| 1 | 1 | | 2017S0286-1 02/21/17 |
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| 2 | 2 | | By: Goldman H.B. No. 2407 |
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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 the regulation of the hours of instruction for |
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| 8 | 8 | | cosmetology licensing. |
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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 1602.254(b), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) To be eligible for an operator license, an applicant |
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| 13 | 13 | | must meet the requirements of Subsection (c) or: |
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| 14 | 14 | | (1) be at least 17 years of age; |
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| 15 | 15 | | (2) have obtained a high school diploma or the |
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| 16 | 16 | | equivalent of a high school diploma or have passed a valid |
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| 17 | 17 | | examination administered by a certified testing agency that |
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| 18 | 18 | | measures the person's ability to benefit from training; and |
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| 19 | 19 | | (3) have completed: |
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| 20 | 20 | | (A) 1,000 [1,500] hours of instruction in a |
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| 21 | 21 | | licensed beauty culture school; or |
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| 22 | 22 | | (B) 1,000 hours of instruction in beauty culture |
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| 23 | 23 | | courses and 500 hours of related high school courses prescribed by |
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| 24 | 24 | | the commission in a vocational cosmetology program in a public |
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| 25 | 25 | | school. |
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| 26 | 26 | | SECTION 2. Section 1602.451(a), Occupations Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (a) The holder of a private beauty culture school license |
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| 29 | 29 | | shall: |
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| 30 | 30 | | (1) maintain a sanitary establishment; |
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| 31 | 31 | | (2) maintain on duty one licensed instructor for each |
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| 32 | 32 | | 25 students in attendance; |
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| 33 | 33 | | (3) maintain a daily record of students' attendance; |
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| 34 | 34 | | (4) establish regular class and instruction hours and |
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| 35 | 35 | | grades; |
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| 36 | 36 | | (5) require a school term of not less than six [nine] |
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| 37 | 37 | | months and not less than 1,000 [1,500] hours instruction for a |
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| 38 | 38 | | complete course in cosmetology; |
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| 39 | 39 | | (6) require a school term of not less than 600 hours |
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| 40 | 40 | | instruction for a complete course in manicuring; |
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| 41 | 41 | | (7) hold examinations before issuing diplomas; |
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| 42 | 42 | | (8) maintain a copy of the school's curriculum in a |
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| 43 | 43 | | conspicuous place and verify that the curriculum is being followed; |
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| 44 | 44 | | (9) publish in the school's catalogue and enrollment |
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| 45 | 45 | | contract a description of the refund policy required under Section |
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| 46 | 46 | | 1602.458; and |
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| 47 | 47 | | (10) provide the department with information on: |
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| 48 | 48 | | (A) the current course completion rates of |
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| 49 | 49 | | students who attend a course of instruction offered by the school; |
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| 50 | 50 | | and |
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| 51 | 51 | | (B) job placement rates and employment rates of |
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| 52 | 52 | | students who complete the course of instruction. |
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| 53 | 53 | | SECTION 3. Section 1603.255, Occupations Code, is amended |
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| 54 | 54 | | to read as follows: |
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| 55 | 55 | | Sec. 1603.255. EARLY EXAMINATION. The department may allow |
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| 56 | 56 | | for the early written examination of a student who has completed the |
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| 57 | 57 | | following number of hours of instruction in a department-approved |
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| 58 | 58 | | training program: |
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| 59 | 59 | | (1) 1,000 hours for a student seeking a Class A barber |
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| 60 | 60 | | certificate [or operator license] in a private barber [or |
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| 61 | 61 | | cosmetology] school; [or] |
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| 62 | 62 | | (2) 900 hours for a student seeking an operator |
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| 63 | 63 | | license in a private cosmetology school; or |
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| 64 | 64 | | (3) 900 hours for a student seeking a Class A barber |
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| 65 | 65 | | certificate or operator license in a publicly funded barber or |
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| 66 | 66 | | cosmetology school. |
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| 67 | 67 | | SECTION 4. As soon as practicable after the effective date |
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| 68 | 68 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 69 | 69 | | adopt rules implementing Chapter 1602, Occupations Code, as amended |
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| 70 | 70 | | by this Act. |
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| 71 | 71 | | SECTION 5. The change in law made by this Act to Section |
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| 72 | 72 | | 1602.254(b), Occupations Code, applies only to an application for |
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| 73 | 73 | | an operator license submitted on or after September 1, 2018. An |
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| 74 | 74 | | application for an operator license submitted before that date is |
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| 75 | 75 | | governed by the law in effect on the date the application was |
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| 76 | 76 | | submitted, and the former law is continued in effect for that |
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| 77 | 77 | | purpose. |
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| 78 | 78 | | SECTION 6. (a) The changes in law made by this Act do not |
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| 79 | 79 | | affect the validity of a proceeding pending before the court or |
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| 80 | 80 | | other governmental entity on the effective date of this Act. |
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| 81 | 81 | | (b) An offense or other violation of law committed before |
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| 82 | 82 | | the effective date of this Act is governed by the law in effect when |
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| 83 | 83 | | the offense or violation was committed, and the former law is |
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| 84 | 84 | | continued in effect for that purpose. For purposes of this |
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| 85 | 85 | | subsection, an offense or violation was committed before the |
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| 86 | 86 | | effective date of this Act if any element of the offense or |
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| 87 | 87 | | violation occurred before that date. |
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| 88 | 88 | | SECTION 7. This Act takes effect September 1, 2017. |
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