Texas 2017 - 85th Regular

Texas House Bill HB340 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R10353 JCG-D
2	2	By: Goldman H.B. No. 340
3	3	Substitute the following for H.B. No. 340:
4	4	By: Kuempel C.S.H.B. No. 340
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to abolishing shampoo apprentice permits and shampoo
10	10	specialty certificates.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1601.002, Occupations Code, is amended
13	13	to read as follows:
14	14	Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
15	15	"barbering," "practicing barbering," or the "practice of
16	16	barbering" means:
17	17	(1) performing or offering or attempting to perform
18	18	for compensation or the promise of compensation any of the
19	19	following services:
20	20	(A) treating a person's mustache or beard by
21	21	arranging, beautifying, coloring, processing, shaving, styling, or
22	22	trimming;
23	23	(B) treating a person's hair by:
24	24	(i) arranging, beautifying, bleaching,
25	25	cleansing, coloring, curling, dressing, dyeing, processing,
26	26	[shampooing,] shaping, singeing, straightening, styling, tinting,
27	27	or waving;
28	28	(ii) providing a necessary service that is
29	29	preparatory or ancillary to a service under Subparagraph (i),
30	30	including bobbing, clipping, cutting, or trimming; or
31	31	(iii) cutting the person's hair as a
32	32	separate and independent service for which a charge is directly or
33	33	indirectly made separately from a charge for any other service;
34	34	(C) cleansing, stimulating, or massaging a
35	35	person's scalp, face, neck, arms, or shoulders:
36	36	(i) by hand or by using a device, apparatus,
37	37	or appliance; and
38	38	(ii) with or without the use of any cosmetic
39	39	preparation, antiseptic, tonic, lotion, or cream;
40	40	(D) beautifying a person's face, neck, arms, or
41	41	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
42	42	powder, oil, clay, cream, or appliance;
43	43	(E) treating a person's nails by:
44	44	(i) cutting, trimming, polishing, tinting,
45	45	coloring, cleansing, manicuring, or pedicuring; or
46	46	(ii) attaching false nails;
47	47	(F) massaging, cleansing, treating, or
48	48	beautifying a person's hands;
49	49	(G) administering facial treatments;
50	50	(H) weaving a person's hair by using any method
51	51	to attach commercial hair to a person's hair or scalp; or
52	52	(I) [shampooing or conditioning a person's hair;
53	53	or
54	54	[(J)] servicing in any manner listed in Paragraph
55	55	(B) a person's wig, toupee, or artificial hairpiece on a person's
56	56	head or on a block after the initial retail sale;
57	57	(2) advertising or representing to the public in any
58	58	manner that a person is a barber or is authorized to practice
59	59	barbering; or
60	60	(3) advertising or representing to the public in any
61	61	manner that a location or place of business is a barbershop,
62	62	specialty shop, or barber school.
63	63	SECTION 2. Section 1601.256(a), Occupations Code, is
64	64	amended to read as follows:
65	65	(a) A person holding a barber technician license may:
66	66	(1) perform only barbering as defined by Sections
67	67	1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
68	68	(2) practice only at a location that has been issued a
69	69	barbershop permit.
70	70	SECTION 3. Section 1602.002(a), Occupations Code, is
71	71	amended to read as follows:
72	72	(a) In this chapter, "cosmetology" means the practice of
73	73	performing or offering to perform for compensation any of the
74	74	following services:
75	75	(1) treating a person's hair by:
76	76	(A) providing any method of treatment as a
77	77	primary service, including arranging, beautifying, bleaching,
78	78	cleansing, coloring, cutting, dressing, dyeing, processing,
79	79	[shampooing,] shaping, singeing, straightening, styling, tinting,
80	80	or waving;
81	81	(B) providing a necessary service that is
82	82	preparatory or ancillary to a service under Paragraph (A),
83	83	including bobbing, clipping, cutting, or trimming a person's hair
84	84	or shaving a person's neck with a safety razor; or
85	85	(C) cutting the person's hair as a separate and
86	86	independent service for which a charge is directly or indirectly
87	87	made separately from charges for any other service;
88	88	(2) [shampooing and conditioning a person's hair;
89	89	[(3)] servicing a person's wig or artificial hairpiece
90	90	on a person's head or on a block after the initial retail sale and
91	91	servicing in any manner listed in Subdivision (1);
92	92	(3) [(4)] treating a person's mustache or beard by
93	93	arranging, beautifying, coloring, processing, styling, trimming,
94	94	or shaving with a safety razor;
95	95	(4) [(5)] cleansing, stimulating, or massaging a
96	96	person's scalp, face, neck, or arms:
97	97	(A) by hand or by using a device, apparatus, or
98	98	appliance; and
99	99	(B) with or without the use of any cosmetic
100	100	preparation, antiseptic, tonic, lotion, or cream;
101	101	(5) [(6)] beautifying a person's face, neck, or arms
102	102	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
103	103	oil, clay, cream, or appliance;
104	104	(6) [(7)] administering facial treatments;
105	105	(7) [(8)] removing superfluous hair from a person's
106	106	body using depilatories, preparations, or tweezing techniques;
107	107	(8) [(9)] treating a person's nails by:
108	108	(A) cutting, trimming, polishing, tinting,
109	109	coloring, cleansing, or manicuring; or
110	110	(B) attaching false nails;
111	111	(9) [(10)] massaging, cleansing, treating, or
112	112	beautifying a person's hands or feet;
113	113	(10) [(11)] applying semipermanent, thread-like
114	114	extensions composed of single fibers to a person's eyelashes; or
115	115	(11) [(12)] weaving a person's hair.
116	116	SECTION 4. Section 1602.255(c), Occupations Code, is
117	117	amended to read as follows:
118	118	(c) The commission shall adopt rules for the licensing of
119	119	specialty instructors to teach specialty courses in the practice of
120	120	cosmetology defined in Sections 1602.002(a)(5), (7), (8), and (10)
121	121	[1602.002(a)(6), (8), (9), and (11)].
122	122	SECTION 5. Section 1602.256(a), Occupations Code, is
123	123	amended to read as follows:
124	124	(a) A person holding a manicurist specialty license may
125	125	perform only the practice of cosmetology defined in Section
126	126	1602.002(a)(8) or (9) [1602.002(a)(9) or (10)].
127	127	SECTION 6. Section 1602.257(a), Occupations Code, is
128	128	amended to read as follows:
129	129	(a) A person holding an esthetician specialty license may
130	130	perform only the practice of cosmetology defined in Sections
131	131	1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),
132	132	(8), and (11)].
133	133	SECTION 7. Section 1602.2571(a), Occupations Code, is
134	134	amended to read as follows:
135	135	(a) A person holding a specialty license in eyelash
136	136	extension application may perform only the practice of cosmetology
137	137	defined in Section 1602.002(a)(10) [1602.002(a)(11)].
138	138	SECTION 8. Section 1602.259(a), Occupations Code, is
139	139	amended to read as follows:
140	140	(a) A person holding a hair weaving specialty certificate
141	141	may perform only the practice of cosmetology defined in Section
142	142	1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].
143	143	SECTION 9. Section 1602.260(a), Occupations Code, is
144	144	amended to read as follows:
145	145	(a) A person holding a wig specialty certificate may perform
146	146	only the practice of cosmetology defined in Section 1602.002(a)(2)
147	147	[1602.002(a)(3)].
148	148	SECTION 10. Section 1602.261(a), Occupations Code, is
149	149	amended to read as follows:
150	150	(a) A person holding a manicurist/esthetician specialty
151	151	license may perform only the practice of cosmetology defined in
152	152	Sections 1602.002(a)(4) through (9) [1602.002(a)(5) through (10)].
153	153	SECTION 11. Section 1602.305(a), Occupations Code, is
154	154	amended to read as follows:
155	155	(a) A person holding a specialty shop license may maintain
156	156	an establishment in which only the practice of cosmetology as
157	157	defined in Section 1602.002(a)(2), (5), (7), (8), or (10)
158	158	[1602.002(a)(3), (6), (8), (9), or (11)] is performed.
159	159	SECTION 12. Section 1602.354(a), Occupations Code, is
160	160	amended to read as follows:
161	161	(a) The commission will by rule recognize, prepare, or
162	162	administer continuing education programs for the practice of
163	163	cosmetology. Participation in the programs is mandatory for all
164	164	license renewals [other than renewal of a shampoo specialty
165	165	certificate].
166	166	SECTION 13. Section 1602.403(c), Occupations Code, is
167	167	amended to read as follows:
168	168	(c) A person holding a beauty shop license or specialty shop
169	169	license may not employ[:
170	170	[(1)] a person as an operator or specialist or lease to
171	171	a person who acts as an operator or specialist unless the person
172	172	holds a license or certificate under this chapter or under Chapter
173	173	1601[; or
174	174	[(2) a person to shampoo or condition a person's hair
175	175	unless the person holds a shampoo apprentice permit or student
176	176	permit].
177	177	SECTION 14. Section 1603.352(a), Occupations Code, is
178	178	amended to read as follows:
179	179	(a) A person who holds a license, certificate, or permit
180	180	issued under this chapter, Chapter 1601, or Chapter 1602 and who
181	181	performs a barbering service described by Section 1601.002(1)(E) or
182	182	(F) or a cosmetology service described by Section 1602.002(a)(8) or
183	183	(9) [1602.002(a)(9) or (10)] shall, before performing the service,
184	184	clean, disinfect, and sterilize with an autoclave or dry heat
185	185	sterilizer or sanitize with an ultraviolet sanitizer, in accordance
186	186	with the sterilizer or sanitizer manufacturer's instructions, each
187	187	metal instrument, including metal nail clippers, cuticle pushers,
188	188	cuticle nippers, and other metal instruments, used to perform the
189	189	service.
190	190	SECTION 15. The following provisions of the Occupations
191	191	Code are repealed:
192	192	(1) Section 1601.260(c);
193	193	(2) Section 1601.261;
194	194	(3) Section 1601.301(c);
195	195	(4) Section 1602.266(c);
196	196	(5) Section 1602.267;
197	197	(6) Section 1602.301(c); and
198	198	(7) Section 1602.456(b-1).
199	199	SECTION 16. On the effective date of this Act:
200	200	(1) a shampoo apprentice permit issued under former
201	201	Section 1601.261 or 1602.267, Occupations Code, expires; and
202	202	(2) a shampoo specialty certificate issued under
203	203	Chapter 1602 expires.
204	204	SECTION 17. (a) The changes in law made by this Act do not
205	205	affect the validity of a proceeding pending before a court or other
206	206	governmental entity on the effective date of this Act.
207	207	(b) An offense or other violation of law committed before
208	208	the effective date of this Act is governed by the law in effect when
209	209	the offense or violation was committed, and the former law is
210	210	continued in effect for that purpose. For purposes of this
211	211	subsection, an offense or violation was committed before the
212	212	effective date of this Act if any element of the offense or
213	213	violation occurred before that date.
214	214	SECTION 18. This Act takes effect September 1, 2017.