85R5201 TSR-D
By: Hernandez H.B. No. 1104
A BILL TO BE ENTITLED
AN ACT
relating to sexual assault and domestic violence awareness training
and reporting by cosmetology license holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1602.254(b) and (c), Occupations Code,
are amended to read as follows:
(b) To be eligible for an operator license, an applicant
must meet the requirements of Subsection (c) or:
(1) be at least 17 years of age;
(2) have obtained a high school diploma or the
equivalent of a high school diploma or have passed a valid
examination administered by a certified testing agency that
measures the person's ability to benefit from training; [and]
(3) have completed:
(A) 1,500 hours of instruction in a licensed
beauty culture school; or
(B) 1,000 hours of instruction in beauty culture
courses and 500 hours of related high school courses prescribed by
the commission in a vocational cosmetology program in a public
school; and
(4) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
(c) The commission shall adopt rules for the issuance of an
operator license under this section to a person who holds a Class A
barber certificate. The department shall issue the license to an
applicant who:
(1) holds an active Class A barber certificate;
(2) completes 300 hours of instruction in cosmetology
through a commission-approved training program in a cosmetology
school;
(3) completes a sexual assault and domestic violence
education program established or approved by the commission under
Section 1602.263;
(4) [(3)] passes the examination required under
Section 1602.262; and
(5) [(4)] submits to the department:
(A) an application on a form prescribed by the
department; and
(B) the required fee.
SECTION 2. Section 1602.256(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a manicurist specialty license, an
applicant must:
(1) be at least 17 years of age;
(2) have obtained a high school diploma or the
equivalent of a high school diploma or have passed a valid
examination administered by a certified testing agency that
measures the person's ability to benefit from training; [and]
(3) have completed 600 hours of instruction in
manicuring through a commission-approved training program; and
(4) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 3. Section 1602.257(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for an esthetician specialty license, an
applicant must:
(1) be at least 17 years of age;
(2) have obtained a high school diploma or the
equivalent of a high school diploma or have passed a valid
examination administered by a certified testing agency that
measures the person's ability to benefit from training; [and]
(3) have completed 750 hours of instruction in
esthetics specialty through a commission-approved training
program; and
(4) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 4. Section 1602.2571(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a specialty license in eyelash
extension application, an applicant must:
(1) be at least 17 years of age;
(2) have obtained a high school diploma or the
equivalent of a high school diploma or have passed a valid
examination administered by a certified testing agency that
measures the person's ability to benefit from training; [and]
(3) have completed a training program described by
Section 1602.2572 that has been approved by the commission; and
(4) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 5. Section 1602.259(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a hair weaving specialty certificate,
an applicant must:
(1) be at least 17 years of age; [and]
(2) have the necessary requisites as determined by the
department in the particular specialty for which certification is
sought, including training through a commission-approved training
program; and
(3) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 6. Section 1602.260(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a wig specialty certificate, an
applicant must:
(1) be at least 17 years of age; [and]
(2) have the necessary requisites as determined by the
department in the particular specialty for which certification is
sought, including training through a commission-approved training
program; and
(3) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 7. Section 1602.261(c), Occupations Code, is
amended to read as follows:
(c) An applicant who qualifies under Subsection (b)(3)(B)
must:
(1) either:
(A) have obtained a high school diploma or a high
school equivalency certificate; or
(B) have passed a valid examination administered
by a certified testing agency that measures the person's ability to
benefit from training; [and]
(2) have completed:
(A) 1,200 hours of instruction in a
manicure/esthetics specialty curriculum in a commission-approved
training program; or
(B) 600 hours of instruction in a manicure
curriculum and 750 hours of instruction in an esthetics curriculum
in commission-approved training programs; and
(3) have completed a sexual assault and domestic
violence education program established or approved by the
commission under Section 1602.263.
SECTION 8. Subchapter F, Chapter 1602, Occupations Code, is
amended by adding Section 1602.263 to read as follows:
Sec. 1602.263. SEXUAL ASSAULT AND DOMESTIC VIOLENCE
EDUCATION PROGRAM. (a) The commission shall adopt rules to
establish or approve an education program on sexual assault and
domestic violence awareness and support. A program established or
approved under this section must be one hour in duration and may be
provided as an online course.
(b) The commission may adopt rules relating to the standards
for approval of a program described by Subsection (a), including
the content and provider of the program.
(c) An applicant for the issuance or renewal of a license or
certificate issued under this chapter who is required to complete a
program established or approved under this section shall verify
completion of the program in the manner provided by commission
rule.
SECTION 9. Section 1602.354, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) As part of the continuing education programs under
Subsection (a), a person who holds a license or certificate issued
under Subchapter F must complete a sexual assault and domestic
violence education program that is established or approved by the
commission under Section 1602.263. The commission may waive
compliance with this subsection if:
(1) the commission determines that completion of the
requirement will cause the person substantial financial hardship;
(2) the person is serving in the United States armed
forces; or
(3) the person is incapacitated due to illness.
SECTION 10. Subchapter I, Chapter 1602, Occupations Code,
is amended by adding Section 1602.408 to read as follows:
Sec. 1602.408. IMMUNITY FROM LIABILITY. A person who has
completed the education program under Section 1602.263 when
required by Subchapter F and Section 1602.354(c), or that person's
employer, is immune from civil and criminal liability for
reporting, in good faith, information obtained during the course
and scope of the person's employment that relates to a potential act
of sexual assault or domestic violence.
SECTION 11. (a) Not later than September 1, 2018, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement the changes in law made by this Act to Chapter 1602,
Occupations Code.
(b) The changes in law made by this Act apply only to an
application for the issuance or renewal of a license or certificate
that is filed with the Texas Department of Licensing and Regulation
on or after September 1, 2018. An application for the issuance or
renewal of a license or certificate that is filed before that date
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 12. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2017.
(b) Section 1602.408, Occupations Code, as added by this
Act, takes effect September 1, 2018.