84R9033 MAW-D
By: Huffines S.B. No. 1179
A BILL TO BE ENTITLED
AN ACT
relating to abolishing certain occupational licensing requirements
and associated regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 16.008, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 16.008. ARCHITECTS, ENGINEERS, [INTERIOR DESIGNERS,]
AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.
SECTION 2. Sections 16.008(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A person must bring suit for damages for a claim listed
in Subsection (b) against a registered or licensed architect,
engineer, [interior designer,] or landscape architect in this
state, who designs, plans, or inspects the construction of an
improvement to real property or equipment attached to real
property, not later than 10 years after the substantial completion
of the improvement or the beginning of operation of the equipment in
an action arising out of a defective or unsafe condition of the real
property, the improvement, or the equipment.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the architect, engineer, [interior
designer,] or landscape architect within the 10-year limitations
period, the period is extended for two years from the day the claim
is presented.
SECTION 3. Articles 18.19(c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed, sold at public sale by
the law enforcement agency holding the weapon or by an auctioneer
[licensed under Chapter 1802, Occupations Code], or forfeited to
the state for use by the law enforcement agency holding the weapon
or by a county forensic laboratory designated by the magistrate. If
the magistrate does not order the return, destruction, sale, or
forfeiture of the weapon within the applicable period prescribed by
this subsection, the law enforcement agency holding the weapon may
request an order of destruction, sale, or forfeiture of the weapon
from the magistrate. Only a firearms dealer licensed under 18
U.S.C. Section 923 may purchase a weapon at public sale under this
subsection. Proceeds from the sale of a seized weapon under this
subsection shall be transferred, after the deduction of court costs
to which a district court clerk is entitled under Article 59.05(f),
followed by the deduction of auction costs, to the law enforcement
agency holding the weapon.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed, sold at
public sale by the law enforcement agency holding the weapon or by
an auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeited to the state for use by the law enforcement agency holding
the weapon or by a county forensic laboratory designated by the
court if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon, sale at public
sale by the law enforcement agency holding the weapon or by an
auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeiture to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the court. If the court entering judgment of conviction does not
order the destruction, sale, or forfeiture of the weapon within the
period prescribed by this subsection, the law enforcement agency
holding the weapon may request an order of destruction, sale, or
forfeiture of the weapon from a magistrate. Only a firearms dealer
licensed under 18 U.S.C. Section 923 may purchase a weapon at public
sale under this subsection. Proceeds from the sale of a seized
weapon under this subsection shall be transferred, after the
deduction of court costs to which a district court clerk is entitled
under Article 59.05(f), followed by the deduction of auction costs,
to the law enforcement agency holding the weapon.
SECTION 4. Section 21.003, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) A person who does not hold a certificate or permit
issued as provided by Subchapter B may be employed as an athletic
coach by a school district. This subsection does not authorize a
person employed as an athletic coach to provide academic
instruction, including physical education instruction, to students
without holding an appropriate certificate or permit issued as
provided by Subchapter B.
SECTION 5. Section 469.102(a), Government Code, is amended
to read as follows:
(a) The architect, [interior designer,] landscape
architect, or engineer who has overall responsibility for the
design of a constructed or reconstructed building or facility shall
submit the plans and specifications required under Section 469.101.
SECTION 6. Section 469.104, Government Code, is amended to
read as follows:
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
The commission shall report to the Texas Board of Architectural
Examiners, the Texas Board of Professional Engineers, or another
appropriate licensing authority the failure of any architect,
[interior designer,] landscape architect, or engineer to submit or
resubmit in a timely manner plans and specifications to the
department as required by this subchapter.
SECTION 7. Section 263.153(c), Local Government Code, is
amended to read as follows:
(c) A county that contracts with an auctioneer [licensed
under Chapter 1802, Occupations Code,] who uses an Internet auction
site offering online bidding through the Internet to sell surplus
or salvage property under this subchapter having an estimated value
of not more than $500 shall satisfy the notice requirement under
this section by posting the property on the site for at least 10
days unless the property is sold before the 10th day.
SECTION 8. Section 1001.063, Occupations Code, is amended
to read as follows:
Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this
chapter does not prevent or otherwise restrict a person licensed as
an architect under Chapter 1051 or [,] a landscape architect under
Chapter 1052[, or an interior designer under Chapter 1053] from
performing an act, service, or work that is within the definition of
the person's practice under those chapters.
SECTION 9. The heading to Chapter 1051, Occupations Code,
is amended to read as follows:
CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL
PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 10. Sections 1051.101(a) and (b), Occupations Code,
are amended to read as follows:
(a) The Texas Board of Architectural Examiners consists of
seven [nine] members appointed by the governor with the advice and
consent of the senate as follows:
(1) four architect members registered under this
chapter;
(2) [one interior designer member registered under
Chapter 1053;
[(3)] one landscape architect member registered under
Chapter 1052; and
(3) two [(4) three] members who represent the public,
at least one of whom is a person with a physical disability.
(b) Not more than one board member may be:
(1) a stockholder or owner of an interest in a school
or college that teaches architecture[, interior design,] or
landscape architecture; or
(2) a full-time member of the faculty or
administration of the architecture[, interior design,] or
landscape architecture department of a school or college whose
position is the primary employment of the board member.
SECTION 11. Section 1051.102, Occupations Code, is amended
to read as follows:
Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of architecture[,
interior design,] or landscape architecture;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
SECTION 12. Section 1051.103(b), Occupations Code, is
amended to read as follows:
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
architecture[, interior design,] or landscape architecture; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
architecture[, interior design,] or landscape architecture.
SECTION 13. Section 1051.104(a), Occupations Code, is
amended to read as follows:
(a) Board members serve staggered six-year terms. The terms
of two or three members expire on January 31 of each odd-numbered
year.
SECTION 14. Section 1051.201, Occupations Code, is amended
to read as follows:
Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The
powers granted and duties delegated to the board under this chapter
are in addition to the powers granted and duties delegated to the
board under Chapter [Chapters] 1052 [and 1053].
SECTION 15. Section 1051.202, Occupations Code, is amended
to read as follows:
Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board
shall adopt reasonable rules and bylaws and prescribe forms as
necessary to administer or enforce this subtitle, including rules
regulating the practices of architecture and [,] landscape
architecture[, and interior design].
SECTION 16. The heading to Article 2, Chapter 1051,
Occupations Code, is amended to read as follows:
ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]
LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]
SECTION 17. Section 1051.306, Occupations Code, is amended
to read as follows:
Sec. 1051.306. FIRM REGISTRATION. The board by rule may
require a firm, partnership, corporation, or association that
engages in the practice of architecture or [,] landscape
architecture[, or interior design] to register with the board under
this subtitle.
SECTION 18. Section 1051.354, Occupations Code, is amended
to read as follows:
Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
person required to register under this subtitle who is on active
duty as a member of the United States military is exempt from the
payment of any fee during the person's term of service if the
person:
(1) is in good standing as an architect or [,]
landscape architect [, or interior designer] in this state; or
(2) was in good standing as an architect or [,]
landscape architect [, or interior designer] in this state at the
time the person entered into military service.
(b) A person who is exempt from payment of a fee under
Subsection (a):
(1) is exempt for the remainder of the fiscal year
during which the person's active duty status expires; and
(2) is entitled to have the person's name continued on
the list of architects or [,] landscape architects [, or interior
designers].
SECTION 19. Section 1051.355(e), Occupations Code, is
amended to read as follows:
(e) The additional amount of the renewal fee described by
Subsection (b)(2) does not apply to a person registered under
Chapter 1052 [or 1053].
SECTION 20. Section 1051.455(b), Occupations Code, is
amended to read as follows:
(b) A proceeding under this section relating to an architect
or [,] a landscape architect [, or an interior designer] is subject
to Chapter 2001, Government Code.
SECTION 21. Section 1051.504(a), Occupations Code, is
amended to read as follows:
(a) If it appears to the board that a person who is not
registered under this subtitle is violating or has violated this
subtitle, a rule adopted under this subtitle, or another state
statute or rule relating to the practice of architecture or [,]
landscape architecture [, or interior design], the board after
providing to the person notice and the opportunity for a hearing may
issue a cease and desist order prohibiting the conduct described in
the notice.
SECTION 22. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct a real estate transaction;
(3) a public official while engaged in official
duties;
(4) an auctioneer [licensed under Chapter 1802] while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker or salesperson;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 23. Section 1601.002, Occupations Code, is amended
to read as follows:
Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
"barbering," "practicing barbering," or the "practice of
barbering" means:
(1) performing or offering or attempting to perform
for compensation or the promise of compensation any of the
following services:
(A) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, shaving, styling, or
trimming; or
(B) treating a person's hair by:
(i) arranging, beautifying, bleaching,
cleansing, coloring, curling, dressing, dyeing, processing,
[shampooing,] shaping, singeing, straightening, styling, tinting,
or waving;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) cutting the person's hair as a
separate and independent service for which a charge is directly or
indirectly made separately from a charge for any other service;
[(C) cleansing, stimulating, or massaging a
person's scalp, face, neck, arms, or shoulders:
[(i) by hand or by using a device,
apparatus, or appliance; and
[(ii) with or without the use of any
cosmetic preparation, antiseptic, tonic, lotion, or cream;
[(D) beautifying a person's face, neck, arms, or
shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
powder, oil, clay, cream, or appliance;
[(E) treating a person's nails by:
[(i) cutting, trimming, polishing,
tinting, coloring, cleansing, manicuring, or pedicuring; or
[(ii) attaching false nails;
[(F) massaging, cleansing, treating, or
beautifying a person's hands;
[(G) administering facial treatments;
[(H) weaving a person's hair by using any method
to attach commercial hair to a person's hair or scalp;
[(I) shampooing or conditioning a person's hair;
[(J) servicing in any manner listed in Paragraph
(B) a person's wig, toupee, or artificial hairpiece on a person's
head or on a block after the initial retail sale; or
[(K) braiding a person's hair, trimming hair
extensions only as applicable to the braiding process, and
attaching commercial hair only by braiding and without the use of
chemicals or adhesives;]
(2) advertising or representing to the public in any
manner that a person is a barber or is authorized to practice
barbering; or
(3) advertising or representing to the public in any
manner that a location or place of business is a barbershop[,
specialty shop,] or barber school.
SECTION 24. Section 1601.003, Occupations Code, is amended
to read as follows:
Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does
not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department to practice barbering; and
(2) is:
(A) a physician or registered nurse licensed in
this state and operating within the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces;
(C) a person regulated under Chapter 1602, if the
person practices within the scope of a permit or [,] license [, or
certificate] issued by the department under that chapter; or
(D) an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering
during the person's incarceration.
SECTION 25. Sections 1601.251(b) and (c), Occupations Code,
are amended to read as follows:
(b) Unless the person holds an appropriate certificate,
license, or permit, a person may not directly or indirectly use or
cause to be used any of the following terms, or any combination,
variation, or abbreviation of the terms, as a professional or
business identification, title, name, representation, asset, or
means of advantage or benefit:
(1) "barber" or "barbering";
(2) "barber school" or "barber college"; or
(3) "barbershop" or ["barbershop,"] "barber salon."
[salon," or "specialty shop."]
(c) Unless the person holds an appropriate certificate,
license, or permit, a person may not directly or indirectly use or
cause to be used a symbol, or a combination, variation, or
abbreviation of symbols, that in any manner creates an impression
with the public that the person is qualified or authorized to
practice barbering or own or manage a barbershop[, specialty shop,]
or barber school.
SECTION 26. Section 1601.256(a), Occupations Code, is
amended to read as follows:
(a) A person holding a barber technician license may:
(1) perform only barbering as specified by commission
rule [defined by Sections 1601.002(1)(C), (D), (F), (G), and (I)];
and
(2) practice only at a location that has been issued a
barbershop permit.
SECTION 27. Section 1601.265(a), Occupations Code, is
amended to read as follows:
(a) The department shall issue a license or certificate to
an applicant for a license or certificate issued under Section
1601.253 or [,] 1601.256 [, 1601.258, or 1601.259] if the
applicant:
(1) submits an application on a form prescribed by the
department;
(2) pays the application fee; and
(3) provides proof that the applicant holds a current
license to engage in the same or a similar activity issued by
another jurisdiction that has license requirements substantially
equivalent to those of this state.
SECTION 28. The heading to Subchapter G, Chapter 1601,
Occupations Code, is amended to read as follows:
SUBCHAPTER G. PERMITTING OF BARBERSHOPS [AND SPECIALTY SHOPS]
SECTION 29. Section 1601.301, Occupations Code, is amended
to read as follows:
Sec. 1601.301. PERMIT REQUIRED. (a) A person may not own,
operate, or manage a barbershop or [,] dual shop[, or specialty
shop] unless the person holds the appropriate permit.
(b) Not later than the third day after the date the shop
opens, a person who owns, operates, or manages a barbershop or [,]
dual shop[, or specialty shop] must submit an application to the
department for an appropriate permit for each shop, accompanied by
a fee set by commission rule.
(c) A person who owns, operates, or manages a barbershop or
[,] dual shop[, or specialty shop] may employ a person holding a
student permit under Section 1601.260 to shampoo or condition a
person's hair.
SECTION 30. The heading to Section 1601.308, Occupations
Code, is amended to read as follows:
Sec. 1601.308. TRANSFER OF BARBERSHOP [OR SPECIALTY SHOP]
PERMIT.
SECTION 31. Section 1601.308(b), Occupations Code, is
amended to read as follows:
(b) If the ownership of a barbershop [or specialty shop] is
transferred, the new owner of the shop may continue to operate the
shop if the new owner applies for and obtains a new permit not later
than the 30th day after the date of the transfer.
SECTION 32. Section 1601.402(b), Occupations Code, is
amended to read as follows:
(b) A Class A barber, barber technician, or instructor [,
manicurist, or other licensed specialist] must renew the person's
certificate or license on or before the expiration date.
SECTION 33. Section 1601.405(a), Occupations Code, is
amended to read as follows:
(a) The department may not require a Class A barber, barber
technician, or instructor [, or manicurist] who is serving on
active duty in the United States armed forces to renew the person's
certificate or license.
SECTION 34. The heading to Section 1601.406, Occupations
Code, is amended to read as follows:
Sec. 1601.406. RENEWAL OF BARBERSHOP [OR SPECIALTY SHOP]
PERMIT.
SECTION 35. Section 1601.406(a), Occupations Code, is
amended to read as follows:
(a) A barbershop permit [or specialty shop permit] expires
on the second anniversary of the date of issuance.
SECTION 36. Section 1601.452, Occupations Code, is amended
to read as follows:
Sec. 1601.452. DISPLAY OF SANITATION RULES. Each
barbershop [or specialty shop] shall post in the shop a copy of the
commission's sanitation rules.
SECTION 37. Section 1601.453, Occupations Code, is amended
to read as follows:
Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by
the department may practice barbering only at a location for which
the department has issued a barbershop permit [, specialty shop
permit,] or barber school permit under this chapter or a permit
issued under Chapter 1603.
SECTION 38. Section 1601.454(a), Occupations Code, is
amended to read as follows:
(a) The commission may not adopt rules to restrict or
prohibit practice by a Class A barber [or manicurist] in a facility
solely because the facility is licensed or permitted by the
department under both this chapter and Chapter 1602.
SECTION 39. The heading to Subchapter K, Chapter 1601,
Occupations Code, is amended to read as follows:
SUBCHAPTER K. OPERATION OF BARBERSHOP [AND SPECIALTY SHOP]
SECTION 40. Section 1601.501, Occupations Code, is amended
to read as follows:
Sec. 1601.501. DISPLAY OF SHOP PERMIT. A barbershop [or
specialty shop] permit holder must display the permit in a
conspicuous place in the shop for which the permit is issued.
SECTION 41. Section 1601.504, Occupations Code, is amended
to read as follows:
Sec. 1601.504. NECESSARY EQUIPMENT. The owner, operator,
or manager of a barbershop [or specialty shop] shall equip the shop
with the facilities, supplies, and appliances, furnishings, or
materials necessary to enable a person employed on the premises to
comply with this chapter.
SECTION 42. Section 1601.505, Occupations Code, is amended
to read as follows:
Sec. 1601.505. EMPLOYEE WITH DISEASE. (a) An owner,
operator, or manager of a barbershop [or specialty shop] may not
knowingly permit a person with a communicable skin disease or a
venereal disease to act as a barber or employee or work in the shop.
(b) A person who knows the person has a communicable disease
or a venereal disease may not act as a barber or work in a barbershop
[or specialty shop].
SECTION 43. Section 1601.507, Occupations Code, is amended
to read as follows:
Sec. 1601.507. USE OF SHOP AS SLEEPING QUARTERS. (a) An
owner or manager of a barbershop [or specialty shop] may not permit
a person to sleep in a room used as part of the shop.
(b) A person may not act as a barber or be employed in a
barbershop [or specialty shop] in a room used as sleeping quarters.
SECTION 44. Section 1602.002(a), Occupations Code, is
amended to read as follows:
(a) In this chapter, "cosmetology" means the practice of
performing or offering to perform for compensation any of the
following services:
(1) treating a person's hair by:
(A) providing any method of treatment as a
primary service, including arranging, beautifying, bleaching,
cleansing, coloring, cutting, dressing, dyeing, processing,
[shampooing,] shaping, singeing, straightening, styling, tinting,
or waving;
(B) providing a necessary service that is
preparatory or ancillary to a service under Paragraph (A),
including bobbing, clipping, cutting, or trimming a person's hair
or shaving a person's neck with a safety razor; or
(C) cutting the person's hair as a separate and
independent service for which a charge is directly or indirectly
made separately from charges for any other service; or
(2) [braiding a person's hair;
[(3) shampooing and conditioning a person's hair;
[(4) servicing a person's wig or artificial hairpiece
on a person's head or on a block after the initial retail sale and
servicing in any manner listed in Subdivision (1);
[(5)] treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, trimming,
or shaving with a safety razor[;
[(6) cleansing, stimulating, or massaging a person's
scalp, face, neck, or arms:
[(A) by hand or by using a device, apparatus, or
appliance; and
[(B) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
[(7) beautifying a person's face, neck, or arms using a
cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
clay, cream, or appliance;
[(8) administering facial treatments;
[(9) removing superfluous hair from a person's body
using depilatories, preparations, or tweezing techniques;
[(10) treating a person's nails by:
[(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
[(B) attaching false nails;
[(11) massaging, cleansing, treating, or beautifying
a person's hands or feet;
[(12) applying semipermanent, thread-like extensions
composed of single fibers to a person's eyelashes; or
[(13) weaving a person's hair].
SECTION 45. The heading to Subchapter F, Chapter 1602,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. LICENSE [AND CERTIFICATE] REQUIREMENTS FOR
INDIVIDUALS
SECTION 46. The heading to Section 1602.251, Occupations
Code, is amended to read as follows:
Sec. 1602.251. LICENSE [OR CERTIFICATE] REQUIRED.
SECTION 47. Sections 1602.251(a) and (c), Occupations Code,
are amended to read as follows:
(a) A person may not perform or attempt to perform a
practice of cosmetology unless the person holds a license [or
certificate] to perform that practice.
(c) A person licensed by the department may practice
cosmetology only at a facility operated by a person holding a beauty
shop license, [specialty shop license,] private beauty culture
school license, or other license issued by the department.
SECTION 48. The heading to Section 1602.262, Occupations
Code, is amended to read as follows:
Sec. 1602.262. ISSUANCE OF LICENSE [OR CERTIFICATE].
SECTION 49. Section 1602.268(b), Occupations Code, is
amended to read as follows:
(b) The department may waive any requirement for a license
[or certificate] issued under this chapter, other than a license
listed in Subsection (a), for an applicant holding a license from
another state that has license requirements substantially
equivalent to those of this state.
SECTION 50. Section 1602.301, Occupations Code, is amended
to read as follows:
Sec. 1602.301. FACILITY LICENSE REQUIRED. (a) A person may
not operate a beauty shop, beauty culture school, [specialty shop,]
or other place of business in which cosmetology is taught or
practiced unless the person holds a license to operate that place of
business.
(b) A person may not operate a vocational cosmetology
program in a public school or lease space on the premises of a
beauty shop [, specialty shop,] or dual shop to engage in the
practice of cosmetology as an independent contractor unless the
person holds a license issued under this chapter.
(c) A person who owns, operates, or manages a beauty shop [,
specialty shop,] or dual shop may employ a person holding a student
permit under Section 1602.266 to shampoo or condition a person's
hair.
SECTION 51. Section 1602.303(a), Occupations Code, is
amended to read as follows:
(a) A person holding a private beauty culture school license
may maintain an establishment in which any practice of cosmetology
is taught [, including providing an eyelash extension application
training program described by Section 1602.2572].
SECTION 52. The heading to Section 1602.304, Occupations
Code, is amended to read as follows:
Sec. 1602.304. PUBLIC SECONDARY OR POSTSECONDARY BEAUTY
CULTURE SCHOOL LICENSE [CERTIFICATE].
SECTION 53. Section 1602.306(c), Occupations Code, is
amended to read as follows:
(c) The applicant is entitled to a booth rental license if
the applicant:
(1) pays the application fee set by the commission in
an amount reasonable and necessary to cover the costs of
administering the booth rental licensing program;
(2) complies with commission rules; and
(3) has not committed an act that constitutes a ground
for denial of a license [or certificate].
SECTION 54. The heading to Section 1602.351, Occupations
Code, is amended to read as follows:
Sec. 1602.351. RENEWAL OF LICENSE [OR CERTIFICATE]
REQUIRED.
SECTION 55. Section 1602.351(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsections (b) and (c), a license
[or certificate] issued under this chapter expires on the second
anniversary of the date the license [or certificate] is issued.
SECTION 56. Section 1602.353, Occupations Code, as added by
Chapter 1311 (H.B. 3149), Acts of the 79th Legislature, Regular
Session, 2005, is amended to conform to Section 1602.353,
Occupations Code, as added by Chapter 798 (S.B. 411), Acts of the
79th Legislature, Regular Session, 2005, and further amended to
read as follows:
Sec. 1602.353. INACTIVE STATUS. (a) The holder of a
[certificate or] license issued under this chapter may place the
holder's [certificate or] license on inactive status by:
(1) applying to the commission on a form prescribed by
the commission not later than the 10th day before the date the
[certificate or] license expires; and
(2) paying the required fee.
(b) The holder of a [certificate or] license that has been
placed on inactive status under this section is not required to
comply with continuing education requirements under this chapter.
(c) To maintain inactive status, the holder of a
[certificate or] license must reapply for inactive status on or
before the second anniversary of the date the status is granted by
submitting the required form accompanied by the required renewal
fee.
(d) The holder of a [certificate or] license to practice
cosmetology that has been placed on inactive status under this
section may not perform or attempt to perform the practice of
cosmetology.
(e) The holder of an instructor's license that has been
placed on inactive status may not teach or attempt to teach
cosmetology at a private beauty culture school or in a vocational
cosmetology program in a public school.
(f) The holder of a license to operate a vocational
cosmetology program in a public school, or a beauty shop, beauty
culture school, [specialty shop,] or other place of business in
which cosmetology is taught or practiced under this chapter, may
not employ a person to perform the practice of cosmetology or to
teach as an instructor if the person's [certificate or] license has
been placed on inactive status.
(g) A person whose [certificate or] license is on inactive
status under this section may return the person's [certificate or]
license to active status by:
(1) applying to the commission for reinstatement of
the [certificate or] license on the form prescribed by the
commission;
(2) submitting written documentation that the person
has completed applicable continuing education requirements under
this chapter within the preceding two years; and
(3) paying the required [certificate or] license fee.
(h) A license holder may not employ a person on inactive
status.
(i) The commission may set fees and adopt rules to implement
this section.
SECTION 57. Section 1602.354(a), Occupations Code, is
amended to read as follows:
(a) The commission will by rule recognize, prepare, or
administer continuing education programs for the practice of
cosmetology. Participation in the programs is mandatory for all
license renewals [other than renewal of a shampoo specialty
certificate].
SECTION 58. Section 1602.401, Occupations Code, is amended
to read as follows:
Sec. 1602.401. DISPLAY OF [CERTIFICATE OR] LICENSE. A
person holding a license [or certificate] issued under this chapter
shall display the license [or certificate] in the person's place of
business or employment.
SECTION 59. Section 1602.402, Occupations Code, is amended
to read as follows:
Sec. 1602.402. LICENSE [OR CERTIFICATE] NOT TRANSFERABLE.
A license [or certificate] issued under this chapter is not
transferable.
SECTION 60. Section 1602.403, Occupations Code, is amended
to read as follows:
Sec. 1602.403. EMPLOYMENT OF LICENSE [OR CERTIFICATE]
HOLDER. (a) A private beauty culture school may not employ:
(1) a person holding an operator license [, manicurist
specialty license, or specialty certificate] solely to perform [the
practices of] cosmetology [for which the person is licensed or
certified]; or
(2) a person holding an instructor license to perform
any act or practice of cosmetology.
(b) [(c)] A person holding a beauty shop license [or
specialty shop license] may not employ:
(1) a person as an operator [or specialist] or lease to
a person who acts as an operator [or specialist] unless the person
holds a license or certificate under this chapter or under Chapter
1601; or
(2) a person to shampoo or condition a person's hair
unless the person holds a [shampoo apprentice permit or] student
permit.
SECTION 61. Section 1602.404, Occupations Code, is amended
to read as follows:
Sec. 1602.404. OPERATING CERTAIN SHOPS OR SCHOOLS ON SINGLE
PREMISES. A person may not operate a beauty shop [, specialty
shop,] or private beauty culture school on the same premises as
another one of those facilities unless the facilities are separated
by walls of permanent construction without an opening between the
facilities.
SECTION 62. Section 1602.406, Occupations Code, is amended
to read as follows:
Sec. 1602.406. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A
person holding an operator license or [,] instructor license [, or
specialty certificate] may not perform any practice of cosmetology
if the person knows the person is suffering from an infectious or
contagious disease for which the person is not entitled to
protection under the federal Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et seq.).
(b) A person holding a beauty shop license, [specialty shop
license,] private beauty culture school license, or license to
operate a vocational cosmetology program in a public school may not
employ a person to perform any practice of cosmetology if the
license holder knows that the person is suffering from an
infectious or contagious disease for which the person is not
entitled to protection under the Americans with Disabilities Act of
1990.
SECTION 63. Section 1602.407(b), Occupations Code, is
amended to read as follows:
(b) A person holding a license [, certificate,] or permit
under this chapter may perform a service within the scope of the
license [, certificate,] or permit at a location other than a
licensed facility for a client who, because of illness or physical
or mental incapacitation, is unable to receive the services at a
licensed facility.
SECTION 64. Section 1602.451(a), Occupations Code, is
amended to read as follows:
(a) The holder of a private beauty culture school license
shall:
(1) maintain a sanitary establishment;
(2) maintain on duty one licensed instructor for each
25 students in attendance;
(3) maintain a daily record of students' attendance;
(4) establish regular class and instruction hours and
grades;
(5) require a school term of not less than nine months
and not less than 1,500 hours instruction for a complete course in
cosmetology;
(6) [require a school term of not less than 600 hours
instruction for a complete course in manicuring;
[(7)] hold examinations before issuing diplomas;
(7) [(8)] maintain a copy of the school's curriculum
in a conspicuous place and verify that the curriculum is being
followed;
(8) [(9)] publish in the school's catalogue and
enrollment contract a description of the refund policy required
under Section 1602.458; and
(9) [(10)] provide the department with information
on:
(A) the current course completion rates of
students who attend a course of instruction offered by the school;
and
(B) job placement rates and employment rates of
students who complete the course of instruction.
SECTION 65. Section 1602.456(c), Occupations Code, is
amended to read as follows:
(c) If a private beauty culture school or public school
violates this section, the license of the [private beauty culture
school or the certificate of the public] school may be revoked or
suspended.
SECTION 66. Section 1702.021(a), Occupations Code, is
amended to read as follows:
(a) The Texas Private Security Board consists of seven
members appointed by the governor with the advice and consent of the
senate as follows:
(1) four [three] public members, each of whom is a
citizen of the United States;
(2) one member who is licensed under this chapter as a
private investigator;
(3) one member who is licensed under this chapter as an
alarm systems company; and
(4) one member who is licensed under this chapter as
the owner or operator of a guard company [; and
[(5) one member who is licensed under this chapter as a
locksmith].
SECTION 67. Section 1702.102(a), Occupations Code, is
amended to read as follows:
(a) Unless the person holds a license as a security services
contractor, a person may not:
(1) act as an alarm systems company, armored car
company, courier company, guard company, guard dog company,
[locksmith company,] or private security consultant company;
(2) offer to perform the services of a company in
Subdivision (1); or
(3) engage in business activity for which a license is
required under this chapter.
SECTION 68. Section 1702.221(b), Occupations Code, is
amended to read as follows:
(b) An individual must obtain the appropriate endorsement
in accordance with the requirements of this chapter and related
administrative rules if the individual:
(1) is employed as:
(A) an alarm instructor;
(B) an alarm systems installer;
(C) an alarm systems monitor;
(D) an electronic access control device
installer;
(E) a level 3 classroom or firearm instructor;
(F) [a locksmith;
[(G) a dog trainer;
[(H)] a manager or branch office manager;
(G) [(I)] a noncommissioned security officer;
(H) [(J)] a level 4 personal protection
instructor;
(I) [(K)] a private investigator;
(J) [(L)] a private security consultant;
(K) [(M)] a security salesperson; or
(L) [(N)] an individual whose duties include
performing another activity for which an endorsement is required
under Subsection (e); or
(2) is an owner who oversees the security-related
aspects of the business, officer, partner, or shareholder of a
license holder.
SECTION 69. Section 1702.283, Occupations Code, is amended
to read as follows:
Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
convicted of cruelty to animals under Section 42.09 or 42.092,
Penal Code:
(1) is ineligible for a license as a guard dog company
[or for endorsement as a dog trainer]; and
(2) may not be employed to work with dogs as a security
officer by a security services contractor or security department of
a private business that uses dogs to protect individuals or
property or to conduct investigations.
SECTION 70. Section 1702.301(d), Occupations Code, is
amended to read as follows:
(d) Endorsement as a private investigator, manager, branch
office manager, alarm systems installer, security consultant,
security salesperson, or alarm systems monitor [, or dog trainer]
expires on the second anniversary of the date of endorsement.
SECTION 71. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor while selling equipment intended for resale;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a person who is engaged in the business of
psychological testing or other testing and interviewing services,
including services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes;
(5) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) a licensed engineer practicing engineering or
directly supervising engineering practice under Chapter 1001,
including forensic analysis, burglar alarm system engineering, and
necessary data collection;
(7) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and
scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition;
(11) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person;
(12) a person who on the person's own property or on
property owned or managed by the person's employer:
(A) installs, changes, or repairs a mechanical
security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission;
(14) a person or firm licensed as an accountant or
accounting firm under Chapter 901, an owner of an accounting firm,
or an employee of an accountant or accounting firm while performing
services regulated under Chapter 901;
(15) a retailer, wholesaler, or other person who sells
mechanical security devices, including locks and deadbolts, but who
does not [:
[(A)] service mechanical security devices for
the public outside of the person's premises; [or
[(B) claim to act as a locksmith;]
(16) an employee while performing investigative
services that would otherwise be subject to this chapter for an
entity regulated by the:
(A) Texas Department of Insurance;
(B) Office of Thrift Supervision;
(C) Securities and Exchange Commission;
(D) Federal Deposit Insurance Corporation; or
(E) Financial Industry Regulatory Authority;
(17) a social worker who holds a license issued under
Chapter 505 who is engaged in the practice of social work;
(18) persons licensed under Chapter 1101, an
association thereof, their authorized agents, or a multiple listing
service, engaged in the business of selling, maintaining,
repairing, programming, or placing lockboxes used for accessing
real property; or
(19) an automobile club that holds a certificate of
authority under Chapter 722, Transportation Code, its
subcontractor, or a business that provides similar services, that
unlocks a vehicle at the request of the owner or operator of the
vehicle [and that does not otherwise perform a locksmith service].
SECTION 72. Section 2302.001(6), Occupations Code, is
amended to read as follows:
(6) "Salvage vehicle agent" means a person who
acquires, sells, or otherwise deals in nonrepairable or salvage
motor vehicles in this state as directed by a [the] salvage vehicle
dealer [under whose license the person operates]. [The term does
not include a person who:
[(A) is a licensed salvage vehicle dealer or a
licensed used automotive parts recycler;
[(B) is a partner, owner, or officer of a
business entity that holds a salvage vehicle dealer license or a
used automotive parts recycler license;
[(C) is an employee of a licensed salvage vehicle
dealer or a licensed used automotive parts recycler; or
[(D) only transports salvage motor vehicles for a
licensed salvage vehicle dealer or a licensed used automotive parts
recycler].
SECTION 73. Section 2302.0015(a), Occupations Code, is
amended to read as follows:
(a) A person consents to an entry or inspection described by
Subsection (b) by [:
[(1) accepting a license under this chapter; or
[(2)] engaging in a business or activity regulated
under this chapter.
SECTION 74. Section 2302.053(a), Occupations Code, is
amended to read as follows:
(a) The board may not adopt a rule under Section 2302.051
restricting advertising or competitive bidding by a person engaging
in a business or activity regulated under this chapter [who holds a
license issued under this chapter] except to prohibit false,
misleading, or deceptive practices by the person.
SECTION 75. Section 2302.351(b), Occupations Code, is
amended to read as follows:
(b) If a salvage vehicle dealer, an employee of the dealer
acting in the course of employment, or a salvage vehicle agent of
[operating under] the dealer [dealer's license] is convicted of
more than one offense under Section 2302.353(a), the district
attorney for a county in which the dealer's salvage business is
located may bring an action in that county to enjoin the dealer's
business operations for a period of at least one year.
SECTION 76. Section 2308.151, Occupations Code, is amended
to read as follows:
Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
an appropriate license under this subchapter, a person may not:
(1) perform towing operations;
(2) operate a towing company; or
(3) [perform booting operations; or
[(4)] operate a booting company.
SECTION 77. The following laws are repealed:
(1) Section 469.002(7), Government Code;
(2) Sections 1051.001(3) and (4), Occupations Code;
(3) Section 1051.604, Occupations Code;
(4) Chapter 1053, Occupations Code;
(5) Section 1601.001(7), Occupations Code;
(6) Section 1601.254(c), Occupations Code;
(7) Section 1601.257, Occupations Code;
(8) Section 1601.258, Occupations Code;
(9) Section 1601.259, Occupations Code;
(10) Section 1601.261, Occupations Code;
(11) Section 1601.262, Occupations Code;
(12) Section 1601.263, Occupations Code;
(13) Section 1601.304, Occupations Code;
(14) Section 1601.305, Occupations Code;
(15) Section 1601.309, Occupations Code;
(16) Section 1601.406(c), Occupations Code;
(17) Section 1602.255(c), Occupations Code;
(18) Section 1602.256, Occupations Code;
(19) Section 1602.257, Occupations Code;
(20) Section 1602.2571, Occupations Code;
(21) Section 1602.2572, Occupations Code;
(22) Section 1602.258, Occupations Code;
(23) Section 1602.259, Occupations Code;
(24) Section 1602.260, Occupations Code;
(25) Section 1602.261, Occupations Code;
(26) Section 1602.262(b), Occupations Code;
(27) Section 1602.267, Occupations Code;
(28) Section 1602.305, Occupations Code;
(29) Section 1602.353, Occupations Code, as added by
Chapter 798 (S.B. 411), Acts of the 79th Legislature, Regular
Session, 2005;
(30) Section 1603.352, Occupations Code;
(31) Section 1702.1056, Occupations Code;
(32) Section 1702.2227, Occupations Code;
(33) Section 1702.225, Occupations Code
(34) Section 1702.2865, Occupations Code;
(35) Chapter 1802, Occupations Code;
(36) Section 2302.052, Occupations Code;
(37) Subchapter C, Chapter 2302, Occupations Code;
(38) Subchapter D, Chapter 2302, Occupations Code;
(39) Section 2302.203, Occupations Code;
(40) Section 2302.354, Occupations Code;
(41) Section 2303.1016(a), Occupations Code;
(42) Section 2308.1521, Occupations Code;
(43) Section 2308.153, Occupations Code;
(44) Section 2308.154, Occupations Code;
(45) Section 2308.155, Occupations Code;
(46) Section 2308.1551(b), Occupations Code;
(47) Section 2308.1555, Occupations Code; and
(48) Section 2308.157(c), Occupations Code.
SECTION 78. (a) The changes in law made by this Act do not
affect the validity of a proceeding pending before a court or other
governmental entity on the effective date of this Act.
(b) An offense or other violation of law committed before
the effective date of this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
(c) On the effective date of this Act:
(1) the term of the interior designer member of the
Texas Board of Architectural Examiners expires;
(2) the governor shall designate one public member of
the Texas Board of Architectural Examiners whose term shall expire;
(3) the term of the locksmith member of the Texas
Private Security Board expires; and
(4) a license, certificate, registration,
endorsement, or other authorization issued under a law that is
repealed by this Act expires.
SECTION 79. Not later than December 1, 2015, the governor
shall appoint one member to the Texas Private Security Board so as
to comply with the membership requirements of Section 1702.021(a),
Occupations Code, as amended by this Act.
SECTION 80. This Act takes effect September 1, 2015.