Texas 2015 - 84th Regular

Texas House Bill HB2846 Compare Versions

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

Old	New	Differences
1	1	84R12191 MAW-D
2	2	By: Goldman H.B. No. 2846
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing certain specialty licenses and certificates
8	8	for the practice of barbering or cosmetology.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1601.002, Occupations Code, is amended
11	11	to read as follows:
12	12	Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
13	13	"barbering," "practicing barbering," or the "practice of
14	14	barbering" means:
15	15	(1) performing or offering or attempting to perform
16	16	for compensation or the promise of compensation any of the
17	17	following services:
18	18	(A) treating a person's mustache or beard by
19	19	arranging, beautifying, coloring, processing, shaving, styling, or
20	20	trimming;
21	21	(B) treating a person's hair by:
22	22	(i) arranging, beautifying, bleaching,
23	23	cleansing, coloring, curling, dressing, dyeing, processing,
24	24	shampooing, shaping, singeing, straightening, styling, tinting, or
25	25	waving;
26	26	(ii) providing a necessary service that is
27	27	preparatory or ancillary to a service under Subparagraph (i),
28	28	including bobbing, clipping, cutting, or trimming; or
29	29	(iii) cutting the person's hair as a
30	30	separate and independent service for which a charge is directly or
31	31	indirectly made separately from a charge for any other service;
32	32	(C) cleansing, stimulating, or massaging a
33	33	person's scalp, face, neck, arms, or shoulders:
34	34	(i) by hand or by using a device, apparatus,
35	35	or appliance; and
36	36	(ii) with or without the use of any cosmetic
37	37	preparation, antiseptic, tonic, lotion, or cream;
38	38	(D) beautifying a person's face, neck, arms, or
39	39	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
40	40	powder, oil, clay, cream, or appliance;
41	41	(E) treating a person's nails by:
42	42	(i) cutting, trimming, polishing, tinting,
43	43	coloring, cleansing, manicuring, or pedicuring; or
44	44	(ii) attaching false nails;
45	45	(F) massaging, cleansing, treating, or
46	46	beautifying a person's hands;
47	47	(G) administering facial treatments; or
48	48	(H) [weaving a person's hair by using any method
49	49	to attach commercial hair to a person's hair or scalp;
50	50	[(I)] shampooing or conditioning a person's
51	51	hair;
52	52	[(J) servicing in any manner listed in Paragraph
53	53	(B) a person's wig, toupee, or artificial hairpiece on a person's
54	54	head or on a block after the initial retail sale; or
55	55	[(K) braiding a person's hair, trimming hair
56	56	extensions only as applicable to the braiding process, and
57	57	attaching commercial hair only by braiding and without the use of
58	58	chemicals or adhesives;]
59	59	(2) advertising or representing to the public in any
60	60	manner that a person is a barber or is authorized to practice
61	61	barbering; or
62	62	(3) advertising or representing to the public in any
63	63	manner that a location or place of business is a barbershop,
64	64	specialty shop, or barber school.
65	65	SECTION 2. Section 1601.254(c), Occupations Code, is
66	66	amended to read as follows:
67	67	(c) The commission shall adopt rules for the licensing of
68	68	specialty instructors to teach specialty courses in the practice of
69	69	barbering as defined by Sections 1601.002(1)(C)-(G)
70	70	[1601.002(1)(C)-(H) and (K)].
71	71	SECTION 3. Section 1601.256(a), Occupations Code, is
72	72	amended to read as follows:
73	73	(a) A person holding a barber technician license may:
74	74	(1) perform only barbering as defined by Sections
75	75	1601.002(1)(C), (D), (F), (G), and (H) [(I)]; and
76	76	(2) practice only at a location that has been issued a
77	77	barbershop permit.
78	78	SECTION 4. Section 1601.261(a), Occupations Code, is
79	79	amended to read as follows:
80	80	(a) A person holding a shampoo apprentice permit may perform
81	81	only barbering as defined by Section 1601.002(1)(H)
82	82	[1601.002(1)(I)].
83	83	SECTION 5. Section 1601.304(a), Occupations Code, is
84	84	amended to read as follows:
85	85	(a) A person who holds a specialty shop permit may maintain
86	86	an establishment in which only barbering as defined by Section
87	87	1601.002(1)(E) or[,] (F) [, (H), or (K)] is performed.
88	88	SECTION 6. Section 1602.002(a), Occupations Code, is
89	89	amended to read as follows:
90	90	(a) In this chapter, "cosmetology" means the practice of
91	91	performing or offering to perform for compensation any of the
92	92	following services:
93	93	(1) treating a person's hair by:
94	94	(A) providing any method of treatment as a
95	95	primary service, including arranging, beautifying, bleaching,
96	96	cleansing, coloring, cutting, dressing, dyeing, processing,
97	97	shampooing, shaping, singeing, straightening, styling, tinting, or
98	98	waving;
99	99	(B) providing a necessary service that is
100	100	preparatory or ancillary to a service under Paragraph (A),
101	101	including bobbing, clipping, cutting, or trimming a person's hair
102	102	or shaving a person's neck with a safety razor; or
103	103	(C) cutting the person's hair as a separate and
104	104	independent service for which a charge is directly or indirectly
105	105	made separately from charges for any other service;
106	106	(2) [braiding a person's hair;
107	107	[(3)] shampooing and conditioning a person's hair;
108	108	(3) [(4) servicing a person's wig or artificial
109	109	hairpiece on a person's head or on a block after the initial retail
110	110	sale and servicing in any manner listed in Subdivision (1);
111	111	[(5)] treating a person's mustache or beard by
112	112	arranging, beautifying, coloring, processing, styling, trimming,
113	113	or shaving with a safety razor;
114	114	(4) [(6)] cleansing, stimulating, or massaging a
115	115	person's scalp, face, neck, or arms:
116	116	(A) by hand or by using a device, apparatus, or
117	117	appliance; and
118	118	(B) with or without the use of any cosmetic
119	119	preparation, antiseptic, tonic, lotion, or cream;
120	120	(5) [(7)] beautifying a person's face, neck, or arms
121	121	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
122	122	oil, clay, cream, or appliance;
123	123	(6) [(8)] administering facial treatments;
124	124	(7) [(9)] removing superfluous hair from a person's
125	125	body using depilatories, preparations, or tweezing techniques;
126	126	(8) [(10)] treating a person's nails by:
127	127	(A) cutting, trimming, polishing, tinting,
128	128	coloring, cleansing, or manicuring; or
129	129	(B) attaching false nails;
130	130	(9) [(11)] massaging, cleansing, treating, or
131	131	beautifying a person's hands or feet; or
132	132	(10) [(12)] applying semipermanent, thread-like
133	133	extensions composed of single fibers to a person's eyelashes [; or
134	134	[(13) weaving a person's hair].
135	135	SECTION 7. Section 1602.255(c), Occupations Code, is
136	136	amended to read as follows:
137	137	(c) The commission shall adopt rules for the licensing of
138	138	specialty instructors to teach specialty courses in the practice of
139	139	cosmetology defined in Sections 1602.002(a)(5), (7), (8), and (10)
140	140	[1602.002(a)(7), (9), (10), and (12)].
141	141	SECTION 8. Section 1602.256(a), Occupations Code, is
142	142	amended to read as follows:
143	143	(a) A person holding a manicurist specialty license may
144	144	perform only the practice of cosmetology defined in Section
145	145	1602.002(a)(8) or (9) [1602.002(a)(10) or (11)].
146	146	SECTION 9. Section 1602.257(a), Occupations Code, is
147	147	amended to read as follows:
148	148	(a) A person holding an esthetician specialty license may
149	149	perform only the practice of cosmetology defined in Sections
150	150	1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(6), (7), (8),
151	151	(9), and (12)].
152	152	SECTION 10. Section 1602.2571(a), Occupations Code, is
153	153	amended to read as follows:
154	154	(a) A person holding a specialty license in eyelash
155	155	extension application may perform only the practice of cosmetology
156	156	defined in Section 1602.002(a)(10) [1602.002(a)(12)].
157	157	SECTION 11. Section 1602.261(a), Occupations Code, is
158	158	amended to read as follows:
159	159	(a) A person holding a manicurist/esthetician specialty
160	160	license may perform only the practice of cosmetology defined in
161	161	Sections 1602.002(a)(4) through (9) [1602.002(a)(6) through (11)].
162	162	SECTION 12. Section 1602.267(a), Occupations Code, is
163	163	amended to read as follows:
164	164	(a) A person holding a shampoo apprentice permit may perform
165	165	only the practice of cosmetology defined by Section 1602.002(2)
166	166	[1602.002(3)].
167	167	SECTION 13. Section 1602.305(a), Occupations Code, is
168	168	amended to read as follows:
169	169	(a) A person holding a specialty shop license may maintain
170	170	an establishment in which only the practice of cosmetology as
171	171	defined in Section 1602.002(a)(5) [1602.002(a)(2), (4)], (7), (8)
172	172	[(9)], or (10)[, or (12)] is performed.
173	173	SECTION 14. Section 1603.352(a), Occupations Code, is
174	174	amended to read as follows:
175	175	(a) A person who holds a license, certificate, or permit
176	176	issued under this chapter, Chapter 1601, or Chapter 1602 and who
177	177	performs a barbering service described by Section 1601.002(1)(E) or
178	178	(F) or a cosmetology service described by Section 1602.002(a)(8) or
179	179	(9) [1602.002(a)(10) or (11)] shall, before performing the service,
180	180	clean, disinfect, and sterilize with an autoclave or dry heat
181	181	sterilizer or sanitize with an ultraviolet sanitizer, in accordance
182	182	with the sterilizer or sanitizer manufacturer's instructions, each
183	183	metal instrument, including metal nail clippers, cuticle pushers,
184	184	cuticle nippers, and other metal instruments, used to perform the
185	185	service.
186	186	SECTION 15. Sections 1601.258, 1601.259, 1601.263,
187	187	1602.258, 1602.259, and 1602.260, Occupations Code, are repealed.
188	188	SECTION 16. (a) The changes in law made by this Act do not
189	189	affect the validity of a proceeding pending before a court or other
190	190	governmental entity on the effective date of this Act.
191	191	(b) An offense or other violation of law committed before
192	192	the effective date of this Act is governed by the law in effect when
193	193	the offense or violation was committed, and the former law is
194	194	continued in effect for that purpose. For purposes of this
195	195	subsection, an offense or violation was committed before the
196	196	effective date of this Act if any element of the offense or
197	197	violation occurred before that date.
198	198	(c) On the effective date of this Act a license or
199	199	certificate issued under former Section 1601.258, 1601.259,
200	200	1601.263, 1602.258, 1602.259, or 1602.260, Occupations Code,
201	201	expires.
202	202	SECTION 17. This Act takes effect September 1, 2015.