| 1 | 1 | | By: Schwertner S.B. No. 1120 |
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| 2 | 2 | | (King of Hemphill) |
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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 certain prohibited practices by a barber or |
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| 8 | 8 | | cosmetologist. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E-1, Chapter 1603, Occupations Code, |
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| 11 | 11 | | is amended by adding Section 1603.2110 to read as follows: |
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| 12 | 12 | | Sec. 1603.2110. PROHIBITED PRACTICES. (a) Except as |
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| 13 | 13 | | provided by Subsection (b), a person performing a barbering or |
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| 14 | 14 | | cosmetology service within the scope of a license or permit issued |
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| 15 | 15 | | under this subchapter may not: |
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| 16 | 16 | | (1) make an incision into the dermis layer of a |
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| 17 | 17 | | person's skin, including for purposes of injecting a medication or |
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| 18 | 18 | | other substance; or |
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| 19 | 19 | | (2) use a prescription medical device approved by the |
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| 20 | 20 | | United States Food and Drug Administration. |
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| 21 | 21 | | (b) A person holding a license or permit issued under this |
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| 22 | 22 | | subchapter may perform an act described by Subsection (a) as part of |
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| 23 | 23 | | a barbering or cosmetology service if the person is licensed to |
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| 24 | 24 | | perform that act in this state or is otherwise authorized by law to |
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| 25 | 25 | | perform that act. In a disciplinary action by the commission |
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| 26 | 26 | | related to an act in violation of Subsection (a), the license or |
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| 27 | 27 | | permit holder has the burden of proving by a preponderance of the |
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| 28 | 28 | | evidence that the person is licensed or otherwise authorized to |
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| 29 | 29 | | perform the act. |
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| 30 | 30 | | (c) This section does not affect the authority of another |
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| 31 | 31 | | state agency regulating a profession to enforce any law related to |
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| 32 | 32 | | that profession. |
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| 33 | 33 | | SECTION 2. Section 1603.2110, Occupations Code, as added by |
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| 34 | 34 | | this Act, applies only to conduct that occurs on or after the |
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| 35 | 35 | | effective date of this Act. Conduct that occurs before the |
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| 36 | 36 | | effective date of this Act is governed by the law in effect on the |
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| 37 | 37 | | date the conduct occurred, and the former law is continued in effect |
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| 38 | 38 | | for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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