Texas 2019 - 86th Regular

Texas Senate Bill SR856 Compare Versions

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1	1		By: Hancock S.R. No. 856
2	2
3	3
4	4		SENATE RESOLUTION
5	5		BE IT RESOLVED by the Senate of the State of Texas, 86th
6	6		Legislature, Regular Session, 2019, That Senate Rule 12.03 be
7	7		suspended in part as provided by Senate Rule 12.08 to enable the
8	8		conference committee appointed to resolve the differences on
9	9		House Bill 2847 (the licensing and regulation of certain
10	10		occupations, activities, and agreements; providing a civil
11	11		penalty; authorizing fees; requiring an occupational
12	12		registration and an occupational license) to consider and take
13	13		action on the following matter:
14	14		Senate Rule 12.03(4) is suspended to permit the committee
15	15		to add text on a matter not included in either the house or senate
16	16		version of the bill by adding SECTION 14.007 to the bill, adding
17	17		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
32	32		of business that is licensed or permitted under Chapter 1601 or
33	33		1602 or 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
37	37		prearranged remote service with a person holding a license,
38	38		certificate of registration, or permit under Chapter 1601 or 1602
39	39		or this chapter.
40	40		(b) The commission shall adopt rules to administer this
41	41		section, including rules that:
42	42		(1) set minimum standards for:
43	43		(A) the operation of a remote service
44	44		business; and
45	45		(B) the sanitation requirements for
46	46		performing a digitally prearranged remote service;
47	47		(2) determine activities within the scope of
48	48		barbering and cosmetology that may be performed as a digitally
49	49		prearranged remote service; and
50	50		(3) establish procedures for inspecting and
51	51		auditing the records of a remote service business and of a person
52	52		who performs a digitally prearranged remote service.
53	53		(c) Sections 1601.453, 1601.455, 1602.251(c), and
54	54		1602.407 do not apply to a digitally prearranged remote service
55	55		scheduled through a remote service business.
56	56		(d) A person who holds a license, certificate of
57	57		registration, or permit to practice barbering or cosmetology and
58	58		who performs a digitally prearranged remote service shall:
59	59		(1) comply with this section and the rules adopted
60	60		under this section; and
61	61		(2) practice within the scope of the person's
62	62		license, certificate of registration, or permit.
63	63		(e) A remote service business may not offer a barbering
64	64		or cosmetology service that requires treating or removing a
65	65		person's hair by:
66	66		(1) coloring;
67	67		(2) processing;
68	68		(3) bleaching;
69	69		(4) dyeing;
70	70		(5) tinting; or
71	71		(6) using a cosmetic preparation.
72	72		(f) Before a person licensed, registered, or permitted to
73	73		practice barbering or cosmetology performs a digitally
74	74		prearranged remote service for a client requesting the service, a
75	75		remote service business shall provide through the entity's
76	76		digital network:
77	77		(1) the following information regarding the person
78	78		who will perform the service:
79	79		(A) the person's first and last name;
80	80		(B) the number of the person's license,
81	81		certificate of registration, or permit, as applicable; and
82	82		(C) a photograph of the person;
83	83		(2) the following information regarding the
84	84		business:
85	85		(A) Internet website address; and
86	86		(B) telephone number; and
87	87		(3) the department's Internet website address and
88	88		telephone number and notice that the client may contact the
89	89		department to file a complaint against the business or person.
90	90		(g) Within a reasonable time after completion of a
91	91		digitally prearranged remote service, the remote service
92	92		business shall issue to the client who requested the service a
93	93		receipt that includes:
94	94		(1) the date the service was provided;
95	95		(2) a description of the service;
96	96		(3) the first and last name of the person who
97	97		performed the service;
98	98		(4) the number of the person's license, certificate
99	99		of registration, or permit, as applicable;
100	100		(5) the following information regarding the
101	101		business:
102	102		(A) Internet website address; and
103	103		(B) telephone number; and
104	104		(6) the department's Internet website address and
105	105		telephone number and notice that the client may contact the
106	106		department to file a complaint against the business or person.
107	107		(h) A remote service business shall maintain each record
108	108		showing compliance with this section and the rules adopted under
109	109		this section until at least the fifth anniversary of the date the
110	110		record was generated.
111	111		(i) A remote service business shall terminate a person's
112	112		access to the business's digital network if the business or
113	113		department determines the person violated:
114	114		(1) this chapter;
115	115		(2) a rule adopted under this chapter;
116	116		(3) Chapter 1601 or 1602; or
117	117		(4) a rule adopted under Chapter 1601 or 1602.
118	118		Explanation: The addition is necessary to regulate
119	119		companies that prearrange barbering and cosmetology services
120	120		outside of certain facilities.
121		-	_______________________________
122		-	President of the Senate
123		-	I hereby certify that the
124		-	above Resolution was adopted by
125		-	the Senate on May 26, 2019, by the
126		-	following vote: Yeas 31, Nays 0.
127		-	_______________________________
128		-	Secretary of the Senate