Bill Text: TX HB2727 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the regulation by the Texas Department of Licensing and Regulation of the application of eyelash extensions and private beauty culture schools; providing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB2727 Detail]
Download: Texas-2011-HB2727-Enrolled.html
H.B. No. 2727 |
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relating to the regulation by the Texas Department of Licensing and | ||
Regulation of the application of eyelash extensions and private | ||
beauty culture schools; providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1602.002(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In this chapter, "cosmetology" means the practice of | ||
performing or offering to perform for compensation any of the | ||
following services: | ||
(1) treating a person's hair by: | ||
(A) providing any method of treatment as a | ||
primary service, including arranging, beautifying, bleaching, | ||
cleansing, coloring, cutting, dressing, dyeing, processing, | ||
shampooing, shaping, singeing, straightening, styling, tinting, or | ||
waving; | ||
(B) providing a necessary service that is | ||
preparatory or ancillary to a service under Paragraph (A), | ||
including bobbing, clipping, cutting, or trimming; or | ||
(C) cutting the person's hair as a separate and | ||
independent service for which a charge is directly or indirectly | ||
made separately from charges for any other service; | ||
(2) weaving or braiding a person's hair; | ||
(3) shampooing and conditioning a person's hair; | ||
(4) servicing a person's wig or artificial hairpiece | ||
on a person's head or on a block after the initial retail sale and | ||
servicing in any manner listed in Subdivision (1); | ||
(5) treating a person's mustache or beard by | ||
arranging, beautifying, coloring, processing, styling, or | ||
trimming; | ||
(6) cleansing, stimulating, or massaging a person's | ||
scalp, face, neck, or arms: | ||
(A) by hand or by using a device, apparatus, or | ||
appliance; and | ||
(B) with or without the use of any cosmetic | ||
preparation, antiseptic, tonic, lotion, or cream; | ||
(7) beautifying a person's face, neck, or arms using a | ||
cosmetic preparation, antiseptic, tonic, lotion, powder, oil, | ||
clay, cream, or appliance; | ||
(8) administering facial treatments; | ||
(9) removing superfluous hair from a person's body | ||
using depilatories or mechanical tweezers; | ||
(10) treating a person's nails by: | ||
(A) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, or manicuring; or | ||
(B) attaching false nails; [ |
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(11) massaging, cleansing, treating, or beautifying a | ||
person's hands or feet; or | ||
(12) applying semipermanent, thread-like extensions | ||
composed of single fibers to a person's eyelashes. | ||
SECTION 2. Section 1602.255(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The commission shall adopt rules for the licensing of | ||
specialty instructors to teach specialty courses in the practice of | ||
cosmetology defined in Sections 1602.002(a)(7) [ |
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SECTION 3. Section 1602.257(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a facialist specialty license may | ||
perform only the practice of cosmetology defined in Sections | ||
1602.002(a)(6), (7), (8), [ |
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SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is | ||
amended by adding Sections 1602.2571 and 1602.2572 to read as | ||
follows: | ||
Sec. 1602.2571. ELIGIBILITY FOR A SPECIALTY LICENSE IN | ||
EYELASH EXTENSION APPLICATION. (a) A person holding a specialty | ||
license in eyelash extension application may perform only the | ||
practice of cosmetology defined in Section 1602.002(a)(12). | ||
(b) To be eligible for a specialty license in eyelash | ||
extension application, an applicant must: | ||
(1) be at least 17 years of age; | ||
(2) have obtained a high school diploma or the | ||
equivalent of a high school diploma or have passed a valid | ||
examination administered by a certified testing agency that | ||
measures the person's ability to benefit from training; and | ||
(3) have completed a training program described by | ||
Section 1602.2572 that has been approved by the commission. | ||
Sec. 1602.2572. EYELASH EXTENSION APPLICATION TRAINING | ||
PROGRAM. (a) An eyelash extension application training program | ||
must include at least 320 hours of classroom instruction and | ||
practical experience, including at least eight hours of theoretical | ||
instruction, and include instruction in the following areas: | ||
(1) recognizing infectious or contagious diseases of | ||
the eye and allergic reactions to materials; | ||
(2) proper sanitation practices; | ||
(3) occupational health and safety practices; | ||
(4) eyelash extension application procedures; and | ||
(5) eyelash extension isolation and separation | ||
procedures. | ||
(b) An instructor at an eyelash extension application | ||
training program must comply with Section 1602.251(b). | ||
(c) The commission shall adopt rules regarding eyelash | ||
extension application training programs and may establish or | ||
designate approved training programs. | ||
SECTION 5. Section 1602.262(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An applicant for an operator license, instructor | ||
license, manicurist specialty license, [ |
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license, or specialty license in eyelash extension application is | ||
entitled to the license if the applicant: | ||
(1) meets the applicable eligibility requirements; | ||
(2) passes the applicable examination; | ||
(3) pays the required fee; and | ||
(4) has not committed an act that constitutes a ground | ||
for denial of the license. | ||
SECTION 6. Sections 1602.303(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) A person holding a private beauty culture school license | ||
may maintain an establishment in which any practice of cosmetology | ||
is taught, including providing an eyelash extension application | ||
training program described by Section 1602.2572. | ||
(b) An application for a private beauty culture school | ||
license must be accompanied by the required license fee and | ||
inspection fee and: | ||
(1) be on a form prescribed by the department; | ||
(2) be verified by the applicant; and | ||
(3) contain a statement that the building: | ||
(A) is of permanent construction and is divided | ||
into at least two separate areas: | ||
(i) one area for instruction in theory; and | ||
(ii) one area for clinic work; | ||
(B) contains a minimum of: | ||
(i) 2,000 [ |
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space if the building is located in a municipality with a population | ||
of more than 50,000; or | ||
(ii) 1,000 square feet of floor space if the | ||
building is located in a municipality with a population of 50,000 or | ||
less; | ||
(C) has access to permanent [ |
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and adequate drinking fountain facilities [ |
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(D) contains, or will contain before classes | ||
begin, the equipment established by commission rule as sufficient | ||
to properly instruct a minimum of 10 [ |
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SECTION 7. Section 1602.305(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a specialty shop license may maintain | ||
an establishment in which only the practice of cosmetology as | ||
defined in Section 1602.002(a)(2) [ |
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SECTION 8. (a) The Texas Department of Licensing and | ||
Regulation shall issue a specialty license in eyelash extension | ||
application under Section 1602.2571, Occupations Code, as added by | ||
this Act, to an applicant who: | ||
(1) submits an application on a form prescribed by the | ||
department not later than April 1, 2012; | ||
(2) meets the eligibility requirements of Sections | ||
1602.2571(b)(1) and (2), Occupations Code, as added by this Act; | ||
(3) submits proof of either: | ||
(A) successful completion of a training program | ||
provided by an eyelash extension manufacturer or distributor that | ||
is approved by the department; or | ||
(B) completion of at least 240 hours of | ||
verifiable practical experience performing the practice of | ||
cosmetology defined in Section 1602.002(a)(12), Occupations Code, | ||
as added by this Act, at a facility licensed under this chapter; and | ||
(4) pays the required application fee. | ||
(b) A license issued under this section may be renewed in | ||
the same manner as a specialty license in eyelash extension | ||
application issued under Section 1602.2571, Occupations Code, as | ||
added by this Act. | ||
(c) This section expires March 1, 2013. | ||
SECTION 9. (a) Not later than February 1, 2012, the Texas | ||
Commission of Licensing and Regulation shall adopt rules to | ||
implement Sections 1602.2571 and 1602.2572, Occupations Code, as | ||
added by this Act, and Section 8 of this Act. | ||
(b) A person is not required to hold a specialty license in | ||
eyelash extension application issued under Section 1602.2571, | ||
Occupations Code, as added by this Act, until June 1, 2012. | ||
SECTION 10. The changes in law made by this Act to Section | ||
1602.303, Occupations Code, apply only to an application for a | ||
private beauty culture school license that is filed with the Texas | ||
Department of Licensing and Regulation on or after the effective | ||
date of this Act. An application that is filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
application was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2727 was passed by the House on May 3, | ||
2011, by the following vote: Yeas 127, Nays 17, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2727 was passed by the Senate on May | ||
19, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |