Texas 2015 - 84th Regular

Texas House Bill HB3325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R21774 TSR-F
2	2	By: Gutierrez H.B. No. 3325
3	3	Substitute the following for H.B. No. 3325:
4	4	By: Smith C.S.H.B. No. 3325
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the requirements for barber schools and private beauty
10	10	culture schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1601.353, Occupations Code, is amended
13	13	to read as follows:
14	14	Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. (a) The
15	15	department may approve an application for a permit for a barber
16	16	school that offers instruction to persons seeking a certificate
17	17	under Section 1601.253 if the school:
18	18	(1) is located in:
19	19	(A) a municipality with a population of more than
20	20	50,000 that has a building of permanent construction containing at
21	21	least 2,000 square feet of floor space, including classroom and
22	22	practical areas, covered in a hard-surface floor-covering of tile
23	23	or other suitable material; or
24	24	(B) a municipality with a population of 50,000 or
25	25	less or an unincorporated area of a county that has a building of
26	26	permanent construction containing at least 1,000 square feet of
27	27	floor space, including classroom and practical areas, covered in a
28	28	hard-surface floor-covering of tile or other suitable material;
29	29	(2) has the following equipment:
30	30	(A) at least 10 student workstations that include
31	31	a chair that reclines, a back bar, and a wall mirror;
32	32	(B) a sink behind every two workstations;
33	33	(C) adequate lighting for each room;
34	34	(D) at least 10 classroom chairs and other
35	35	materials necessary to teach the required subjects; and
36	36	(E) access to permanent restrooms and adequate
37	37	drinking fountain facilities; and
38	38	(3) meets any other requirement set by the commission.
39	39	(b) The department may approve an application for a permit
40	40	for a barber school that offers instruction to persons seeking a
41	41	certificate, license, or permit under this chapter, other than a
42	42	certificate under Section 1601.253, if the school:
43	43	(1) has adequate space, equipment, and instructional
44	44	material, as determined by the commission, to provide quality
45	45	classroom training; and
46	46	(2) meets any other requirement set by the commission.
47	47	(c) A barber school that satisfies the requirements of
48	48	Subsection (a) may offer instruction in barbering to persons
49	49	seeking any certificate, license, or permit under this chapter.
50	50	(d) Instruction received at a barber school subject to
51	51	Subsection (b) may not be used to satisfy the requirements to obtain
52	52	a Class A barber certificate under Section 1601.253.
53	53	SECTION 2. Section 1602.303, Occupations Code, is amended
54	54	to read as follows:
55	55	Sec. 1602.303. PRIVATE BEAUTY CULTURE SCHOOL LICENSE.
56	56	(a) [A person holding a private beauty culture school license may
57	57	maintain an establishment in which any practice of cosmetology is
58	58	taught, including providing an eyelash extension application
59	59	training program described by Section 1602.2572.
60	60	[(b)] An application for a private beauty culture school
61	61	license to instruct persons seeking a license under Section
62	62	1602.254 must be accompanied by the required license fee and
63	63	inspection fee and:
64	64	(1) be on a form prescribed by the department;
65	65	(2) be verified by the applicant; and
66	66	(3) contain a statement that the building:
67	67	(A) is of permanent construction and is divided
68	68	into at least two separate areas:
69	69	(i) one area for instruction in theory; and
70	70	(ii) one area for clinic work;
71	71	(B) contains a minimum of:
72	72	(i) 2,800 square feet of floor space if the
73	73	building is located in a county with a population of more than
74	74	100,000; or
75	75	(ii) 1,800 square feet of floor space if the
76	76	building is located in a county with a population of 100,000 or
77	77	less;
78	78	(C) has access to permanent restrooms and
79	79	adequate drinking fountain facilities; and
80	80	(D) contains, or will contain before classes
81	81	begin, the equipment established by commission rule as sufficient
82	82	to properly instruct a minimum of 10 students.
83	83	(b) An application for a private beauty culture school
84	84	license to instruct persons seeking a license or certificate under
85	85	this chapter, other than a license under Section 1602.254, must be
86	86	accompanied by the required license fee and inspection fee and:
87	87	(1) be on a form prescribed by the department;
88	88	(2) be verified by the applicant;
89	89	(3) contain a statement that the building:
90	90	(A) is of permanent construction and is divided
91	91	into at least two separate areas:
92	92	(i) one area for instruction in theory; and
93	93	(ii) one area for clinic work;
94	94	(B) has adequate space, equipment, and
95	95	instructional material, as determined by the commission, to provide
96	96	quality classroom training; and
97	97	(C) has access to permanent restrooms and
98	98	adequate drinking fountain facilities; and
99	99	(4) meets any other requirement set by the commission.
100	100	(c) The applicant is entitled to a private beauty culture
101	101	school license if:
102	102	(1) the department determines that the applicant is
103	103	financially sound and capable of fulfilling the school's
104	104	commitments for training;
105	105	(2) the applicant's facilities pass an inspection
106	106	conducted by the department under Section 1603.103; [and]
107	107	(3) the applicant has not committed an act that
108	108	constitutes a ground for denial of a license; and
109	109	(4) the applicant meets any other requirement set by
110	110	the commission.
111	111	(d) A private beauty culture school that satisfies the
112	112	requirements of Subsection (a) may offer instruction in cosmetology
113	113	to persons seeking any license or certificate under this chapter.
114	114	(e) Instruction received at a private beauty culture school
115	115	subject to Subsection (b) may not be used to satisfy the
116	116	requirements to obtain an operator license under Section 1602.254.
117	117	SECTION 3. As soon as practicable after the effective date
118	118	of this Act, the Texas Commission of Licensing and Regulation shall
119	119	adopt rules to implement Sections 1601.353 and 1602.303,
120	120	Occupations Code, as amended by this Act.
121	121	SECTION 4. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect September 1, 2015.