| 1 | 1 | | 84R3411 TSR-D |
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| 2 | 2 | | By: White of Tyler H.B. No. 578 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exemption from the cosmetologist licensing law for |
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| 8 | 8 | | persons who provide certain services at a special event. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1602.003(b), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) This chapter does not apply to a person who: |
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| 13 | 13 | | (1) provides a service in an emergency; |
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| 14 | 14 | | (2) is licensed in this state to practice medicine, |
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| 15 | 15 | | dentistry, podiatry, chiropractic, or nursing and is operating |
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| 16 | 16 | | within the scope of the person's license; |
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| 17 | 17 | | (3) is in the business of or receives compensation for |
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| 18 | 18 | | makeup applications only; |
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| 19 | 19 | | (4) acts as a barber under Chapter 1601, if the person |
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| 20 | 20 | | does not hold the person out as a cosmetologist; |
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| 21 | 21 | | (5) provides a cosmetic service as a volunteer or an |
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| 22 | 22 | | employee performing regular duties at a licensed nursing or |
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| 23 | 23 | | convalescent custodial or personal care home to a patient residing |
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| 24 | 24 | | in the home; |
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| 25 | 25 | | (6) owns, operates, or manages a licensed nursing or |
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| 26 | 26 | | convalescent custodial or personal care home that allows a person |
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| 27 | 27 | | with an operator license to perform cosmetic services for patients |
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| 28 | 28 | | residing in the home on an occasional but not daily basis; [or] |
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| 29 | 29 | | (7) provides an incidental cosmetic service, or owns, |
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| 30 | 30 | | operates, or manages the location where that service is provided, |
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| 31 | 31 | | if the primary purpose of the service is to enable or assist the |
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| 32 | 32 | | recipient of the service to participate as the subject of: |
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| 33 | 33 | | (A) a photographic sitting at a fashion |
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| 34 | 34 | | photography studio; |
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| 35 | 35 | | (B) a television appearance; or |
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| 36 | 36 | | (C) the filming of a motion picture; or |
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| 37 | 37 | | (8) provides an incidental cosmetic service, |
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| 38 | 38 | | including combing, curling, or pinning a person's hair, but not |
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| 39 | 39 | | including cutting, coloring, dyeing, or processing a person's hair, |
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| 40 | 40 | | at the location of a special event, including a wedding, if the |
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| 41 | 41 | | person does not represent that the person is a cosmetologist. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2015. |
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