| 1 | 1 | | 88R16252 MAW-F |
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| 2 | 2 | | By: Allen H.B. No. 823 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of an inmate for certain occupational |
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| 8 | 8 | | licenses and the practice of certain occupations by an inmate of the |
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| 9 | 9 | | Texas Department of Criminal Justice. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter H, Chapter 51, Occupations Code, is |
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| 12 | 12 | | amended by adding Section 51.4042 to read as follows: |
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| 13 | 13 | | Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES. |
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| 14 | 14 | | Notwithstanding any other law, the commission may adopt rules |
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| 15 | 15 | | authorizing the issuance of a license under Chapter 1302, 1305, or |
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| 16 | 16 | | 1603 to an applicant who is an inmate of the Texas Department of |
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| 17 | 17 | | Criminal Justice. |
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| 18 | 18 | | SECTION 2. Subchapter B, Chapter 1302, Occupations Code, is |
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| 19 | 19 | | amended by adding Section 1302.062 to read as follows: |
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| 20 | 20 | | Sec. 1302.062. INMATES. This chapter does not apply to a |
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| 21 | 21 | | person who performs air conditioning and refrigeration-related |
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| 22 | 22 | | work as an inmate in the Texas Department of Criminal Justice if the |
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| 23 | 23 | | work is performed as part of a reentry program or under supervision |
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| 24 | 24 | | acceptable to the department. |
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| 25 | 25 | | SECTION 3. Section 1305.003, Occupations Code, is amended |
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| 26 | 26 | | by adding Subsection (a-1) to read as follows: |
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| 27 | 27 | | (a-1) This chapter does not apply to a person who performs |
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| 28 | 28 | | electrical work as an inmate in the Texas Department of Criminal |
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| 29 | 29 | | Justice if the work is performed as part of a reentry program or |
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| 30 | 30 | | under supervision acceptable to the department. |
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| 31 | 31 | | SECTION 4. Section 1603.0013, Occupations Code, is amended |
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| 32 | 32 | | to read as follows: |
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| 33 | 33 | | Sec. 1603.0013. APPLICATION OF CHAPTER. (a) This chapter |
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| 34 | 34 | | does not apply to a person who: |
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| 35 | 35 | | (1) does not represent or advertise to the public |
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| 36 | 36 | | directly or indirectly that the person is authorized by the |
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| 37 | 37 | | department to practice barbering or cosmetology and the person is: |
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| 38 | 38 | | (A) licensed in this state to practice medicine, |
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| 39 | 39 | | dentistry, podiatry, chiropractic, or nursing and operating within |
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| 40 | 40 | | the scope of the person's license; |
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| 41 | 41 | | (B) a commissioned or authorized medical or |
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| 42 | 42 | | surgical officer of the United States armed forces; or |
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| 43 | 43 | | (C) an inmate in the institutional division of |
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| 44 | 44 | | the Texas Department of Criminal Justice who performs barbering or |
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| 45 | 45 | | cosmetology during the person's incarceration; |
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| 46 | 46 | | (2) provides a service in an emergency; |
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| 47 | 47 | | (3) is in the business of or receives compensation for |
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| 48 | 48 | | makeup applications only; |
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| 49 | 49 | | (4) provides a cosmetic service as a volunteer or an |
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| 50 | 50 | | employee performing regular duties at a licensed nursing or |
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| 51 | 51 | | convalescent custodial or personal care home to a patient residing |
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| 52 | 52 | | in the home; |
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| 53 | 53 | | (5) owns, operates, or manages a licensed nursing or |
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| 54 | 54 | | convalescent custodial or personal care home that allows a person |
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| 55 | 55 | | with an operator license to perform cosmetic services for patients |
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| 56 | 56 | | residing in the home on an occasional but not daily basis; |
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| 57 | 57 | | (6) provides an incidental cosmetic service, or owns, |
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| 58 | 58 | | operates, or manages the location where that service is provided, |
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| 59 | 59 | | if the primary purpose of the service is to enable or assist the |
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| 60 | 60 | | recipient of the service to participate as the subject of: |
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| 61 | 61 | | (A) a photographic sitting at a permanent |
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| 62 | 62 | | establishment that charges a fee exclusively for a photographic |
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| 63 | 63 | | sitting; |
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| 64 | 64 | | (B) a television appearance; or |
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| 65 | 65 | | (C) the filming of a motion picture; or |
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| 66 | 66 | | (7) performs only natural hair braiding, including |
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| 67 | 67 | | braiding a person's hair, trimming hair extensions only as |
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| 68 | 68 | | applicable to the braiding process, and attaching commercial hair |
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| 69 | 69 | | by braiding and without the use of chemicals or adhesives. |
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| 70 | 70 | | (b) This chapter does not apply to a person who performs |
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| 71 | 71 | | barbering or cosmetology as an inmate in the Texas Department of |
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| 72 | 72 | | Criminal Justice if the work is performed as part of a reentry |
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| 73 | 73 | | program or under supervision acceptable to the department. |
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| 74 | 74 | | SECTION 5. This Act takes effect September 1, 2023. |
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