Texas 2017 - 85th Regular

Texas Senate Bill SB1503 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1503
	1	+	85R10353 JCG-D
	2	+	By: Zaffirini S.B. No. 1503
	3	+	(Goldman)
	4	+	Substitute the following for S.B. No. 1503: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to abolishing shampoo apprentice permits and shampoo
6	10		specialty certificates.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 1601.002, Occupations Code, is amended
9	13		to read as follows:
10	14		Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
11	15		"barbering," "practicing barbering," or the "practice of
12	16		barbering" means:
13	17		(1) performing or offering or attempting to perform
14	18		for compensation or the promise of compensation any of the
15	19		following services:
16	20		(A) treating a person's mustache or beard by
17	21		arranging, beautifying, coloring, processing, shaving, styling, or
18	22		trimming;
19	23		(B) treating a person's hair by:
20	24		(i) arranging, beautifying, bleaching,
21	25		cleansing, coloring, curling, dressing, dyeing, processing,
22	26		[shampooing,] shaping, singeing, straightening, styling, tinting,
23	27		or waving;
24	28		(ii) providing a necessary service that is
25	29		preparatory or ancillary to a service under Subparagraph (i),
26	30		including bobbing, clipping, cutting, or trimming; or
27	31		(iii) cutting the person's hair as a
28	32		separate and independent service for which a charge is directly or
29	33		indirectly made separately from a charge for any other service;
30	34		(C) cleansing, stimulating, or massaging a
31	35		person's scalp, face, neck, arms, or shoulders:
32	36		(i) by hand or by using a device, apparatus,
33	37		or appliance; and
34	38		(ii) with or without the use of any cosmetic
35	39		preparation, antiseptic, tonic, lotion, or cream;
36	40		(D) beautifying a person's face, neck, arms, or
37	41		shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
38	42		powder, oil, clay, cream, or appliance;
39	43		(E) treating a person's nails by:
40	44		(i) cutting, trimming, polishing, tinting,
41	45		coloring, cleansing, manicuring, or pedicuring; or
42	46		(ii) attaching false nails;
43	47		(F) massaging, cleansing, treating, or
44	48		beautifying a person's hands;
45	49		(G) administering facial treatments;
46	50		(H) weaving a person's hair by using any method
47	51		to attach commercial hair to a person's hair or scalp; or
48	52		(I) [shampooing or conditioning a person's hair;
49	53		or
50	54		[(J)] servicing in any manner listed in Paragraph
51	55		(B) a person's wig, toupee, or artificial hairpiece on a person's
52	56		head or on a block after the initial retail sale;
53	57		(2) advertising or representing to the public in any
54	58		manner that a person is a barber or is authorized to practice
55	59		barbering; or
56	60		(3) advertising or representing to the public in any
57	61		manner that a location or place of business is a barbershop,
58	62		specialty shop, or barber school.
59	63		SECTION 2. Section 1601.256(a), Occupations Code, is
60	64		amended to read as follows:
61	65		(a) A person holding a barber technician license may:
62	66		(1) perform only barbering as defined by Sections
63	67		1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
64	68		(2) practice only at a location that has been issued a
65	69		barbershop permit.
66	70		SECTION 3. Section 1602.002(a), Occupations Code, is
67	71		amended to read as follows:
68	72		(a) In this chapter, "cosmetology" means the practice of
69	73		performing or offering to perform for compensation any of the
70	74		following services:
71	75		(1) treating a person's hair by:
72	76		(A) providing any method of treatment as a
73	77		primary service, including arranging, beautifying, bleaching,
74	78		cleansing, coloring, cutting, dressing, dyeing, processing,
75	79		[shampooing,] shaping, singeing, straightening, styling, tinting,
76	80		or waving;
77	81		(B) providing a necessary service that is
78	82		preparatory or ancillary to a service under Paragraph (A),
79	83		including bobbing, clipping, cutting, or trimming a person's hair
80	84		or shaving a person's neck with a safety razor; or
81	85		(C) cutting the person's hair as a separate and
82	86		independent service for which a charge is directly or indirectly
83	87		made separately from charges for any other service;
84	88		(2) [shampooing and conditioning a person's hair;
85	89		[(3)] servicing a person's wig or artificial hairpiece
86	90		on a person's head or on a block after the initial retail sale and
87	91		servicing in any manner listed in Subdivision (1);
88	92		(3) [(4)] treating a person's mustache or beard by
89	93		arranging, beautifying, coloring, processing, styling, trimming,
90	94		or shaving with a safety razor;
91	95		(4) [(5)] cleansing, stimulating, or massaging a
92	96		person's scalp, face, neck, or arms:
93	97		(A) by hand or by using a device, apparatus, or
94	98		appliance; and
95	99		(B) with or without the use of any cosmetic
96	100		preparation, antiseptic, tonic, lotion, or cream;
97	101		(5) [(6)] beautifying a person's face, neck, or arms
98	102		using a cosmetic preparation, antiseptic, tonic, lotion, powder,
99	103		oil, clay, cream, or appliance;
100	104		(6) [(7)] administering facial treatments;
101	105		(7) [(8)] removing superfluous hair from a person's
102	106		body using depilatories, preparations, or tweezing techniques;
103	107		(8) [(9)] treating a person's nails by:
104	108		(A) cutting, trimming, polishing, tinting,
105	109		coloring, cleansing, or manicuring; or
106	110		(B) attaching false nails;
107	111		(9) [(10)] massaging, cleansing, treating, or
108	112		beautifying a person's hands or feet;
109	113		(10) [(11)] applying semipermanent, thread-like
110	114		extensions composed of single fibers to a person's eyelashes; or
111	115		(11) [(12)] weaving a person's hair.
112	116		SECTION 4. Section 1602.255(c), Occupations Code, is
113	117		amended to read as follows:
114	118		(c) The commission shall adopt rules for the licensing of
115	119		specialty instructors to teach specialty courses in the practice of
116	120		cosmetology defined in Sections 1602.002(a)(5), (7), (8), and (10)
117	121		[1602.002(a)(6), (8), (9), and (11)].
118	122		SECTION 5. Section 1602.256(a), Occupations Code, is
119	123		amended to read as follows:
120	124		(a) A person holding a manicurist specialty license may
121	125		perform only the practice of cosmetology defined in Section
122	126		1602.002(a)(8) or (9) [1602.002(a)(9) or (10)].
123	127		SECTION 6. Section 1602.257(a), Occupations Code, is
124	128		amended to read as follows:
125	129		(a) A person holding an esthetician specialty license may
126	130		perform only the practice of cosmetology defined in Sections
127	131		1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),
128	132		(8), and (11)].
129	133		SECTION 7. Section 1602.2571(a), Occupations Code, is
130	134		amended to read as follows:
131	135		(a) A person holding a specialty license in eyelash
132	136		extension application may perform only the practice of cosmetology
133	137		defined in Section 1602.002(a)(10) [1602.002(a)(11)].
134	138		SECTION 8. Section 1602.259(a), Occupations Code, is
135	139		amended to read as follows:
136	140		(a) A person holding a hair weaving specialty certificate
137	141		may perform only the practice of cosmetology defined in Section
138	142		1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].
139	143		SECTION 9. Section 1602.260(a), Occupations Code, is
140	144		amended to read as follows:
141	145		(a) A person holding a wig specialty certificate may perform
142	146		only the practice of cosmetology defined in Section 1602.002(a)(2)
143	147		[1602.002(a)(3)].
144	148		SECTION 10. Section 1602.261(a), Occupations Code, is
145	149		amended to read as follows:
146	150		(a) A person holding a manicurist/esthetician specialty
147	151		license may perform only the practice of cosmetology defined in
148	152		Sections 1602.002(a)(4) through (9) [1602.002(a)(5) through (10)].
149	153		SECTION 11. Section 1602.305(a), Occupations Code, is
150	154		amended to read as follows:
151	155		(a) A person holding a specialty shop license may maintain
152	156		an establishment in which only the practice of cosmetology as
153	157		defined in Section 1602.002(a)(2), (5), (7), (8), or (10)
154	158		[1602.002(a)(3), (6), (8), (9), or (11)] is performed.
155	159		SECTION 12. Section 1602.354(a), Occupations Code, is
156	160		amended to read as follows:
157	161		(a) The commission will by rule recognize, prepare, or
158	162		administer continuing education programs for the practice of
159	163		cosmetology. Participation in the programs is mandatory for all
160	164		license renewals [other than renewal of a shampoo specialty
161	165		certificate].
162	166		SECTION 13. Section 1602.403(c), Occupations Code, is
163	167		amended to read as follows:
164	168		(c) A person holding a beauty shop license or specialty shop
165	169		license may not employ[:
166	170		[(1)] a person as an operator or specialist or lease to
167	171		a person who acts as an operator or specialist unless the person
168	172		holds a license or certificate under this chapter or under Chapter
169	173		1601[; or
170	174		[(2) a person to shampoo or condition a person's hair
171	175		unless the person holds a shampoo apprentice permit or student
172	176		permit].
173	177		SECTION 14. Section 1603.352(a), Occupations Code, is
174	178		amended to read as follows:
175	179		(a) A person who holds a license, certificate, or permit
176	180		issued under this chapter, Chapter 1601, or Chapter 1602 and who
177	181		performs a barbering service described by Section 1601.002(1)(E) or
178	182		(F) or a cosmetology service described by Section 1602.002(a)(8) or
179	183		(9) [1602.002(a)(9) or (10)] shall, before performing the service,
180	184		clean, disinfect, and sterilize with an autoclave or dry heat
181	185		sterilizer or sanitize with an ultraviolet sanitizer, in accordance
182	186		with the sterilizer or sanitizer manufacturer's instructions, each
183	187		metal instrument, including metal nail clippers, cuticle pushers,
184	188		cuticle nippers, and other metal instruments, used to perform the
185	189		service.
186	190		SECTION 15. The following provisions of the Occupations
187	191		Code are repealed:
188	192		(1) Section 1601.260(c);
189	193		(2) Section 1601.261;
190	194		(3) Section 1601.301(c);
191	195		(4) Section 1602.266(c);
192	196		(5) Section 1602.267;
193	197		(6) Section 1602.301(c); and
194	198		(7) Section 1602.456(b-1).
195	199		SECTION 16. On the effective date of this Act:
196	200		(1) a shampoo apprentice permit issued under former
197	201		Section 1601.261 or 1602.267, Occupations Code, expires; and
198	202		(2) a shampoo specialty certificate issued under
199	203		Chapter 1602 expires.
200	204		SECTION 17. (a) The changes in law made by this Act do not
201	205		affect the validity of a proceeding pending before a court or other
202	206		governmental entity on the effective date of this Act.
203	207		(b) An offense or other violation of law committed before
204	208		the effective date of this Act is governed by the law in effect when
205	209		the offense or violation was committed, and the former law is
206	210		continued in effect for that purpose. For purposes of this
207	211		subsection, an offense or violation was committed before the
208	212		effective date of this Act if any element of the offense or
209	213		violation occurred before that date.
210	214		SECTION 18. This Act takes effect September 1, 2017.
211		-	______________________________ ______________________________
212		-	President of the Senate Speaker of the House
213		-	I hereby certify that S.B. No. 1503 passed the Senate on
214		-	April 26, 2017, by the following vote: Yeas 31, Nays 0; and that
215		-	the Senate concurred in House amendment on May 26, 2017, by the
216		-	following vote: Yeas 31, Nays 0.
217		-	______________________________
218		-	Secretary of the Senate
219		-	I hereby certify that S.B. No. 1503 passed the House, with
220		-	amendment, on May 19, 2017, by the following vote: Yeas 144,
221		-	Nays 0, two present not voting.
222		-	______________________________
223		-	Chief Clerk of the House
224		-	Approved:
225		-	______________________________
226		-	Date
227		-	______________________________
228		-	Governor