| 1 | 1 | | 85R12503 JCG-F |
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| 2 | 2 | | By: Schaefer H.B. No. 3278 |
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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 certain requirements for barber schools and private |
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| 8 | 8 | | beauty culture schools. |
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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 1601.353, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. The |
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| 13 | 13 | | department may approve an application for a permit for a barber |
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| 14 | 14 | | school if the school meets the health and safety standards |
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| 15 | 15 | | established by the commission. The commission may not establish |
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| 16 | 16 | | building or facility standards that are not related to health and |
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| 17 | 17 | | safety, including a requirement that a facility have a specific: |
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| 18 | 18 | | (1) square footage of floor space [is located in: |
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| 19 | 19 | | [(A) a municipality with a population of more |
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| 20 | 20 | | than 50,000 that has a building of permanent construction |
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| 21 | 21 | | containing at least 2,000 square feet of floor space, including |
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| 22 | 22 | | classroom and practical areas, covered in a hard-surface |
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| 23 | 23 | | floor-covering of tile or other suitable material; or |
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| 24 | 24 | | [(B) a municipality with a population of 50,000 |
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| 25 | 25 | | or less or an unincorporated area of a county that has a building of |
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| 26 | 26 | | permanent construction containing at least 1,000 square feet of |
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| 27 | 27 | | floor space, including classroom and practical areas, covered in a |
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| 28 | 28 | | hard-surface floor-covering of tile or other suitable material]; |
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| 29 | 29 | | (2) number of chairs [has the following equipment: |
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| 30 | 30 | | [(A) at least 10 student workstations that |
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| 31 | 31 | | include a chair that reclines, a back bar, and a wall mirror; |
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| 32 | 32 | | [(B) a sink behind every two workstations; |
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| 33 | 33 | | [(C) adequate lighting for each room; |
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| 34 | 34 | | [(D) at least 10 classroom chairs and other |
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| 35 | 35 | | materials necessary to teach the required subjects; and |
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| 36 | 36 | | [(E) access to permanent restrooms and adequate |
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| 37 | 37 | | drinking fountain facilities]; or [and] |
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| 38 | 38 | | (3) number of sinks [meets any other requirement set |
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| 39 | 39 | | by the commission]. |
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| 40 | 40 | | SECTION 2. Section 1602.303, Occupations Code, is amended |
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| 41 | 41 | | by amending Subsections (b) and (c) and adding Subsection (d) to |
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| 42 | 42 | | read as follows: |
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| 43 | 43 | | (b) An application for a private beauty culture school |
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| 44 | 44 | | license must be accompanied by the required license fee and |
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| 45 | 45 | | inspection fee and: |
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| 46 | 46 | | (1) be on a form prescribed by the department; |
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| 47 | 47 | | (2) be verified by the applicant; and |
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| 48 | 48 | | (3) contain a statement that the building meets the |
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| 49 | 49 | | health and safety standards established by the commission[: |
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| 50 | 50 | | [(A) is of permanent construction and is divided |
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| 51 | 51 | | into at least two separate areas: |
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| 52 | 52 | | [(i) one area for instruction in theory; |
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| 53 | 53 | | and |
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| 54 | 54 | | [(ii) one area for clinic work; |
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| 55 | 55 | | [(B) contains a minimum of: |
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| 56 | 56 | | [(i) 2,800 square feet of floor space if the |
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| 57 | 57 | | building is located in a county with a population of more than |
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| 58 | 58 | | 100,000; or |
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| 59 | 59 | | [(ii) 1,800 square feet of floor space if |
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| 60 | 60 | | the building is located in a county with a population of 100,000 or |
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| 61 | 61 | | less; |
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| 62 | 62 | | [(C) has access to permanent restrooms and |
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| 63 | 63 | | adequate drinking fountain facilities; and |
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| 64 | 64 | | [(D) contains, or will contain before classes |
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| 65 | 65 | | begin, the equipment established by commission rule as sufficient |
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| 66 | 66 | | to properly instruct a minimum of 10 students]. |
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| 67 | 67 | | (c) The applicant is entitled to a private beauty culture |
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| 68 | 68 | | school license if: |
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| 69 | 69 | | (1) the department determines that the applicant is |
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| 70 | 70 | | financially sound and capable of fulfilling the school's |
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| 71 | 71 | | commitments for training; |
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| 72 | 72 | | (2) the applicant's facilities meet the health and |
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| 73 | 73 | | safety standards established by the commission and pass an |
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| 74 | 74 | | inspection conducted by the department under Section 1603.103; and |
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| 75 | 75 | | (3) the applicant has not committed an act that |
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| 76 | 76 | | constitutes a ground for denial of a license. |
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| 77 | 77 | | (d) The commission may not establish building or facility |
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| 78 | 78 | | standards that are not related to health and safety, including a |
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| 79 | 79 | | requirement that a facility have a specific: |
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| 80 | 80 | | (1) square footage of floor space; |
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| 81 | 81 | | (2) number of chairs; or |
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| 82 | 82 | | (3) number of sinks. |
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| 83 | 83 | | SECTION 3. As soon as practicable after the effective date |
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| 84 | 84 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 85 | 85 | | adopt rules to implement Sections 1601.353 and 1602.303, |
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| 86 | 86 | | Occupations Code, as amended by this Act. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2017. |
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