88R6331 MAW-F
By: Schwertner S.B. No. 1120
A BILL TO BE ENTITLED
AN ACT
relating to certain prohibited practices by a barber or
cosmetologist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Chapter 1603, Occupations Code,
is amended by adding Section 1603.2110 to read as follows:
Sec. 1603.2110. PROHIBITED PRACTICES. (a) Except as
provided by Subsection (b), a person performing a barbering or
cosmetology service within the scope of a license or permit issued
under this subchapter may not:
(1) make an incision into the dermis layer of a
person's skin, including for purposes of injecting a medication or
other substance; or
(2) use a prescription medical device approved by the
United States Food and Drug Administration.
(b) A person holding a license or permit issued under this
subchapter may perform an act described by Subsection (a) as part of
a barbering or cosmetology service if the person is licensed to
perform that act in this state or is otherwise authorized by law to
perform that act. In a disciplinary action by the commission
related to an act in violation of Subsection (a), the license or
permit holder has the burden of proving by a preponderance of the
evidence that the person is licensed or otherwise authorized to
perform the act.
(c) This section does not affect the authority of another
state agency regulating a profession to enforce any law related to
that profession.
SECTION 2. Section 1603.2110, Occupations Code, as added by
this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2023.