Bill Text: TX HB2304 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the regulation of barbering and cosmetology.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-26 - Senate appoints conferees-reported [HB2304 Detail]
Download: Texas-2017-HB2304-Comm_Sub.html
By: Guillen (Senate Sponsor - Schwertner) | H.B. No. 2304 | |
(In the Senate - Received from the House May 10, 2017; | ||
May 10, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 22, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 22, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2304 | By: Schwertner |
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relating to the regulation of barbering and cosmetology. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1602.254(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) To be eligible for an operator license, an applicant | ||
must meet the requirements of Subsection (c) or: | ||
(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) 1,000 [ |
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licensed beauty culture school; or | ||
(B) 1,000 hours of instruction in beauty culture | ||
courses and 500 hours of related high school courses prescribed by | ||
the commission in a vocational cosmetology program in a public | ||
school. | ||
SECTION 2. 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 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 six [ |
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months and not less than 1,000 [ |
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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 3. Section 1603.102, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1603.102. SANITATION RULES. (a) The commission shall | ||
establish sanitation rules to prevent the spread of an infectious | ||
or contagious disease. | ||
(b) Rules adopted under this section applicable to an | ||
individual or facility regulated under Chapter 1602 shall be | ||
consistent with the standards and terminology related to safety and | ||
sanitation that are commonly used in the cosmetology industry. | ||
SECTION 4. Section 1603.255, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1603.255. EARLY EXAMINATION. The department may allow | ||
for the early written examination of a student who has completed the | ||
following number of hours of instruction in a department-approved | ||
training program: | ||
(1) 1,000 hours for a student seeking a Class A barber | ||
certificate [ |
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(2) 900 hours for a student seeking an operator | ||
license in a private cosmetology school; or | ||
(3) 900 hours for a student seeking a Class A barber | ||
certificate or operator license in a publicly funded barber or | ||
cosmetology school. | ||
SECTION 5. 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; [ |
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(2) a person with whom the department contracts under | ||
Section 1603.252; or | ||
(3) a private beauty culture school or a vocational | ||
cosmetology program in a public school licensed under this chapter | ||
or Chapter 1602. | ||
SECTION 6. Section 1603.351, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding any other law, the commission may | ||
adopt rules to: | ||
(1) authorize a school licensed under this chapter, | ||
Chapter 1601, or Chapter 1602 to account for any hours of | ||
instruction completed under those chapters on the basis of clock | ||
hours or credit hours; and | ||
(2) establish standards for determining the | ||
equivalency and conversion of clock hours to credit hours and | ||
credit hours to clock hours. | ||
SECTION 7. As soon as practicable after the effective date | ||
of this Act, the Texas Commission of Licensing and Regulation shall | ||
adopt rules implementing Chapter 1602, Occupations Code, as amended | ||
by this Act. | ||
SECTION 8. The change in law made by this Act to Section | ||
1602.254(b), Occupations Code, applies only to an application for | ||
an operator license submitted on or after September 1, 2018. An | ||
application for an operator license submitted before that date is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. The change in law made by this Act to Section | ||
1603.256(c), Occupations Code, applies to an examination | ||
administered on or after the effective date of this Act. An | ||
examination administered before the effective date of this Act is | ||
governed by the law in effect on the date the examination was | ||
administered, and that law is continued in effect for that purpose. | ||
SECTION 10. (a) The changes in law made by this Act do not | ||
affect the validity of a proceeding pending before a court or other | ||
governmental entity on the effective date of this Act. | ||
(b) An offense or other violation of law committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense or violation was committed before the | ||
effective date of this Act if any element of the offense or | ||
violation occurred before that date. | ||
SECTION 11. This Act takes effect September 1, 2017. | ||
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