cleansing, coloring, curling, dressing, dyeing, processing,
26	24		[shampooing,] shaping, singeing, straightening, styling, tinting,
27	25		or waving;
28	26		(ii) providing a necessary service that is
29	27		preparatory or ancillary to a service under Subparagraph (i),
30	28		including bobbing, clipping, cutting, or trimming; or
31	29		(iii) cutting the person's hair as a
32	30		separate and independent service for which a charge is directly or
33	31		indirectly made separately from a charge for any other service;
34	32		(C) cleansing, stimulating, or massaging a
35	33		person's scalp, face, neck, arms, or shoulders:
36	34		(i) by hand or by using a device, apparatus,
37	35		or appliance; and
38	36		(ii) with or without the use of any cosmetic
39	37		preparation, antiseptic, tonic, lotion, or cream;
40	38		(D) beautifying a person's face, neck, arms, or
41	39		shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
42	40		powder, oil, clay, cream, or appliance;
43	41		(E) treating a person's nails by:
44	42		(i) cutting, trimming, polishing, tinting,
45	43		coloring, cleansing, manicuring, or pedicuring; or
46	44		(ii) attaching false nails;
47	45		(F) massaging, cleansing, treating, or
48	46		beautifying a person's hands;
49	47		(G) administering facial treatments;
50	48		(H) weaving a person's hair by using any method
51	49		to attach commercial hair to a person's hair or scalp;
52	50		(I) [shampooing or conditioning a person's hair;
53	51		[(J)] servicing in any manner listed in Paragraph
54	52		(B) a person's wig, toupee, or artificial hairpiece on a person's
55	53		head or on a block after the initial retail sale; or
56	54		(J) [(K)] braiding a person's hair, trimming
57	55		hair extensions only as applicable to the braiding process, and
58	56		attaching commercial hair only by braiding and without the use of
59	57		chemicals or adhesives;
60	58		(2) advertising or representing to the public in any
61	59		manner that a person is a barber or is authorized to practice
62	60		barbering; or
63	61		(3) advertising or representing to the public in any
64	62		manner that a location or place of business is a barbershop,
65	63		specialty shop, or barber school.
66	64		SECTION 2. Section 1601.254(c), Occupations Code, is
67	65		amended to read as follows:
68	66		(c) The commission shall adopt rules for the licensing of
69	67		specialty instructors to teach specialty courses in the practice of
70	68		barbering as defined by Sections 1601.002(1)(C)-(H) and (J) [(K)].
71	69		SECTION 3. Section 1601.256(a), Occupations Code, is
72	70		amended to read as follows:
73	71		(a) A person holding a barber technician license may:
74	72		(1) perform only barbering as defined by Sections
75	73		1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
76	74		(2) practice only at a location that has been issued a
77	75		barbershop permit.
78	76		SECTION 4. Section 1601.259(a), Occupations Code, is
79	77		amended to read as follows:
80	78		(a) A person holding a hair braiding specialty certificate
81	79		of registration may perform only barbering as defined by Section
82	80		1601.002(1)(J) [1601.002(1)(K)].
83	81		SECTION 5. Section 1601.304(a), Occupations Code, is
84	82		amended to read as follows:
85	83		(a) A person who holds a specialty shop permit may maintain
86	84		an establishment in which only barbering as defined by Section
87	85		1601.002(1)(E), (F), (H), or (J) [(K)] is performed.
88	86		SECTION 6. Section 1602.002(a), Occupations Code, is
89	87		amended to read as follows:
90	88		(a) In this chapter, "cosmetology" means the practice of
91	89		performing or offering to perform for compensation any of the
92	90		following services:
93	91		(1) treating a person's hair by:
94	92		(A) providing any method of treatment as a
95	93		primary service, including arranging, beautifying, bleaching,
96	94		cleansing, coloring, cutting, dressing, dyeing, processing,
97	95		[shampooing,] shaping, singeing, straightening, styling, tinting,
98	96		or waving;
99	97		(B) providing a necessary service that is
100	98		preparatory or ancillary to a service under Paragraph (A),
101	99		including bobbing, clipping, cutting, or trimming a person's hair
102	100		or shaving a person's neck with a safety razor; or
103	101		(C) cutting the person's hair as a separate and
104	102		independent service for which a charge is directly or indirectly
105	103		made separately from charges for any other service;
106	104		(2) braiding a person's hair;
107	105		(3) [shampooing and conditioning a person's hair;
108	106		[(4)] servicing a person's wig or artificial hairpiece
109	107		on a person's head or on a block after the initial retail sale and
110	108		servicing in any manner listed in Subdivision (1);
111	109		(4) [(5)] treating a person's mustache or beard by
112	110		arranging, beautifying, coloring, processing, styling, trimming,
113	111		or shaving with a safety razor;
114	112		(5) [(6)] cleansing, stimulating, or massaging a
115	113		person's scalp, face, neck, or arms:
116	114		(A) by hand or by using a device, apparatus, or
117	115		appliance; and
118	116		(B) with or without the use of any cosmetic
119	117		preparation, antiseptic, tonic, lotion, or cream;
120	118		(6) [(7)] beautifying a person's face, neck, or arms
121	119		using a cosmetic preparation, antiseptic, tonic, lotion, powder,
122	120		oil, clay, cream, or appliance;
123	121		(7) [(8)] administering facial treatments;
124	122		(8) [(9)] removing superfluous hair from a person's
125	123		body using depilatories, preparations, or tweezing techniques;
126	124		(9) [(10)] treating a person's nails by:
127	125		(A) cutting, trimming, polishing, tinting,
128	126		coloring, cleansing, or manicuring; or
129	127		(B) attaching false nails;
130	128		(10) [(11)] massaging, cleansing, treating, or
131	129		beautifying a person's hands or feet;
132	130		(11) [(12)] applying semipermanent, thread-like
133	131		extensions composed of single fibers to a person's eyelashes; or
134	132		(12) [(13)] weaving a person's hair.
135	133		SECTION 7. Section 1602.255(c), Occupations Code, is
136	134		amended to read as follows:
137	135		(c) The commission shall adopt rules for the licensing of
138	136		specialty instructors to teach specialty courses in the practice of
139	137		cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11)
140	138		[1602.002(a)(7), (9), (10), and (12)].
141	139		SECTION 8. Section 1602.256(a), Occupations Code, is
142	140		amended to read as follows:
143	141		(a) A person holding a manicurist specialty license may
144	142		perform only the practice of cosmetology defined in Section
145	143		1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
146	144		SECTION 9. Section 1602.257(a), Occupations Code, is
147	145		amended to read as follows:
148	146		(a) A person holding an esthetician specialty license may
149	147		perform only the practice of cosmetology defined in Sections
150	148		1602.002(a)(5), (6), (7), (8), and (11) [1602.002(a)(6), (7), (8),
151	149		(9), and (12)].
152	150		SECTION 10. Section 1602.2571(a), Occupations Code, is
153	151		amended to read as follows:
154	152		(a) A person holding a specialty license in eyelash
155	153		extension application may perform only the practice of cosmetology
156	154		defined in Section 1602.002(a)(11) [1602.002(a)(12)].
157	155		SECTION 11. Section 1602.259(a), Occupations Code, is
158	156		amended to read as follows:
159	157		(a) A person holding a hair weaving specialty certificate
160	158		may perform only the practice of cosmetology defined in Sections
161	159		1602.002(a)(2)[, (3),] and (12) [(13)].
162	160		SECTION 12. Section 1602.260(a), Occupations Code, is
163	161		amended to read as follows:
164	162		(a) A person holding a wig specialty certificate may perform
165	163		only the practice of cosmetology defined in Section 1602.002(a)(3)
166	164		[1602.002(a)(4)].
167	165		SECTION 13. Section 1602.261(a), Occupations Code, is
168	166		amended to read as follows:
169	167		(a) A person holding a manicurist/esthetician specialty
170	168		license may perform only the practice of cosmetology defined in
171	169		Sections 1602.002(a)(5) through (10) [1602.002(a)(6) through
172	170		(11)].
173	171		SECTION 14. Section 1602.305(a), Occupations Code, is
174	172		amended to read as follows:
175	173		(a) A person holding a specialty shop license may maintain
176	174		an establishment in which only the practice of cosmetology as
177	175		defined in Section 1602.002(a)(2), (3), (6), (8) [(4), (7)], (9),
178	176		[(10),] or (11) [(12)] is performed.
179	177		SECTION 15. Section 1602.354(a), Occupations Code, is
180	178		amended to read as follows:
181	179		(a) The commission will by rule recognize, prepare, or
182	180		administer continuing education programs for the practice of
183	181		cosmetology. Participation in the programs is mandatory for all
184	182		license renewals [other than renewal of a shampoo specialty
185	183		certificate].
186	184		SECTION 16. Section 1602.403(c), Occupations Code, is
187	185		amended to read as follows:
188	186		(c) A person holding a beauty shop license or specialty shop
189	187		license may not employ[:
190	188		[(1)] a person as an operator or specialist or lease to
191	189		a person who acts as an operator or specialist unless the person
192	190		holds a license or certificate under this chapter or under Chapter
193	191		1601[; or
194	192		[(2) a person to shampoo or condition a person's hair
195	193		unless the person holds a shampoo apprentice permit or student
196	194		permit].
197	195		SECTION 17. Section 1603.352(a), Occupations Code, is
198	196		amended to read as follows:
199	197		(a) A person who holds a license, certificate, or permit
200	198		issued under this chapter, Chapter 1601, or Chapter 1602 and who
201	199		performs a barbering service described by Section 1601.002(1)(E) or
202	200		(F) or a cosmetology service described by Section 1602.002(a)(9) or
203	201		(10) [1602.002(a)(10) or (11)] shall, before performing the
204	202		service, clean, disinfect, and sterilize with an autoclave or dry
205	203		heat sterilizer or sanitize with an ultraviolet sanitizer, in
206	204		accordance with the sterilizer or sanitizer manufacturer's
207	205		instructions, each metal instrument, including metal nail
208	206		clippers, cuticle pushers, cuticle nippers, and other metal
209	207		instruments, used to perform the service.
210	208		SECTION 18. Sections 1601.261 and 1602.267, Occupations
211	209		Code, are repealed.
212	210		SECTION 19. On the effective date of this Act:
213	211		(1) a shampoo apprentice permit issued under former
214	212		Section 1601.261 or 1602.267, Occupations Code, expires; and
215	213		(2) a shampoo specialty certificate issued under
216	214		Chapter 1602 expires.
217	215		SECTION 20. (a) The changes in law made by this Act do not
218	216		affect the validity of a proceeding pending before a court or other
219	217		governmental entity on the effective date of this Act.
220	218		(b) An offense or other violation of law committed before
221	219		the effective date of this Act is governed by the law in effect when
222	220		the offense or violation was committed, and the former law is
223	221		continued in effect for that purpose. For purposes of this
224	222		subsection, an offense or violation was committed before the
225	223		effective date of this Act if any element of the offense or
226	224		violation occurred before that date.
227	225		SECTION 21. This Act takes effect September 1, 2015.