86R12191 JCG-F
By: Seliger S.B. No. 1394
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of companies that prearrange barbering
and cosmetology services outside of certain facilities; requiring
an occupational license; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 1603, Occupations Code, is
amended by adding Section 1603.208 to read as follows:
Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES. (a)
In this section:
(1) "Digital network" means any online-enabled
application, Internet website, or system offered or used by a
remote service business that allows a client to arrange for a
digitally prearranged remote service.
(2) "Digitally prearranged remote service" means a
barbering or cosmetology service performed for compensation by a
person holding a license, certificate of registration, or permit
under Chapter 1601 or 1602 or this chapter that is:
(A) prearranged through a digital network; and
(B) performed at a location other than a place of
business that is licensed or permitted under Chapter 1601 or 1602 or
this chapter.
(3) "Remote service business" means a corporation,
partnership, sole proprietorship, or other entity that, for
compensation, enables a client to schedule a digitally prearranged
remote service with a person holding a license, certificate of
registration, or permit under Chapter 1601 or 1602 or this chapter.
(b) A person may not operate a remote service business in
this state unless the person holds a license under this section.
(c) The department shall issue a license to operate a remote
service business if the applicant:
(1) meets the eligibility requirements of this section
and the rules adopted under this section; and
(2) pays the required fee.
(d) The commission shall set fees under this section in
amounts reasonable and necessary to cover the costs of
administering the licensing program established under this
section.
(e) The commission shall adopt rules to administer this
section, including rules that:
(1) establish procedures to govern the application for
and issuance of a license under this section;
(2) set minimum standards for:
(A) the operation of a remote service business;
and
(B) the sanitation requirements for performing a
digitally prearranged remote service;
(3) determine activities within the scope of barbering
and cosmetology that may be performed as a digitally prearranged
remote service; and
(4) establish procedures for inspecting and auditing
the records of a remote service business and of a person who
performs a digitally prearranged remote service.
(f) A person who holds a license, certificate of
registration, or permit to practice barbering or cosmetology and
who performs a digitally prearranged remote service shall:
(1) comply with this section and the rules adopted
under this section; and
(2) practice within the scope of the person's license,
certificate of registration, or permit.
(g) A remote service business licensed under this section
may not offer a barbering or cosmetology service that requires
treating or removing a person's hair by:
(1) coloring;
(2) processing;
(3) bleaching;
(4) dyeing;
(5) tinting; or
(6) using a cosmetic preparation.
(h) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407
do not apply to a digitally prearranged remote service scheduled
through a remote service business.
(i) Before a person licensed, registered, or permitted to
practice barbering or cosmetology performs a digitally prearranged
remote service for a client requesting the service, a remote
service business licensed under this section shall provide through
the entity's digital network:
(1) the following information regarding the person who
will perform the service:
(A) the person's first and last name;
(B) the number of the person's license,
certificate of registration, or permit, as applicable; and
(C) a photograph of the person;
(2) the following information regarding the business:
(A) Internet website address;
(B) telephone number; and
(C) license number; and
(3) the department's Internet website address,
telephone number, and notice that the client may contact the
department to file a complaint against the business or person.
(j) Within a reasonable time after completion of a digitally
prearranged remote service, the remote service business shall issue
to the client who requested the service a receipt that includes:
(1) the date the service was provided;
(2) a description of the service;
(3) the first and last name of the person who performed
the service;
(4) the number of the person's license, certificate of
registration, or permit, as applicable;
(5) the following information regarding the business:
(A) Internet website address;
(B) telephone number; and
(C) license number; and
(6) the department's Internet website address and
telephone number and notice that the client may contact the
department to file a complaint against the business or person.
(k) A remote service business operating under a license
issued under this section shall maintain each record showing
compliance with this section and the rules adopted under this
section until at least the fifth anniversary of the date the record
was generated.
(l) A remote service business shall terminate a person's
access to the business's digital network if the business or
department determines the person violated:
(1) this chapter;
(2) a rule adopted under this chapter;
(3) Chapter 1601 or 1602; or
(4) a rule adopted under Chapter 1601 or 1602.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt the rules necessary to implement Section 1603.208,
Occupations Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.