Texas 2015 84th Regular

Texas House Bill HB3325 Introduced / Bill

Filed 03/12/2015

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                    84R10568 TSR-F
 By: Gutierrez H.B. No. 3325


 A BILL TO BE ENTITLED
 AN ACT
 relating to the requirements for barber schools and private beauty
 culture schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1601.353, Occupations Code, is amended
 to read as follows:
 Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT.  The
 department may approve an application for a permit for a barber
 school if the school:
 (1)  has adequate space, equipment, and instructional
 material, as determined by the commission, to provide quality
 classroom training [is located in:
 [(A)     a municipality with a population of more
 than 50,000 that has a building of permanent construction
 containing at least 2,000 square feet of floor space, including
 classroom and practical areas, covered in a hard-surface
 floor-covering of tile or other suitable material; or
 [(B)     a municipality with a population of 50,000
 or less or an unincorporated area of a county that has a building of
 permanent construction containing at least 1,000 square feet of
 floor space, including classroom and practical areas, covered in a
 hard-surface floor-covering of tile or other suitable material];
 and
 (2)  [has the following equipment:
 [(A)     at least 10 student workstations that
 include a chair that reclines, a back bar, and a wall mirror;
 [(B)  a sink behind every two workstations;
 [(C)  adequate lighting for each room;
 [(D)     at least 10 classroom chairs and other
 materials necessary to teach the required subjects; and
 [(E)     access to permanent restrooms and adequate
 drinking fountain facilities; and
 [(3)]  meets any other requirement set by the
 commission.
 SECTION 2.  Sections 1602.303(b) and (c), Occupations Code,
 are amended to read as follows:
 (b)  An application for a private beauty culture school
 license must be accompanied by the required license fee and
 inspection fee and:
 (1)  be on a form prescribed by the department;
 (2)  be verified by the applicant; and
 (3)  contain a statement that the building has adequate
 space, equipment, and instructional material, as determined by the
 commission, to provide quality classroom training[:
 [(A)     is of permanent construction and is divided
 into at least two separate areas:
 [(i)     one area for instruction in theory;
 and
 [(ii)  one area for clinic work;
 [(B)  contains a minimum of:
 [(i)     2,800 square feet of floor space if the
 building is located in a county with a population of more than
 100,000; or
 [(ii)     1,800 square feet of floor space if
 the building is located in a county with a population of 100,000 or
 less;
 [(C)     has access to permanent restrooms and
 adequate drinking fountain facilities; and
 [(D)     contains, or will contain before classes
 begin, the equipment established by commission rule as sufficient
 to properly instruct a minimum of 10 students].
 (c)  The applicant is entitled to a private beauty culture
 school license if:
 (1)  the department determines that the applicant is
 financially sound and capable of fulfilling the school's
 commitments for training;
 (2)  the applicant's facilities pass an inspection
 conducted by the department under Section 1603.103; [and]
 (3)  the applicant has not committed an act that
 constitutes a ground for denial of a license; and
 (4)  the applicant meets any other requirement set by
 the commission.
 SECTION 3.  As soon as practicable after the effective date
 of this Act, the Texas Commission of Licensing and Regulation shall
 adopt rules to implement Sections 1601.353 and 1602.303,
 Occupations Code, as amended by this Act.
 SECTION 4.  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.