Texas 2019 - 86th Regular

Texas House Bill HR2196 Compare Versions

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1	1	H.R. No. 2196
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 86th Legislature, Regular Session, 2019, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 2847 (the licensing and
10	10	regulation of certain occupations, activities, and agreements;
11	11	providing a civil penalty; authorizing fees; requiring an
12	12	occupational registration and an occupational license) to consider
13	13	and take action on the following matter:
14	14	House Rule 13, Section 9(a)(4), is suspended to permit the
15	15	committee to add text on a matter not included in either the house
16	16	or senate version of the bill by adding SECTION 14.007 to the bill,
17	17	adding Section 1603.208, Occupations Code, to read as follows:
18	18	SECTION 14.007. Subchapter E, Chapter 1603, Occupations
19	19	Code, is amended by adding Section 1603.208 to read as follows:
20	20	Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES.
21	21	(a) In this section:
22	22	(1) "Digital network" means any online-enabled
23	23	application, Internet website, or system offered or used by a
24	24	remote service business that allows a client to arrange for a
25	25	digitally prearranged remote service.
26	26	(2) "Digitally prearranged remote service" means a
27	27	barbering or cosmetology service performed for compensation by a
28	28	person holding a license, certificate of registration, or permit
29	29	under Chapter 1601 or 1602 or this chapter that is:
30	30	(A) prearranged through a digital network; and
31	31	(B) performed at a location other than a place of
32	32	business that is licensed or permitted under Chapter 1601 or 1602 or
33	33	this chapter.
34	34	(3) "Remote service business" means a corporation,
35	35	partnership, sole proprietorship, or other entity that, for
36	36	compensation, enables a client to schedule a digitally prearranged
37	37	remote service with a person holding a license, certificate of
38	38	registration, or permit under Chapter 1601 or 1602 or this chapter.
39	39	(b) The commission shall adopt rules to administer this
40	40	section, including rules that:
41	41	(1) set minimum standards for:
42	42	(A) the operation of a remote service business;
43	43	and
44	44	(B) the sanitation requirements for performing a
45	45	digitally prearranged remote service;
46	46	(2) determine activities within the scope of barbering
47	47	and cosmetology that may be performed as a digitally prearranged
48	48	remote service; and
49	49	(3) establish procedures for inspecting and auditing
50	50	the records of a remote service business and of a person who
51	51	performs a digitally prearranged remote service.
52	52	(c) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407
53	53	do not apply to a digitally prearranged remote service scheduled
54	54	through a remote service business.
55	55	(d) A person who holds a license, certificate of
56	56	registration, or permit to practice barbering or cosmetology and
57	57	who performs a digitally prearranged remote service shall:
58	58	(1) comply with this section and the rules adopted
59	59	under this section; and
60	60	(2) practice within the scope of the person's license,
61	61	certificate of registration, or permit.
62	62	(e) A remote service business may not offer a barbering or
63	63	cosmetology service that requires treating or removing a person's
64	64	hair by:
65	65	(1) coloring;
66	66	(2) processing;
67	67	(3) bleaching;
68	68	(4) dyeing;
69	69	(5) tinting; or
70	70	(6) using a cosmetic preparation.
71	71	(f) Before a person licensed, registered, or permitted to
72	72	practice barbering or cosmetology performs a digitally prearranged
73	73	remote service for a client requesting the service, a remote
74	74	service business shall provide through the entity's digital
75	75	network:
76	76	(1) the following information regarding the person who
77	77	will perform the service:
78	78	(A) the person's first and last name;
79	79	(B) the number of the person's license,
80	80	certificate of registration, or permit, as applicable; and
81	81	(C) a photograph of the person;
82	82	(2) the following information regarding the business:
83	83	(A) Internet website address; and
84	84	(B) telephone number; and
85	85	(3) the department's Internet website address and
86	86	telephone number and notice that the client may contact the
87	87	department to file a complaint against the business or person.
88	88	(g) Within a reasonable time after completion of a digitally
89	89	prearranged remote service, the remote service business shall issue
90	90	to the client who requested the service a receipt that includes:
91	91	(1) the date the service was provided;
92	92	(2) a description of the service;
93	93	(3) the first and last name of the person who performed
94	94	the service;
95	95	(4) the number of the person's license, certificate of
96	96	registration, or permit, as applicable;
97	97	(5) the following information regarding the business:
98	98	(A) Internet website address; and
99	99	(B) telephone number; and
100	100	(6) the department's Internet website address and
101	101	telephone number and notice that the client may contact the
102	102	department to file a complaint against the business or person.
103	103	(h) A remote service business shall maintain each record
104	104	showing compliance with this section and the rules adopted under
105	105	this section until at least the fifth anniversary of the date the
106	106	record was generated.
107	107	(i) A remote service business shall terminate a person's
108	108	access to the business's digital network if the business or
109	109	department determines the person violated:
110	110	(1) this chapter;
111	111	(2) a rule adopted under this chapter;
112	112	(3) Chapter 1601 or 1602; or
113	113	(4) a rule adopted under Chapter 1601 or 1602.
114	114	Explanation: The addition is necessary to regulate companies
115	115	that prearrange barbering and cosmetology services outside of
116	116	certain facilities.
117	117	Goldman
118	118	______________________________
119	119	Speaker of the House
120	120	I certify that H.R. No. 2196 was adopted by the House on May
121	121	26, 2019, by the following vote: Yeas 129, Nays 14, 1 present, not
122	122	voting.
123	123	______________________________
124	124	Chief Clerk of the House