2017S0286-1 02/21/17 By: Goldman H.B. No. 2407 A BILL TO BE ENTITLED AN ACT relating to the regulation of the hours of instruction for cosmetology licensing. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1602.254(b), Occupations Code, is 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) 1,000 [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. SECTION 2. 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 six [nine] months and not less than 1,000 [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; (8) maintain a copy of the school's curriculum in a conspicuous place and verify that the curriculum is being followed; (9) publish in the school's catalogue and enrollment contract a description of the refund policy required under Section 1602.458; and (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 3. Section 1603.255, Occupations Code, is amended to read as follows: Sec. 1603.255. EARLY EXAMINATION. The department may allow for the early written examination of a student who has completed the following number of hours of instruction in a department-approved training program: (1) 1,000 hours for a student seeking a Class A barber certificate [or operator license] in a private barber [or cosmetology] school; [or] (2) 900 hours for a student seeking an operator license in a private cosmetology school; or (3) 900 hours for a student seeking a Class A barber certificate or operator license in a publicly funded barber or cosmetology school. SECTION 4. As soon as practicable after the effective date of this Act, the Texas Commission of Licensing and Regulation shall adopt rules implementing Chapter 1602, Occupations Code, as amended by this Act. SECTION 5. The change in law made by this Act to Section 1602.254(b), Occupations Code, applies only to an application for an operator license submitted on or after September 1, 2018. An application for an operator license submitted before that date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose. SECTION 6. (a) The changes in law made by this Act do not affect the validity of a proceeding pending before the 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. SECTION 7. This Act takes effect September 1, 2017.