Texas 2017 - 85th Regular

Texas House Bill HB2739 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hernandez (Senate Sponsor - Zaffirini) H.B. No. 2739
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 8, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2739
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the regulation of barber schools, private beauty
12	6		culture schools, and other facilities used to teach or perform the
13	7		practice of barbering or cosmetology.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 1601.353, Occupations Code, is amended
16	10		to read as follows:
17	11		Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. (a) The
18	12		department may approve an application for a permit for a barber
19	13		school that offers instruction to persons seeking a certificate
20	14		under Section 1601.253 if the school:
21	15		(1) is located in:
22	16		(A) a municipality with a population of more than
23	17		50,000 that has a building of permanent construction containing at
24	18		least 2,000 square feet of floor space, including classroom and
25	19		practical areas, covered in a hard-surface floor-covering of tile
26	20		or other suitable material; or
27	21		(B) a municipality with a population of 50,000 or
28	22		less or an unincorporated area of a county that has a building of
29	23		permanent construction containing at least 1,000 square feet of
30	24		floor space, including classroom and practical areas, covered in a
31	25		hard-surface floor-covering of tile or other suitable material;
32	26		(2) has the following equipment:
33	27		(A) at least 10 student workstations that include
34	28		a chair that reclines, a back bar, and a wall mirror;
35	29		(B) a sink behind every two workstations;
36	30		(C) adequate lighting for each room;
37	31		(D) at least 10 classroom chairs and other
38	32		materials necessary to teach the required subjects; and
39	33		(E) access to permanent restrooms and adequate
40	34		drinking fountain facilities; and
41	35		(3) meets any other requirement set by the commission.
42	36		(b) The department may approve an application for a permit
43	37		for a barber school that offers instruction to persons seeking a
44	38		certificate, license, or permit under this chapter, other than a
45	39		certificate under Section 1601.253, if the school:
46	40		(1) has adequate space, equipment, and instructional
47	41		material, as determined by the commission, to provide quality
48	42		classroom training; and
49	43		(2) meets any other requirement set by the commission.
50	44		(c) A barber school that satisfies the requirements of
51	45		Subsection (a) may offer instruction in barbering to persons
52	46		seeking any certificate, license, or permit under this chapter.
53	47		(d) Instruction received at a barber school subject to
54	48		Subsection (b) may not be used to satisfy the requirements to obtain
55	49		a Class A barber certificate under Section 1601.253.
56	50		SECTION 2. Section 1602.303, Occupations Code, is amended
57	51		to read as follows:
58	52		Sec. 1602.303. PRIVATE BEAUTY CULTURE SCHOOL LICENSE.
59	53		(a) [A person holding a private beauty culture school license may
60	54		maintain an establishment in which any practice of cosmetology is
61	55		taught, including providing an eyelash extension application
62	56		training program described by Section 1602.2572.
63	57		[(b)] An application for a private beauty culture school
64	58		license to instruct persons seeking a license under Section
65	59		1602.254 must be accompanied by the required license fee and
66	60		inspection fee and:
67	61		(1) be on a form prescribed by the department;
68	62		(2) be verified by the applicant; and
69	63		(3) contain a statement that the building:
70	64		(A) is of permanent construction and is divided
71	65		into at least two separate areas:
72	66		(i) one area for instruction in theory; and
73	67		(ii) one area for clinic work;
74	68		(B) contains a minimum of:
75	69		(i) 2,800 square feet of floor space if the
76	70		building is located in a county with a population of more than
77	71		100,000; or
78	72		(ii) 1,800 square feet of floor space if the
79	73		building is located in a county with a population of 100,000 or
80	74		less;
81	75		(C) has access to permanent restrooms and
82	76		adequate drinking fountain facilities; and
83	77		(D) contains, or will contain before classes
84	78		begin, the equipment established by commission rule as sufficient
85	79		to properly instruct a minimum of 10 students.
86	80		(b) An application for a private beauty culture school
87	81		license to instruct persons seeking a license or certificate under
88	82		this chapter, other than a license under Section 1602.254, must be
89	83		accompanied by the required license fee and inspection fee and:
90	84		(1) be on a form prescribed by the department;
91	85		(2) be verified by the applicant;
92	86		(3) contain a statement that the building:
93	87		(A) is of permanent construction and is divided
94	88		into at least two separate areas:
95	89		(i) one area for instruction in theory; and
96	90		(ii) one area for clinic work;
97	91		(B) has adequate space, equipment, and
98	92		instructional material, as determined by the commission, to provide
99	93		quality classroom training; and
100	94		(C) has access to permanent restrooms and
101	95		adequate drinking fountain facilities; and
102	96		(4) meet any other requirement set by the commission.
103	97		(c) The applicant is entitled to a private beauty culture
104	98		school license if:
105	99		(1) the department determines that the applicant is
106	100		financially sound and capable of fulfilling the school's
107	101		commitments for training;
108	102		(2) the applicant's facilities pass an inspection
109	103		conducted by the department under Section 1603.103; [and]
110	104		(3) the applicant has not committed an act that
111	105		constitutes a ground for denial of a license; and
112	106		(4) the applicant meets any other requirement set by
113	107		the commission.
114	108		(d) A private beauty culture school that satisfies the
115	109		requirements of Subsection (a) may offer instruction in cosmetology
116	110		to persons seeking any license or certificate under this chapter.
117	111		(e) Instruction received at a private beauty culture school
118	112		subject to Subsection (b) may not be used to satisfy the
119	113		requirements to obtain an operator license under Section 1602.254.
120	114		SECTION 3. The heading to Section 1603.104, Occupations
121	115		Code, is amended to read as follows:
122	116		Sec. 1603.104. PERIODIC [AND RISK-BASED] INSPECTIONS.
123	117		SECTION 4. Sections 1603.104(c) and (e), Occupations Code,
124	118		are repealed.
125	119		SECTION 5. As soon as practicable after the effective date
126	120		of this Act, the Texas Commission of Licensing and Regulation shall
127	121		adopt rules to implement Sections 1601.353 and 1602.303,
128	122		Occupations Code, as amended by this Act.
129	123		SECTION 6. This Act takes effect September 1, 2017.
130		-	* * * * *
	124	+	______________________________ ______________________________
	125	+	President of the Senate Speaker of the House
	126	+	I certify that H.B. No. 2739 was passed by the House on May 4,
	127	+	2017, by the following vote: Yeas 142, Nays 1, 2 present, not
	128	+	voting.
	129	+	______________________________
	130	+	Chief Clerk of the House
	131	+	I certify that H.B. No. 2739 was passed by the Senate on May
	132	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	133	+	______________________________
	134	+	Secretary of the Senate
	135	+	APPROVED: _____________________
	136	+	Date
	137	+	_____________________
	138	+	Governor