| 1 | 1 | | 88R11950 JTZ-D |
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| 2 | 2 | | By: Hall S.B. No. 1337 |
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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 practice of barbering and cosmetology. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1603.0011(a), Occupations Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The practices of barbering and cosmetology consist of |
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| 12 | 12 | | performing or offering to perform for compensation any of the |
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| 13 | 13 | | following services: |
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| 14 | 14 | | (1) treating a person's hair by: |
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| 15 | 15 | | (A) providing any method of treatment in this |
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| 16 | 16 | | section as a primary service, including [arranging, beautifying,] |
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| 17 | 17 | | bleaching, [cleansing,] coloring, cutting, [dressing,] dyeing, |
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| 18 | 18 | | processing, shaping, singeing, [straightening, styling,] tinting, |
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| 19 | 19 | | or straightening or waving using reactive chemicals; |
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| 20 | 20 | | (B) providing a necessary service that is |
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| 21 | 21 | | preparatory or ancillary to a service under Paragraph (A), |
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| 22 | 22 | | including bobbing, clipping, cutting, or trimming a person's hair |
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| 23 | 23 | | or shaving a person's neck with a safety razor; or |
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| 24 | 24 | | (C) cutting the person's hair as a separate and |
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| 25 | 25 | | independent service for which a charge is directly or indirectly |
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| 26 | 26 | | made separately from charges for any other service; |
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| 27 | 27 | | (2) treating a person's mustache or beard by |
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| 28 | 28 | | arranging, beautifying, coloring, processing, styling, trimming, |
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| 29 | 29 | | or shaving with a safety razor; |
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| 30 | 30 | | (3) cleansing, stimulating, or massaging a person's |
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| 31 | 31 | | [scalp,] face, neck, shoulders, or arms: |
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| 32 | 32 | | (A) by hand or by using a device, apparatus, or |
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| 33 | 33 | | appliance; and |
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| 34 | 34 | | (B) with or without the use of any cosmetic |
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| 35 | 35 | | preparation, antiseptic, tonic, lotion, or cream; |
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| 36 | 36 | | (4) beautifying a person's face, neck, shoulders, or |
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| 37 | 37 | | arms using a cosmetic preparation, antiseptic, tonic, lotion, |
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| 38 | 38 | | powder, oil, clay, cream, or appliance; |
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| 39 | 39 | | (5) administering facial treatments; |
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| 40 | 40 | | (6) removing superfluous hair from a person's body |
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| 41 | 41 | | using depilatories, preparations or chemicals, tweezers, or other |
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| 42 | 42 | | devices or appliances of any kind or description; |
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| 43 | 43 | | (7) treating a person's nails by: |
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| 44 | 44 | | (A) cutting, trimming, polishing, tinting, |
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| 45 | 45 | | coloring, cleansing, manicuring, or pedicuring; or |
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| 46 | 46 | | (B) attaching false nails; or |
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| 47 | 47 | | (8) massaging, cleansing, treating, or beautifying a |
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| 48 | 48 | | person's hands or feet[; or |
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| 49 | 49 | | [(9) weaving a person's hair by using any method to |
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| 50 | 50 | | attach commercial hair to a person's hair or scalp]. |
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| 51 | 51 | | SECTION 2. Section 1603.0012, Occupations Code, is amended |
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| 52 | 52 | | to read as follows: |
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| 53 | 53 | | Sec. 1603.0012. SERVICES NOT CONSTITUTING BARBERING OR |
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| 54 | 54 | | COSMETOLOGY. Barbering and cosmetology do not include: |
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| 55 | 55 | | (1) threading, which involves removing unwanted hair |
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| 56 | 56 | | from a person by using a piece of thread that is looped around the |
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| 57 | 57 | | hair and pulled to remove the hair and includes the incidental |
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| 58 | 58 | | trimming of eyebrow hair; [or] |
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| 59 | 59 | | (2) servicing a person's wig, toupee, or artificial |
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| 60 | 60 | | hairpiece on a person's head or on a block after the initial retail |
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| 61 | 61 | | sale in any manner described by Section 1603.0011(a)(1); or |
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| 62 | 62 | | (3) blow-dry styling, which includes the practice of |
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| 63 | 63 | | cleansing, conditioning, drying, arranging, curling, |
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| 64 | 64 | | straightening, or styling hair using only mechanical devices, hair |
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| 65 | 65 | | sprays, and topical agents, including balms, oils, and serums. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2023. |
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