Texas 2017 - 85th Regular

Texas Senate Bill SB918 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5201 TSR-D
2	2	By: Rodríguez S.B. No. 918
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sexual assault and domestic violence awareness training
8	8	and reporting by cosmetology license holders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1602.254(b) and (c), Occupations Code,
11	11	are amended to read as follows:
12	12	(b) To be eligible for an operator license, an applicant
13	13	must meet the requirements of Subsection (c) or:
14	14	(1) be at least 17 years of age;
15	15	(2) have obtained a high school diploma or the
16	16	equivalent of a high school diploma or have passed a valid
17	17	examination administered by a certified testing agency that
18	18	measures the person's ability to benefit from training; [and]
19	19	(3) have completed:
20	20	(A) 1,500 hours of instruction in a licensed
21	21	beauty culture school; or
22	22	(B) 1,000 hours of instruction in beauty culture
23	23	courses and 500 hours of related high school courses prescribed by
24	24	the commission in a vocational cosmetology program in a public
25	25	school; and
26	26	(4) have completed a sexual assault and domestic
27	27	violence education program established or approved by the
28	28	commission under Section 1602.263.
29	29	(c) The commission shall adopt rules for the issuance of an
30	30	operator license under this section to a person who holds a Class A
31	31	barber certificate. The department shall issue the license to an
32	32	applicant who:
33	33	(1) holds an active Class A barber certificate;
34	34	(2) completes 300 hours of instruction in cosmetology
35	35	through a commission-approved training program in a cosmetology
36	36	school;
37	37	(3) completes a sexual assault and domestic violence
38	38	education program established or approved by the commission under
39	39	Section 1602.263;
40	40	(4) [(3)] passes the examination required under
41	41	Section 1602.262; and
42	42	(5) [(4)] submits to the department:
43	43	(A) an application on a form prescribed by the
44	44	department; and
45	45	(B) the required fee.
46	46	SECTION 2. Section 1602.256(b), Occupations Code, is
47	47	amended to read as follows:
48	48	(b) To be eligible for a manicurist specialty license, an
49	49	applicant must:
50	50	(1) be at least 17 years of age;
51	51	(2) have obtained a high school diploma or the
52	52	equivalent of a high school diploma or have passed a valid
53	53	examination administered by a certified testing agency that
54	54	measures the person's ability to benefit from training; [and]
55	55	(3) have completed 600 hours of instruction in
56	56	manicuring through a commission-approved training program; and
57	57	(4) have completed a sexual assault and domestic
58	58	violence education program established or approved by the
59	59	commission under Section 1602.263.
60	60	SECTION 3. Section 1602.257(b), Occupations Code, is
61	61	amended to read as follows:
62	62	(b) To be eligible for an esthetician specialty license, an
63	63	applicant must:
64	64	(1) be at least 17 years of age;
65	65	(2) have obtained a high school diploma or the
66	66	equivalent of a high school diploma or have passed a valid
67	67	examination administered by a certified testing agency that
68	68	measures the person's ability to benefit from training; [and]
69	69	(3) have completed 750 hours of instruction in
70	70	esthetics specialty through a commission-approved training
71	71	program; and
72	72	(4) have completed a sexual assault and domestic
73	73	violence education program established or approved by the
74	74	commission under Section 1602.263.
75	75	SECTION 4. Section 1602.2571(b), Occupations Code, is
76	76	amended to read as follows:
77	77	(b) To be eligible for a specialty license in eyelash
78	78	extension application, an applicant must:
79	79	(1) be at least 17 years of age;
80	80	(2) have obtained a high school diploma or the
81	81	equivalent of a high school diploma or have passed a valid
82	82	examination administered by a certified testing agency that
83	83	measures the person's ability to benefit from training; [and]
84	84	(3) have completed a training program described by
85	85	Section 1602.2572 that has been approved by the commission; and
86	86	(4) have completed a sexual assault and domestic
87	87	violence education program established or approved by the
88	88	commission under Section 1602.263.
89	89	SECTION 5. Section 1602.259(b), Occupations Code, is
90	90	amended to read as follows:
91	91	(b) To be eligible for a hair weaving specialty certificate,
92	92	an applicant must:
93	93	(1) be at least 17 years of age; [and]
94	94	(2) have the necessary requisites as determined by the
95	95	department in the particular specialty for which certification is
96	96	sought, including training through a commission-approved training
97	97	program; and
98	98	(3) have completed a sexual assault and domestic
99	99	violence education program established or approved by the
100	100	commission under Section 1602.263.
101	101	SECTION 6. Section 1602.260(b), Occupations Code, is
102	102	amended to read as follows:
103	103	(b) To be eligible for a wig specialty certificate, an
104	104	applicant must:
105	105	(1) be at least 17 years of age; [and]
106	106	(2) have the necessary requisites as determined by the
107	107	department in the particular specialty for which certification is
108	108	sought, including training through a commission-approved training
109	109	program; and
110	110	(3) have completed a sexual assault and domestic
111	111	violence education program established or approved by the
112	112	commission under Section 1602.263.
113	113	SECTION 7. Section 1602.261(c), Occupations Code, is
114	114	amended to read as follows:
115	115	(c) An applicant who qualifies under Subsection (b)(3)(B)
116	116	must:
117	117	(1) either:
118	118	(A) have obtained a high school diploma or a high
119	119	school equivalency certificate; or
120	120	(B) have passed a valid examination administered
121	121	by a certified testing agency that measures the person's ability to
122	122	benefit from training; [and]
123	123	(2) have completed:
124	124	(A) 1,200 hours of instruction in a
125	125	manicure/esthetics specialty curriculum in a commission-approved
126	126	training program; or
127	127	(B) 600 hours of instruction in a manicure
128	128	curriculum and 750 hours of instruction in an esthetics curriculum
129	129	in commission-approved training programs; and
130	130	(3) have completed a sexual assault and domestic
131	131	violence education program established or approved by the
132	132	commission under Section 1602.263.
133	133	SECTION 8. Subchapter F, Chapter 1602, Occupations Code, is
134	134	amended by adding Section 1602.263 to read as follows:
135	135	Sec. 1602.263. SEXUAL ASSAULT AND DOMESTIC VIOLENCE
136	136	EDUCATION PROGRAM. (a) The commission shall adopt rules to
137	137	establish or approve an education program on sexual assault and
138	138	domestic violence awareness and support. A program established or
139	139	approved under this section must be one hour in duration and may be
140	140	provided as an online course.
141	141	(b) The commission may adopt rules relating to the standards
142	142	for approval of a program described by Subsection (a), including
143	143	the content and provider of the program.
144	144	(c) An applicant for the issuance or renewal of a license or
145	145	certificate issued under this chapter who is required to complete a
146	146	program established or approved under this section shall verify
147	147	completion of the program in the manner provided by commission
148	148	rule.
149	149	SECTION 9. Section 1602.354, Occupations Code, is amended
150	150	by adding Subsection (c) to read as follows:
151	151	(c) As part of the continuing education programs under
152	152	Subsection (a), a person who holds a license or certificate issued
153	153	under Subchapter F must complete a sexual assault and domestic
154	154	violence education program that is established or approved by the
155	155	commission under Section 1602.263. The commission may waive
156	156	compliance with this subsection if:
157	157	(1) the commission determines that completion of the
158	158	requirement will cause the person substantial financial hardship;
159	159	(2) the person is serving in the United States armed
160	160	forces; or
161	161	(3) the person is incapacitated due to illness.
162	162	SECTION 10. Subchapter I, Chapter 1602, Occupations Code,
163	163	is amended by adding Section 1602.408 to read as follows:
164	164	Sec. 1602.408. IMMUNITY FROM LIABILITY. A person who has
165	165	completed the education program under Section 1602.263 when
166	166	required by Subchapter F and Section 1602.354(c), or that person's
167	167	employer, is immune from civil and criminal liability for
168	168	reporting, in good faith, information obtained during the course
169	169	and scope of the person's employment that relates to a potential act
170	170	of sexual assault or domestic violence.
171	171	SECTION 11. (a) Not later than September 1, 2018, the Texas
172	172	Commission of Licensing and Regulation shall adopt rules to
173	173	implement the changes in law made by this Act to Chapter 1602,
174	174	Occupations Code.
175	175	(b) The changes in law made by this Act apply only to an
176	176	application for the issuance or renewal of a license or certificate
177	177	that is filed with the Texas Department of Licensing and Regulation
178	178	on or after September 1, 2018. An application for the issuance or
179	179	renewal of a license or certificate that is filed before that date
180	180	is governed by the law in effect immediately before the effective
181	181	date of this Act, and the former law is continued in effect for that
182	182	purpose.
183	183	SECTION 12. (a) Except as provided by Subsection (b) of this
184	184	section, this Act takes effect September 1, 2017.
185	185	(b) Section 1602.408, Occupations Code, as added by this
186	186	Act, takes effect September 1, 2018.