Bill Text: TX HB1779 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of the practices of barbering and cosmetology and associated locations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Licensing & Administrative Procedures [HB1779 Detail]
Download: Texas-2013-HB1779-Introduced.html
83R7324 JSC-D | ||
By: Schaefer | H.B. No. 1779 |
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relating to the regulation of the practices of barbering and | ||
cosmetology and associated locations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 341, Health and Safety | ||
Code, is amended by adding Section 341.070 to read as follows: | ||
Sec. 341.070. BARBERING OR COSMETOLOGY ESTABLISHMENTS. (a) | ||
In this section: | ||
(1) "Barbering" means performing or offering or | ||
attempting to perform for compensation or the promise of | ||
compensation any of the following services: | ||
(A) treating a person's mustache or beard by | ||
arranging, beautifying, coloring, processing, shaving, styling, or | ||
trimming; | ||
(B) treating a person's hair by: | ||
(i) arranging, beautifying, bleaching, | ||
cleansing, coloring, curling, dressing, dyeing, processing, | ||
shampooing, shaping, singeing, straightening, styling, tinting, or | ||
waving; | ||
(ii) providing a necessary service that is | ||
preparatory or ancillary to a service under Subparagraph (i), | ||
including bobbing, clipping, cutting, or trimming; or | ||
(iii) cutting the person's hair as a | ||
separate and independent service for which a charge is directly or | ||
indirectly made separately from a charge for any other service; | ||
(C) cleansing, stimulating, or massaging a | ||
person's scalp, face, neck, arms, or shoulders: | ||
(i) by hand or by using a device, apparatus, | ||
or appliance; and | ||
(ii) with or without the use of any cosmetic | ||
preparation, antiseptic, tonic, lotion, or cream; | ||
(D) beautifying a person's face, neck, arms, or | ||
shoulders using a cosmetic preparation, antiseptic, tonic, lotion, | ||
powder, oil, clay, cream, or appliance; | ||
(E) treating a person's nails by: | ||
(i) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, manicuring, or pedicuring; or | ||
(ii) attaching false nails; | ||
(F) massaging, cleansing, treating, or | ||
beautifying a person's hands; | ||
(G) administering facial treatments; | ||
(H) weaving a person's hair by using any method | ||
to attach commercial hair to a person's hair or scalp; | ||
(I) shampooing or conditioning a person's hair; | ||
(J) servicing in any manner listed in Paragraph | ||
(B) a person's wig, toupee, or artificial hairpiece on a person's | ||
head or on a block after the initial retail sale; or | ||
(K) braiding a person's hair, trimming hair | ||
extensions only as applicable to the braiding process, and | ||
attaching commercial hair only by braiding and without the use of | ||
chemicals or adhesives. | ||
(2) "Cosmetology" means the practice of performing or | ||
offering to perform for compensation any of the following services: | ||
(A) treating a person's hair by: | ||
(i) 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; | ||
(ii) providing a necessary service that is | ||
preparatory or ancillary to a service under Subparagraph (i), | ||
including bobbing, clipping, cutting, or trimming; or | ||
(iii) 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; | ||
(B) weaving or braiding a person's hair; | ||
(C) shampooing and conditioning a person's hair; | ||
(D) 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 Paragraph (A); | ||
(E) treating a person's mustache or beard by | ||
arranging, beautifying, coloring, processing, styling, or | ||
trimming; | ||
(F) cleansing, stimulating, or massaging a | ||
person's scalp, face, neck, or arms: | ||
(i) by hand or by using a device, apparatus, | ||
or appliance; and | ||
(ii) with or without the use of any cosmetic | ||
preparation, antiseptic, tonic, lotion, or cream; | ||
(G) beautifying a person's face, neck, or arms | ||
using a cosmetic preparation, antiseptic, tonic, lotion, powder, | ||
oil, clay, cream, or appliance; | ||
(H) administering facial treatments; | ||
(I) removing superfluous hair from a person's | ||
body using depilatories, preparations, or tweezing techniques; | ||
(J) treating a person's nails by: | ||
(i) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, or manicuring; or | ||
(ii) attaching false nails; | ||
(K) massaging, cleansing, treating, or | ||
beautifying a person's hands or feet; or | ||
(L) applying semipermanent, thread-like | ||
extensions composed of single fibers to a person's eyelashes. | ||
(b) An owner, manager, operator, or other attendant in | ||
charge of an establishment providing barbering or cosmetology | ||
services to the public must keep the establishment in a sanitary | ||
condition. | ||
(c) A local health department or local health authority of a | ||
county or municipality may inspect an establishment described by | ||
Subsection (b) within the jurisdiction of the county or | ||
municipality for compliance with this section. | ||
(d) A county or municipality may by order close, for the | ||
period specified in the order, an establishment described by | ||
Subsection (b) within the jurisdiction of the county or | ||
municipality if the operation of the establishment violates this | ||
section. | ||
SECTION 2. Title 9, Occupations Code, is repealed. | ||
SECTION 3. (a) A license, certificate, or permit issued | ||
under Chapter 1601, 1602, or 1603, Occupations Code, in effect on | ||
the effective date of this Act expires on that date. | ||
(b) A proceeding under Title 9, Occupations Code, including | ||
a complaint investigation, disciplinary action, and administrative | ||
penalty proceeding, pending on the effective date of this Act is | ||
terminated on that date. | ||
(c) The Texas Department of Licensing and Regulation shall | ||
return to a person who holds a valid license, certificate, or permit | ||
under Title 9, Occupations Code, as that title existed immediately | ||
before the effective date of this Act, a prorated portion of the fee | ||
paid to the department for the issuance or renewal of the license, | ||
certificate, or permit. | ||
SECTION 4. This Act takes effect September 1, 2013. |