85R12503 JCG-F
By: Schaefer H.B. No. 3278
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for barber schools and private
beauty culture schools.
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. The
department may approve an application for a permit for a barber
school if the school meets the health and safety standards
established by the commission. The commission may not establish
building or facility standards that are not related to health and
safety, including a requirement that a facility have a specific:
(1) square footage of floor space [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) number of chairs [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]; or [and]
(3) number of sinks [meets any other requirement set
by the commission].
SECTION 2. Section 1602.303, Occupations Code, is amended
by amending Subsections (b) and (c) and adding Subsection (d) to
read as follows:
(b) An application for a private beauty culture school
license 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 meets the
health and safety standards established by the commission[:
[(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].
(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 meet the health and
safety standards established by the commission and 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.
(d) The commission may not establish building or facility
standards that are not related to health and safety, including a
requirement that a facility have a specific:
(1) square footage of floor space;
(2) number of chairs; or
(3) number of sinks.
SECTION 3. 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 4. This Act takes effect September 1, 2017.