Bill Text: TX HB2717 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the deregulation of hair braiding.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-10 - Effective immediately [HB2717 Detail]
Download: Texas-2015-HB2717-Enrolled.html
H.B. No. 2717 |
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relating to the deregulation of hair braiding. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1601.002, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, | ||
"barbering," "practicing barbering," or the "practice of | ||
barbering" means: | ||
(1) 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; | ||
or | ||
(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; [ |
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(2) advertising or representing to the public in any | ||
manner that a person is a barber or is authorized to practice | ||
barbering; or | ||
(3) advertising or representing to the public in any | ||
manner that a location or place of business is a barbershop, | ||
specialty shop, or barber school. | ||
SECTION 2. Section 1601.003, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does | ||
not apply to a person who: | ||
(1) does not represent or advertise to the public | ||
directly or indirectly that the person is authorized by the | ||
department to practice barbering; and | ||
(2) is: | ||
(A) a physician or registered nurse licensed in | ||
this state and operating within the scope of the person's license; | ||
(B) a commissioned or authorized medical or | ||
surgical officer of the United States armed forces; | ||
(C) a person regulated under Chapter 1602, if the | ||
person practices within the scope of a permit, license, or | ||
certificate issued by the department under that chapter; [ |
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(D) an inmate in the institutional division of | ||
the Texas Department of Criminal Justice who performs barbering | ||
during the person's incarceration; or | ||
(E) a person who performs only natural hair | ||
braiding, including braiding a person's hair, trimming hair | ||
extensions only as applicable to the braiding process, and | ||
attaching commercial hair by braiding and without the use of | ||
chemicals or adhesives. | ||
SECTION 3. Section 1601.254(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 | ||
barbering as defined by Sections 1601.002(1)(C)-(H) [ |
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SECTION 4. Section 1601.265(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department shall issue a license or certificate to | ||
an applicant for a license or certificate issued under Section | ||
1601.253, 1601.256, or 1601.258[ |
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(1) submits an application on a form prescribed by the | ||
department; | ||
(2) pays the application fee; and | ||
(3) provides proof that the applicant holds a current | ||
license to engage in the same or a similar activity issued by | ||
another jurisdiction that has license requirements substantially | ||
equivalent to those of this state. | ||
SECTION 5. Section 1601.304(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person who holds a specialty shop permit may maintain | ||
an establishment in which only barbering as defined by Section | ||
1601.002(1)(E), (F), or (H)[ |
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SECTION 6. 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 a person's hair | ||
or shaving a person's neck with a safety razor; 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) [ |
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(3) [ |
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hairpiece on a person's head or on a block after the initial retail | ||
sale and servicing in any manner listed in Subdivision (1); | ||
(4) [ |
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arranging, beautifying, coloring, processing, styling, trimming, | ||
or shaving with a safety razor; | ||
(5) [ |
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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; | ||
(6) [ |
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using a cosmetic preparation, antiseptic, tonic, lotion, powder, | ||
oil, clay, cream, or appliance; | ||
(7) [ |
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(8) [ |
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body using depilatories, preparations, or tweezing techniques; | ||
(9) [ |
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(A) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, or manicuring; or | ||
(B) attaching false nails; | ||
(10) [ |
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beautifying a person's hands or feet; | ||
(11) [ |
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extensions composed of single fibers to a person's eyelashes; or | ||
(12) [ |
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SECTION 7. Section 1602.003(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) This chapter does not apply to a person who: | ||
(1) provides a service in an emergency; | ||
(2) is licensed in this state to practice medicine, | ||
dentistry, podiatry, chiropractic, or nursing and is operating | ||
within the scope of the person's license; | ||
(3) is in the business of or receives compensation for | ||
makeup applications only; | ||
(4) acts as a barber under Chapter 1601, if the person | ||
does not hold the person out as a cosmetologist; | ||
(5) provides a cosmetic service as a volunteer or an | ||
employee performing regular duties at a licensed nursing or | ||
convalescent custodial or personal care home to a patient residing | ||
in the home; | ||
(6) owns, operates, or manages a licensed nursing or | ||
convalescent custodial or personal care home that allows a person | ||
with an operator license to perform cosmetic services for patients | ||
residing in the home on an occasional but not daily basis; [ |
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(7) provides an incidental cosmetic service, or owns, | ||
operates, or manages the location where that service is provided, | ||
if the primary purpose of the service is to enable or assist the | ||
recipient of the service to participate as the subject of: | ||
(A) a photographic sitting at a fashion | ||
photography studio; | ||
(B) a television appearance; or | ||
(C) the filming of a motion picture; or | ||
(8) performs only natural hair braiding, including | ||
braiding a person's hair, trimming hair extensions only as | ||
applicable to the braiding process, and attaching commercial hair | ||
by braiding and without the use of chemicals or adhesives. | ||
SECTION 8. 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)(6), (8), (9), and (11) | ||
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SECTION 9. Section 1602.256(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a manicurist specialty license may | ||
perform only the practice of cosmetology defined in Section | ||
1602.002(a)(9) or (10) [ |
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SECTION 10. Section 1602.257(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding an esthetician specialty license may | ||
perform only the practice of cosmetology defined in Sections | ||
1602.002(a)(5), (6) [ |
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SECTION 11. Section 1602.2571(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a specialty license in eyelash | ||
extension application may perform only the practice of cosmetology | ||
defined in Section 1602.002(a)(11) [ |
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SECTION 12. Section 1602.259(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a hair weaving specialty certificate | ||
may perform only the practice of cosmetology defined in Sections | ||
1602.002(a)(2)[ |
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SECTION 13. Section 1602.260(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a wig specialty certificate may perform | ||
only the practice of cosmetology defined in Section 1602.002(a)(3) | ||
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SECTION 14. Section 1602.261(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a manicurist/esthetician specialty | ||
license may perform only the practice of cosmetology defined in | ||
Sections 1602.002(a)(5) [ |
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SECTION 15. Section 1602.267(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a shampoo apprentice permit may perform | ||
only the practice of cosmetology defined by Section 1602.002(a)(2) | ||
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SECTION 16. 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)(3), (6), (8), (9), or (11) | ||
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SECTION 17. Section 1603.352(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person who holds a license, certificate, or permit | ||
issued under this chapter, Chapter 1601, or Chapter 1602 and who | ||
performs a barbering service described by Section 1601.002(1)(E) or | ||
(F) or a cosmetology service described by Section 1602.002(a)(9) or | ||
(10) [ |
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service, clean, disinfect, and sterilize with an autoclave or dry | ||
heat sterilizer or sanitize with an ultraviolet sanitizer, in | ||
accordance with the sterilizer or sanitizer manufacturer's | ||
instructions, each metal instrument, including metal nail | ||
clippers, cuticle pushers, cuticle nippers, and other metal | ||
instruments, used to perform the service. | ||
SECTION 18. Sections 1601.259 and 1602.258, Occupations | ||
Code, are repealed. | ||
SECTION 19. (a) The Texas Department of Licensing and | ||
Regulation shall issue a refund of fees to a person holding a barber | ||
or cosmetology hair braiding specialty certificate, hair braiding | ||
instructor license, or hair braiding specialty shop license | ||
immediately before the effective date of this Act. | ||
(b) The Texas Department of Licensing and Regulation shall | ||
prorate fees on a monthly basis so that each license or certificate | ||
holder described by Subsection (a) of this section receives a | ||
refund for the amount of the fee that is allocable to the number of | ||
months from the month in which this Act takes effect until the month | ||
in which the license or certificate was scheduled to expire. | ||
SECTION 20. 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2717 was passed by the House on April | ||
23, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2717 was passed by the Senate on May | ||
20, 2015, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |