By: Hancock S.R. No. 856
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 86th
Legislature, Regular Session, 2019, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 2847 (the licensing and regulation of certain
occupations, activities, and agreements; providing a civil
penalty; authorizing fees; requiring an occupational
registration and an occupational license) to consider and take
action on the following matter:
Senate Rule 12.03(4) is suspended to permit the committee
to add text on a matter not included in either the house or senate
version of the bill by adding SECTION 14.007 to the bill, adding
Section 1603.208, Occupations Code, to read as follows:
SECTION 14.007. 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) The commission shall adopt rules to administer this
section, including rules that:
(1) set minimum standards for:
(A) the operation of a remote service
business; and
(B) the sanitation requirements for
performing a digitally prearranged remote service;
(2) determine activities within the scope of
barbering and cosmetology that may be performed as a digitally
prearranged remote service; and
(3) establish procedures for inspecting and
auditing the records of a remote service business and of a person
who performs a digitally prearranged remote service.
(c) 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.
(d) 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.
(e) A remote service business 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.
(f) 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 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; and
(B) telephone number; and
(3) 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.
(g) 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; and
(B) telephone 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.
(h) A remote service business 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.
(i) 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.
Explanation: The addition is necessary to regulate
companies that prearrange barbering and cosmetology services
outside of certain facilities.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2019, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate