85R10353 JCG-D
By: Goldman H.B. No. 340
Substitute the following for H.B. No. 340:
By: Kuempel C.S.H.B. No. 340
A BILL TO BE ENTITLED
AN ACT
relating to abolishing shampoo apprentice permits and shampoo
specialty certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1601.002, Occupations Code, is amended
to read as follows:
Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
"barbering," "practicing barbering," or the "practice of
barbering" means:
(1) performing or offering or attempting to perform
for compensation or the promise of compensation any of the
following services:
(A) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, shaving, styling, or
trimming;
(B) treating a person's hair by:
(i) arranging, beautifying, bleaching,
cleansing, coloring, curling, dressing, dyeing, processing,
[shampooing,] shaping, singeing, straightening, styling, tinting,
or waving;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) cutting the person's hair as a
separate and independent service for which a charge is directly or
indirectly made separately from a charge for any other service;
(C) cleansing, stimulating, or massaging a
person's scalp, face, neck, arms, or shoulders:
(i) by hand or by using a device, apparatus,
or appliance; and
(ii) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(D) beautifying a person's face, neck, arms, or
shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
powder, oil, clay, cream, or appliance;
(E) treating a person's nails by:
(i) cutting, trimming, polishing, tinting,
coloring, cleansing, manicuring, or pedicuring; or
(ii) attaching false nails;
(F) massaging, cleansing, treating, or
beautifying a person's hands;
(G) administering facial treatments;
(H) weaving a person's hair by using any method
to attach commercial hair to a person's hair or scalp; or
(I) [shampooing or conditioning a person's hair;
or
[(J)] servicing in any manner listed in Paragraph
(B) a person's wig, toupee, or artificial hairpiece on a person's
head or on a block after the initial retail sale;
(2) advertising or representing to the public in any
manner that a person is a barber or is authorized to practice
barbering; or
(3) advertising or representing to the public in any
manner that a location or place of business is a barbershop,
specialty shop, or barber school.
SECTION 2. Section 1601.256(a), Occupations Code, is
amended to read as follows:
(a) A person holding a barber technician license may:
(1) perform only barbering as defined by Sections
1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
(2) practice only at a location that has been issued a
barbershop permit.
SECTION 3. Section 1602.002(a), Occupations Code, is
amended to read as follows:
(a) In this chapter, "cosmetology" means the practice of
performing or offering to perform for compensation any of the
following services:
(1) treating a person's hair by:
(A) providing any method of treatment as a
primary service, including arranging, beautifying, bleaching,
cleansing, coloring, cutting, dressing, dyeing, processing,
[shampooing,] shaping, singeing, straightening, styling, tinting,
or waving;
(B) providing a necessary service that is
preparatory or ancillary to a service under Paragraph (A),
including bobbing, clipping, cutting, or trimming a person's hair
or shaving a person's neck with a safety razor; or
(C) cutting the person's hair as a separate and
independent service for which a charge is directly or indirectly
made separately from charges for any other service;
(2) [shampooing and conditioning a person's hair;
[(3)] servicing a person's wig or artificial hairpiece
on a person's head or on a block after the initial retail sale and
servicing in any manner listed in Subdivision (1);
(3) [(4)] treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, trimming,
or shaving with a safety razor;
(4) [(5)] cleansing, stimulating, or massaging a
person's scalp, face, neck, or arms:
(A) by hand or by using a device, apparatus, or
appliance; and
(B) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(5) [(6)] beautifying a person's face, neck, or arms
using a cosmetic preparation, antiseptic, tonic, lotion, powder,
oil, clay, cream, or appliance;
(6) [(7)] administering facial treatments;
(7) [(8)] removing superfluous hair from a person's
body using depilatories, preparations, or tweezing techniques;
(8) [(9)] treating a person's nails by:
(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(B) attaching false nails;
(9) [(10)] massaging, cleansing, treating, or
beautifying a person's hands or feet;
(10) [(11)] applying semipermanent, thread-like
extensions composed of single fibers to a person's eyelashes; or
(11) [(12)] weaving a person's hair.
SECTION 4. Section 1602.255(c), Occupations Code, is
amended to read as follows:
(c) The commission shall adopt rules for the licensing of
specialty instructors to teach specialty courses in the practice of
cosmetology defined in Sections 1602.002(a)(5), (7), (8), and (10)
[1602.002(a)(6), (8), (9), and (11)].
SECTION 5. Section 1602.256(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist specialty license may
perform only the practice of cosmetology defined in Section
1602.002(a)(8) or (9) [1602.002(a)(9) or (10)].
SECTION 6. Section 1602.257(a), Occupations Code, is
amended to read as follows:
(a) A person holding an esthetician specialty license may
perform only the practice of cosmetology defined in Sections
1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),
(8), and (11)].
SECTION 7. Section 1602.2571(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty license in eyelash
extension application may perform only the practice of cosmetology
defined in Section 1602.002(a)(10) [1602.002(a)(11)].
SECTION 8. Section 1602.259(a), Occupations Code, is
amended to read as follows:
(a) A person holding a hair weaving specialty certificate
may perform only the practice of cosmetology defined in Section
1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].
SECTION 9. Section 1602.260(a), Occupations Code, is
amended to read as follows:
(a) A person holding a wig specialty certificate may perform
only the practice of cosmetology defined in Section 1602.002(a)(2)
[1602.002(a)(3)].
SECTION 10. Section 1602.261(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist/esthetician specialty
license may perform only the practice of cosmetology defined in
Sections 1602.002(a)(4) through (9) [1602.002(a)(5) through (10)].
SECTION 11. Section 1602.305(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty shop license may maintain
an establishment in which only the practice of cosmetology as
defined in Section 1602.002(a)(2), (5), (7), (8), or (10)
[1602.002(a)(3), (6), (8), (9), or (11)] is performed.
SECTION 12. Section 1602.354(a), Occupations Code, is
amended to read as follows:
(a) The commission will by rule recognize, prepare, or
administer continuing education programs for the practice of
cosmetology. Participation in the programs is mandatory for all
license renewals [other than renewal of a shampoo specialty
certificate].
SECTION 13. Section 1602.403(c), Occupations Code, is
amended to read as follows:
(c) A person holding a beauty shop license or specialty shop
license may not employ[:
[(1)] a person as an operator or specialist or lease to
a person who acts as an operator or specialist unless the person
holds a license or certificate under this chapter or under Chapter
1601[; or
[(2) a person to shampoo or condition a person's hair
unless the person holds a shampoo apprentice permit or student
permit].
SECTION 14. Section 1603.352(a), Occupations Code, is
amended to read as follows:
(a) A person who holds a license, certificate, or permit
issued under this chapter, Chapter 1601, or Chapter 1602 and who
performs a barbering service described by Section 1601.002(1)(E) or
(F) or a cosmetology service described by Section 1602.002(a)(8) or
(9) [1602.002(a)(9) or (10)] shall, before performing the service,
clean, disinfect, and sterilize with an autoclave or dry heat
sterilizer or sanitize with an ultraviolet sanitizer, in accordance
with the sterilizer or sanitizer manufacturer's instructions, each
metal instrument, including metal nail clippers, cuticle pushers,
cuticle nippers, and other metal instruments, used to perform the
service.
SECTION 15. The following provisions of the Occupations
Code are repealed:
(1) Section 1601.260(c);
(2) Section 1601.261;
(3) Section 1601.301(c);
(4) Section 1602.266(c);
(5) Section 1602.267;
(6) Section 1602.301(c); and
(7) Section 1602.456(b-1).
SECTION 16. On the effective date of this Act:
(1) a shampoo apprentice permit issued under former
Section 1601.261 or 1602.267, Occupations Code, expires; and
(2) a shampoo specialty certificate issued under
Chapter 1602 expires.
SECTION 17. (a) The changes in law made by this Act do not
affect the validity of a proceeding pending before a court or other
governmental entity on the effective date of this Act.
(b) An offense or other violation of law committed before
the effective date of this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
SECTION 18. This Act takes effect September 1, 2017.