88R16252 MAW-F
By: Allen H.B. No. 823
Substitute the following for H.B. No. 823:
By: Herrero C.S.H.B. No. 823
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of an inmate for certain occupational
licenses and the practice of certain occupations by an inmate of the
Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Occupations Code, is
amended by adding Section 51.4042 to read as follows:
Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES.
Notwithstanding any other law, the commission may adopt rules
authorizing the issuance of a license under Chapter 1302, 1305, or
1603 to an applicant who is an inmate of the Texas Department of
Criminal Justice.
SECTION 2. Subchapter B, Chapter 1302, Occupations Code, is
amended by adding Section 1302.062 to read as follows:
Sec. 1302.062. INMATES. This chapter does not apply to a
person who performs air conditioning and refrigeration-related
work as an inmate in the Texas Department of Criminal Justice if the
work is performed as part of a reentry program or under supervision
acceptable to the department.
SECTION 3. Section 1305.003, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) This chapter does not apply to a person who performs
electrical work as an inmate in the Texas Department of Criminal
Justice if the work is performed as part of a reentry program or
under supervision acceptable to the department.
SECTION 4. Section 1603.0013, Occupations Code, is amended
to read as follows:
Sec. 1603.0013. APPLICATION OF CHAPTER. (a) This chapter
does not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department to practice barbering or cosmetology and the person is:
(A) licensed in this state to practice medicine,
dentistry, podiatry, chiropractic, or nursing and operating within
the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces; or
(C) an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering or
cosmetology during the person's incarceration;
(2) provides a service in an emergency;
(3) is in the business of or receives compensation for
makeup applications only;
(4) provides a cosmetic service as a volunteer or an
employee performing regular duties at a licensed nursing or
convalescent custodial or personal care home to a patient residing
in the home;
(5) owns, operates, or manages a licensed nursing or
convalescent custodial or personal care home that allows a person
with an operator license to perform cosmetic services for patients
residing in the home on an occasional but not daily basis;
(6) provides an incidental cosmetic service, or owns,
operates, or manages the location where that service is provided,
if the primary purpose of the service is to enable or assist the
recipient of the service to participate as the subject of:
(A) a photographic sitting at a permanent
establishment that charges a fee exclusively for a photographic
sitting;
(B) a television appearance; or
(C) the filming of a motion picture; or
(7) performs only natural hair braiding, including
braiding a person's hair, trimming hair extensions only as
applicable to the braiding process, and attaching commercial hair
by braiding and without the use of chemicals or adhesives.
(b) This chapter does not apply to a person who performs
barbering or cosmetology as an inmate in the Texas Department of
Criminal Justice if the work is performed as part of a reentry
program or under supervision acceptable to the department.
SECTION 5. This Act takes effect September 1, 2023.