Bill Text: TX HB2095 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to the regulation of barbering and cosmetology; authorizing fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-18 - Effective on 9/1/13 [HB2095 Detail]

Download: Texas-2013-HB2095-Enrolled.html
 
 
  H.B. No. 2095
 
 
 
 
AN ACT
  relating to the regulation of barbering and cosmetology;
  authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1601.001(a), Occupations Code, is
  amended by adding Subdivision (5) to read as follows:
               (5)  "Dual shop" means a shop owned, operated, or
  managed by a person holding a dual barber and beauty shop license
  issued under Chapter 1603.
         SECTION 2.  Section 1601.260, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  A person holding a student permit may shampoo or
  condition a person's hair in a facility licensed under this chapter
  or Chapter 1603. The barber school in which the permit holder is
  enrolled may not receive compensation for services performed under
  this subsection.
         SECTION 3.  Section 1601.261, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  This section applies only to a person who holds a permit
  under this section issued to the person before September 1, 2013.
         SECTION 4.  Section 1601.301, Occupations Code, is amended
  to read as follows:
         Sec. 1601.301.  PERMIT REQUIRED. (a) A person may not own,
  operate, or manage a barbershop, dual shop, or specialty shop
  unless the person holds the appropriate permit.
         (b)  Not later than the third day after the date the shop
  opens, a person who owns, operates, or manages a barbershop, dual
  shop, or specialty shop must submit an application to the
  department for an appropriate permit for each shop, accompanied by
  a fee set by commission rule.
         (c)  A person who owns, operates, or manages a barbershop,
  dual shop, or specialty shop may employ a person holding a student
  permit under Section 1601.260 to shampoo or condition a person's
  hair.
         SECTION 5.  Section 1601.353, Occupations Code, is amended
  to read as follows:
         Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT. The
  department may approve an application for a permit for a barber
  school if the school:
               (1)  is located in:
                     (A)  a municipality with a population of more than
  50,000 that has a building of permanent construction containing at
  least 2,000 square feet of floor space, including classroom and
  practical areas, covered in a hard-surface floor-covering of tile
  or other suitable material; or
                     (B)  a municipality with a population of 50,000 or
  less or an unincorporated area of a county that has a building of
  permanent construction containing at least 1,000 square feet of
  floor space, including classroom and practical areas, covered in a
  hard-surface floor-covering of tile or other suitable material;
               (2)  has the following equipment:
                     (A)  at least 10 student workstations that include
  a chair that reclines, a back bar, and a wall mirror;
                     (B)  a sink behind every two workstations;
                     (C)  [a liquid sterilizer for each workstation;
                     [(D)]  adequate lighting for each room;
                     (D) [(E)]  at least 10 classroom chairs and other
  materials necessary to teach the required subjects; and
                     (E) [(F)]  access to permanent restrooms and
  adequate drinking fountain facilities; and
               (3)  meets any other requirement set by the commission.
         SECTION 6.  Subchapter J, Chapter 1601, Occupations Code, is
  amended by adding Section 1601.455 to read as follows:
         Sec. 1601.455.  SERVICE AT UNLICENSED LOCATION.  (a)  In this
  section, "licensed facility" means the premises of a place of
  business that holds a license, certificate, or permit under this
  chapter or Chapter 1603.
         (b)  A person holding a license, certificate, or permit under
  this chapter may perform a service within the scope of the license,
  certificate, or permit at a location other than a licensed facility
  for a client who, because of illness or physical or mental
  incapacitation, is unable to receive the services at a licensed
  facility.
         (c)  An appointment for a service performed under this
  section must be made through a licensed facility.
         SECTION 7.  Section 1602.001, Occupations Code, is amended
  by adding Subdivision (3-a) to read as follows:
               (3-a)  "Dual shop" means a shop owned, operated, or
  managed by a person holding a dual barber and beauty shop license
  issued under Chapter 1603.
         SECTION 8.  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, preparations, or tweezing techniques;
               (10)  treating a person's nails by:
                     (A)  cutting, trimming, polishing, tinting,
  coloring, cleansing, or manicuring; or
                     (B)  attaching false nails;
               (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; or
               (13)  weaving a person's hair.
         SECTION 9.  Section 1602.051, Occupations Code, is amended
  to read as follows:
         Sec. 1602.051.  BOARD; MEMBERSHIP.  (a)  The Advisory Board
  on Cosmetology consists of nine [seven] members appointed by the
  presiding officer of the commission, with the commission's
  approval, as follows:
               (1)  one member who holds a license for a beauty shop
  that is part of a chain of beauty shops;
               (2)  one member who holds a license for a beauty shop
  that is not part of a chain of beauty shops;
               (3)  one member who holds a private beauty culture
  school license;
               (4)  two members who each hold an operator license;
               (5)  one member who represents a licensed public
  secondary or postsecondary beauty culture school; [and]
               (6)  one member who represents a licensed public
  secondary beauty culture school; and
               (7)  two [one] public members [member].
         (b)  The associate commissioner [for occupational education
  and technology] of the Texas Education Agency responsible for
  career and technical education or the associate commissioner's
  authorized representative shall serve as an ex officio member of
  the commission without voting privileges.
         SECTION 10.  Section 1602.251(c), Occupations Code, is
  amended to read as follows:
         (c)  A person licensed by the department may practice
  cosmetology only at a facility operated by a person holding a beauty
  shop license, specialty shop license, private beauty culture school
  license, or other license issued by the department.
         SECTION 11.  Section 1602.258, Occupations Code, is amended
  to read as follows:
         Sec. 1602.258.  ELIGIBILITY FOR A HAIR BRAIDING SPECIALTY
  CERTIFICATE. (a) A person holding a hair braiding specialty
  certificate may perform only the practice of cosmetology defined in
  Section 1602.002(a)(2) [Sections 1602.002(a)(2) through (4)].
         (b)  To be eligible for a hair braiding specialty
  certificate, an applicant must:
               (1)  be at least 17 years of age; and
               (2)  have the necessary requisites as determined by the
  department in the particular specialty for which certification is
  sought, including training through a commission-approved training
  program.
         SECTION 12.  Subchapter F, Chapter 1602, Occupations Code,
  is amended by adding Sections 1602.259 and 1602.260 to read as
  follows:
         Sec. 1602.259.  ELIGIBILITY FOR A HAIR WEAVING SPECIALTY
  CERTIFICATE. (a) A person holding a hair weaving specialty
  certificate may perform only the practice of cosmetology defined in
  Sections 1602.002(a)(2), (3), and (13).
         (b)  To be eligible for a hair weaving specialty certificate,
  an applicant must:
               (1)  be at least 17 years of age; and
               (2)  have the necessary requisites as determined by the
  department in the particular specialty for which certification is
  sought, including training through a commission-approved training
  program.
         Sec. 1602.260.  ELIGIBILITY FOR A WIG SPECIALTY CERTIFICATE.
  (a) A person holding a wig specialty certificate may perform only
  the practice of cosmetology defined in Section 1602.002(a)(4).
         (b)  To be eligible for a wig specialty certificate, an
  applicant must:
               (1)  be at least 17 years of age; and
               (2)  have the necessary requisites as determined by the
  department in the particular specialty for which certification is
  sought, including training through a commission-approved training
  program.
         SECTION 13.  Section 1602.266, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  A person holding a student permit may shampoo or
  condition a person's hair in a facility licensed under this chapter
  or Chapter 1603.
         SECTION 14.  Section 1602.267, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  This section applies only to a person who holds a permit
  under this section issued to the person before September 1, 2013.
         SECTION 15.  Section 1602.301, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  A person may not operate a vocational cosmetology
  program in a public school or lease space on the premises of a
  beauty shop, specialty shop, or dual shop to engage in the practice
  of cosmetology as an independent contractor unless the person holds
  a license issued under this chapter.
         (c)  A person who owns, operates, or manages a beauty shop,
  specialty shop, or dual shop may employ a person holding a student
  permit under Section 1602.266 to shampoo or condition a person's
  hair.
         SECTION 16.  Section 1602.354(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission will by rule recognize, prepare, or
  administer continuing education programs for the practice of
  cosmetology. Participation in the programs is mandatory for all
  license renewals other than renewal of a shampoo specialty
  certificate.
         SECTION 17.  Section 1602.403(c), Occupations Code, is
  amended to read as follows:
         (c)  A person holding a beauty shop license or specialty shop
  license may not employ:
               (1)  a person as an operator or specialist or lease to a
  person who acts as an operator or specialist unless the person holds
  a license or certificate under this chapter or under Chapter 1601;
  or
               (2)  a person to shampoo or condition a person's hair
  unless the person holds a shampoo apprentice permit or student
  permit.
         SECTION 18.  Subchapter I, Chapter 1602, Occupations Code,
  is amended by adding Section 1602.407 to read as follows:
         Sec. 1602.407.  SERVICE AT UNLICENSED LOCATION.  (a)  In this
  section, "licensed facility" means the premises of a place of
  business that holds a license, certificate, or permit under this
  chapter or Chapter 1603.
         (b)  A person holding a license, certificate, or permit under
  this chapter may perform a service within the scope of the license,
  certificate, or permit at a location other than a licensed facility
  for a client who, because of illness or physical or mental
  incapacitation, is unable to receive the services at a licensed
  facility.
         (c)  An appointment for a service performed under this
  section must be made through a licensed facility.
         SECTION 19.  Section 1602.451(a), Occupations Code, is
  amended to read as follows:
         (a)  The holder of a private beauty culture school license
  shall:
               (1)  maintain a sanitary establishment;
               (2)  maintain on duty one [full-time] licensed
  instructor for each 25 students in attendance;
               (3)  maintain a daily record of students' attendance;
               (4)  establish regular class and instruction hours and
  grades;
               (5)  require a school term of not less than nine months
  and not less than 1,500 hours instruction for a complete course in
  cosmetology;
               (6)  require a school term of not less than 600 hours
  instruction for a complete course in manicuring;
               (7)  hold examinations before issuing diplomas;
               (8)  maintain a copy of the school's curriculum in a
  conspicuous place and verify that the curriculum is being followed;
               (9)  publish in the school's catalogue and enrollment
  contract a description of the refund policy required under Section
  1602.458; and
               (10)  provide the department with information on:
                     (A)  the current course completion rates of
  students who attend a course of instruction offered by the school;
  and
                     (B)  job placement rates and employment rates of
  students who complete the course of instruction.
         SECTION 20.  Section 1602.456, Occupations Code, is amended
  by adding Subsection (b-1) to read as follows:
         (b-1)  A private beauty culture school or public school in
  which a student permit holder is enrolled may not receive
  compensation for services performed under Section 1602.266(c).
         SECTION 21.  Subchapter E, Chapter 1603, Occupations Code,
  is amended by adding Section 1603.207 to read as follows:
         Sec. 1603.207.  MINI-SALONS AND MINI-BARBERSHOPS. (a)  In
  this section, "mini-salon or mini-barbershop" includes a room or
  suite of rooms that is one of a number of connected establishments
  in a single premises that open onto a common hallway or another
  configuration of operations as determined by commission rule in
  which a person practices barbering or cosmetology under a license,
  certificate, or permit issued under this chapter, Chapter 1601, or
  Chapter 1602.
         (b)  The commission may adopt rules for the:
               (1)  licensing, permitting, operation, inspection, and
  reporting requirements of a mini-salon or mini-barbershop;
               (2)  fees required to issue or renew a license or permit
  for or to inspect a mini-salon or mini-barbershop; and
               (3)  sanitation standards required for a mini-salon or
  mini-barbershop.
         (c)  A mini-salon or mini-barbershop licensed, certified, or
  permitted under this section must meet the requirements of a
  barbershop, beauty shop, dual shop, or specialty shop licensed,
  certified, or permitted under this chapter, Chapter 1601, or
  Chapter 1602.
         SECTION 22.  Section 1603.256(c), Occupations Code, is
  amended to read as follows:
         (c)  The following persons may administer a practical
  examination required under this subchapter:
               (1)  the department; or
               (2)  a person with whom the department contracts under
  Section 1603.252[; or
               [(3)  an examination proctor].
         SECTION 23.  Section 1603.351, Occupations Code, is amended
  to read as follows:
         Sec. 1603.351.  MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
  EDUCATION.  (a)  The commission shall prescribe the minimum
  curriculum, including the subjects and the number of hours in each
  subject, taught by a school licensed under this chapter, Chapter
  1601, or Chapter 1602[, including a private beauty culture school
  or a vocational cosmetology program in a public school].
         (b)  The commission may adopt rules allowing distance
  education only for the theory portion of the curriculum taught by a
  school licensed under this chapter, Chapter 1601, or Chapter 1602.
         (c)  Distance education does not satisfy the requirements of
  the practical portion of the curriculum taught by a school licensed
  under this chapter, Chapter 1601, or Chapter 1602.
         SECTION 24.  The following sections of the Occupations Code
  are repealed:
               (1)  Sections 1601.261(b) and (e);
               (2)  Sections 1602.267(b) and (e);
               (3)  Section 1603.153;
               (4)  Section 1603.251; and
               (5)  Section 1603.257.
         SECTION 25.  (a)  A person holding a shampoo specialty
  certificate under Section 1602.258, Occupations Code, on the
  effective date of this Act may continue to provide services under
  and renew the certificate as provided by Chapter 1602, Occupations
  Code.
         (b)  The Texas Department of Licensing and Regulation may not
  issue an original shampoo specialty certificate on or after
  September 1, 2013.
         (c)  A person holding a shampoo apprentice permit under
  Section 1601.261 or 1602.267, Occupations Code, on the effective
  date of this Act may continue to provide services under the permit
  as provided by Chapter 1601 or 1602, Occupations Code, as
  appropriate.
         (d)  The Texas Department of Licensing and Regulation may not
  issue an original shampoo apprentice permit on or after September
  1, 2013.
         SECTION 26.  Not later than May 1, 2014, the Texas Commission
  of Licensing and Regulation shall adopt rules to implement Section
  1603.207, Occupations Code, as added by this Act, and Section
  1603.351, Occupations Code, as amended by this Act.
         SECTION 27.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2095 was passed by the House on April
  11, 2013, by the following vote:  Yeas 139, Nays 5, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2095 was passed by the Senate on May
  8, 2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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