Bill Text: TX HB2846 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to abolishing certain specialty licenses and certificates for the practice of barbering or cosmetology.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Licensing & Administrative Procedures [HB2846 Detail]
Download: Texas-2015-HB2846-Introduced.html
84R12191 MAW-D | ||
By: Goldman | H.B. No. 2846 |
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relating to abolishing certain specialty licenses and certificates | ||
for the practice of barbering or cosmetology. | ||
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; or | ||
(H) [ |
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hair; | ||
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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 1601.254(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)-(G) | ||
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SECTION 3. Section 1601.256(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a barber technician license may: | ||
(1) perform only barbering as defined by Sections | ||
1601.002(1)(C), (D), (F), (G), and (H) [ |
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(2) practice only at a location that has been issued a | ||
barbershop permit. | ||
SECTION 4. Section 1601.261(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a shampoo apprentice permit may perform | ||
only barbering as defined by Section 1601.002(1)(H) | ||
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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) or[ |
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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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arranging, beautifying, coloring, processing, styling, trimming, | ||
or shaving with a safety razor; | ||
(4) [ |
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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; | ||
(5) [ |
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using a cosmetic preparation, antiseptic, tonic, lotion, powder, | ||
oil, clay, cream, or appliance; | ||
(6) [ |
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(7) [ |
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body using depilatories, preparations, or tweezing techniques; | ||
(8) [ |
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(A) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, or manicuring; or | ||
(B) attaching false nails; | ||
(9) [ |
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beautifying a person's hands or feet; or | ||
(10) [ |
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extensions composed of single fibers to a person's eyelashes [ |
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SECTION 7. 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)(5), (7), (8), and (10) | ||
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SECTION 8. 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)(8) or (9) [ |
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SECTION 9. 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)(4), (5), (6), (7), and (10) [ |
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SECTION 10. 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)(10) [ |
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SECTION 11. 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)(4) through (9) [ |
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SECTION 12. 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(2) | ||
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SECTION 13. 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)(5) [ |
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SECTION 14. 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)(8) or | ||
(9) [ |
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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 15. Sections 1601.258, 1601.259, 1601.263, | ||
1602.258, 1602.259, and 1602.260, Occupations Code, are repealed. | ||
SECTION 16. (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. | ||
(c) On the effective date of this Act a license or | ||
certificate issued under former Section 1601.258, 1601.259, | ||
1601.263, 1602.258, 1602.259, or 1602.260, Occupations Code, | ||
expires. | ||
SECTION 17. This Act takes effect September 1, 2015. |