By: Hernandez (Senate Sponsor - Zaffirini) H.B. No. 2739
(In the Senate - Received from the House May 5, 2017;
May 8, 2017, read first time and referred to Committee on Business &
Commerce; May 21, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barber schools, private beauty
culture schools, and other facilities used to teach or perform the
practice of barbering or cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1601.353, Occupations Code, is amended
to read as follows:
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. (a) The
department may approve an application for a permit for a barber
school that offers instruction to persons seeking a certificate
under Section 1601.253 if the school:
(1) is located in:
(A) a municipality with a population of more than
50,000 that has a building of permanent construction containing at
least 2,000 square feet of floor space, including classroom and
practical areas, covered in a hard-surface floor-covering of tile
or other suitable material; or
(B) a municipality with a population of 50,000 or
less or an unincorporated area of a county that has a building of
permanent construction containing at least 1,000 square feet of
floor space, including classroom and practical areas, covered in a
hard-surface floor-covering of tile or other suitable material;
(2) has the following equipment:
(A) at least 10 student workstations that include
a chair that reclines, a back bar, and a wall mirror;
(B) a sink behind every two workstations;
(C) adequate lighting for each room;
(D) at least 10 classroom chairs and other
materials necessary to teach the required subjects; and
(E) access to permanent restrooms and adequate
drinking fountain facilities; and
(3) meets any other requirement set by the commission.
(b) The department may approve an application for a permit
for a barber school that offers instruction to persons seeking a
certificate, license, or permit under this chapter, other than a
certificate under Section 1601.253, if the school:
(1) has adequate space, equipment, and instructional
material, as determined by the commission, to provide quality
classroom training; and
(2) meets any other requirement set by the commission.
(c) A barber school that satisfies the requirements of
Subsection (a) may offer instruction in barbering to persons
seeking any certificate, license, or permit under this chapter.
(d) Instruction received at a barber school subject to
Subsection (b) may not be used to satisfy the requirements to obtain
a Class A barber certificate under Section 1601.253.
SECTION 2. Section 1602.303, Occupations Code, is amended
to read as follows:
Sec. 1602.303. PRIVATE BEAUTY CULTURE SCHOOL LICENSE.
(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.
[(b)] An application for a private beauty culture school
license to instruct persons seeking a license under Section
1602.254 must be accompanied by the required license fee and
inspection fee and:
(1) be on a form prescribed by the department;
(2) be verified by the applicant; and
(3) contain a statement that the building:
(A) is of permanent construction and is divided
into at least two separate areas:
(i) one area for instruction in theory; and
(ii) one area for clinic work;
(B) contains a minimum of:
(i) 2,800 square feet of floor space if the
building is located in a county with a population of more than
100,000; or
(ii) 1,800 square feet of floor space if the
building is located in a county with a population of 100,000 or
less;
(C) has access to permanent restrooms and
adequate drinking fountain facilities; and
(D) contains, or will contain before classes
begin, the equipment established by commission rule as sufficient
to properly instruct a minimum of 10 students.
(b) An application for a private beauty culture school
license to instruct persons seeking a license or certificate under
this chapter, other than a license under Section 1602.254, must be
accompanied by the required license fee and inspection fee and:
(1) be on a form prescribed by the department;
(2) be verified by the applicant;
(3) contain a statement that the building:
(A) is of permanent construction and is divided
into at least two separate areas:
(i) one area for instruction in theory; and
(ii) one area for clinic work;
(B) has adequate space, equipment, and
instructional material, as determined by the commission, to provide
quality classroom training; and
(C) has access to permanent restrooms and
adequate drinking fountain facilities; and
(4) meet any other requirement set by the commission.
(c) The applicant is entitled to a private beauty culture
school license if:
(1) the department determines that the applicant is
financially sound and capable of fulfilling the school's
commitments for training;
(2) the applicant's facilities pass an inspection
conducted by the department under Section 1603.103; [and]
(3) the applicant has not committed an act that
constitutes a ground for denial of a license; and
(4) the applicant meets any other requirement set by
the commission.
(d) A private beauty culture school that satisfies the
requirements of Subsection (a) may offer instruction in cosmetology
to persons seeking any license or certificate under this chapter.
(e) Instruction received at a private beauty culture school
subject to Subsection (b) may not be used to satisfy the
requirements to obtain an operator license under Section 1602.254.
SECTION 3. The heading to Section 1603.104, Occupations
Code, is amended to read as follows:
Sec. 1603.104. PERIODIC [AND RISK-BASED] INSPECTIONS.
SECTION 4. Sections 1603.104(c) and (e), Occupations Code,
are repealed.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt rules to implement Sections 1601.353 and 1602.303,
Occupations Code, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2017.
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