Bill Text: TX HB3512 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of barbers and cosmetologists.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Licensing & Administrative Procedures [HB3512 Detail]
Download: Texas-2011-HB3512-Introduced.html
82R9674 SLB-F | ||
By: Hamilton | H.B. No. 3512 |
|
||
|
||
relating to the regulation of barbers and cosmetologists. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1601.001(a), Occupations Code, is | ||
amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Barber school" means a place that holds a | ||
permit issued under Subchapter H to teach the practice of barbering | ||
and may be privately or publicly funded. The term includes a barber | ||
college. | ||
SECTION 2. Section 1601.253, Occupations Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The commission shall adopt rules for the issuance of a | ||
Class A barber certificate to a person who holds an operator license | ||
under Chapter 1602. The department shall issue the certificate to | ||
an applicant who: | ||
(1) holds an active operator license under Chapter | ||
1602; | ||
(2) completes at least 300 hours of instruction in | ||
barbering that includes barber history and shaving through a | ||
commission-approved training program in a barber school; | ||
(3) passes the examination required under Subsection | ||
(a); and | ||
(4) submits to the department: | ||
(A) an application on a form prescribed by the | ||
department; and | ||
(B) the required fee. | ||
SECTION 3. Section 1601.254, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.254. ELIGIBILITY FOR BARBER INSTRUCTOR LICENSE | ||
[ |
||
license may perform any act of barbering and may instruct a person | ||
in any act of barbering. | ||
(b) To be eligible for a barber instructor license, an [ |
||
applicant [ |
||
(1) be at least 18 years of age; | ||
(2) have a high school diploma or a high school | ||
equivalency certificate; | ||
(3) hold a current [ |
||
(4) [ |
||
(A) a course consisting of 750 hours of | ||
instruction in barber courses and methods of teaching in a barber | ||
school; or | ||
(B) at least one year of work experience as a | ||
licensed Class A barber and: | ||
(i) have completed 500 hours of instruction | ||
in barber courses and methods of teaching in a commission-approved | ||
training program; | ||
(ii) have completed 15 semester hours in | ||
education courses from an accredited college or university within | ||
the 10 years preceding the date of the application; or | ||
(iii) have obtained a degree in education | ||
from an accredited college or university; and | ||
(5) pass the required examination [ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
[ |
||
SECTION 4. Subchapter F, Chapter 1601, Occupations Code, is | ||
amended by adding Sections 1601.261, 1601.262, and 1601.263 to read | ||
as follows: | ||
Sec. 1601.261. ELIGIBILITY FOR SHAMPOO APPRENTICE PERMIT. | ||
(a) A person holding a shampoo apprentice permit may perform only | ||
barbering as defined by Section 1601.002(1)(I). | ||
(b) The department shall issue a shampoo apprentice permit | ||
to an applicant who is at least 16 years of age. | ||
(c) A shampoo apprentice permit expires on the first | ||
anniversary of the date of issuance and may not be renewed. | ||
(d) The commission shall adopt rules as necessary to | ||
administer this section. The commission may not require an | ||
applicant to: | ||
(1) complete any hours of instruction at a barber | ||
training program as a prerequisite for the issuance of a shampoo | ||
apprentice permit; or | ||
(2) pay a fee for a shampoo apprentice permit. | ||
(e) A facility licensed under this chapter may employ a | ||
person who holds a shampoo apprentice permit to perform shampooing | ||
or conditioning services and shall pay the person at least the | ||
federal minimum wage as provided by Section 6, Fair Labor Standards | ||
Act of 1938 (29 U.S.C. Section 206). | ||
Sec. 1601.262. ELIGIBILITY FOR BARBER | ||
TECHNICIAN/MANICURIST SPECIALTY LICENSE. (a) A person holding a | ||
barber technician/manicurist specialty license may perform only | ||
barbering as defined by Sections 1601.002(1)(C) through (G). | ||
(b) To be eligible for a barber technician/manicurist | ||
specialty license, an applicant must: | ||
(1) submit an application on a form prescribed by the | ||
department; | ||
(2) pay the required fee; and | ||
(3) either: | ||
(A) hold both an active barber technician license | ||
and an active manicurist license; or | ||
(B) meet the requirements of Subsection (c). | ||
(c) An applicant who qualifies under Subsection (b)(3)(B) | ||
must: | ||
(1) be at least 17 years of age and have completed the | ||
seventh grade or its equivalent; and | ||
(2) have completed: | ||
(A) 900 hours of instruction in a barber | ||
technician/manicurist curriculum in a commission-approved training | ||
program; or | ||
(B) 600 hours of instruction in a manicure | ||
curriculum and 300 hours of instruction in a barber technician | ||
curriculum in a commission-approved training program. | ||
Sec. 1601.263. ELIGIBILITY FOR BARBER TECHNICIAN/HAIR | ||
WEAVING SPECIALTY LICENSE. (a) A person holding a barber | ||
technician/hair weaving specialty license may perform only | ||
barbering as defined by Sections 1601.002(1)(C), (D), (G), and (H). | ||
(b) To be eligible for a barber technician/hair weaving | ||
specialty license, an applicant must: | ||
(1) submit an application on a form prescribed by the | ||
department; | ||
(2) pay the required fee; and | ||
(3) either: | ||
(A) hold both an active barber technician license | ||
and an active hair weaving specialty certificate of registration; | ||
or | ||
(B) meet the requirements of Subsection (c). | ||
(c) An applicant who qualifies under Subsection (b)(3)(B) | ||
must: | ||
(1) be at least 17 years of age and have completed the | ||
seventh grade or its equivalent; and | ||
(2) have completed: | ||
(A) 600 hours of instruction in a barber | ||
technician/hair weaving curriculum in a commission-approved | ||
training program; or | ||
(B) 300 hours of instruction in a hair weaving | ||
curriculum and 300 hours of instruction in a barber technician | ||
curriculum in a commission-approved training program. | ||
SECTION 5. Section 1601.352, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.352. APPLICATION FOR BARBER SCHOOL PERMIT. [ |
||
An applicant for a barber school permit must: | ||
(1) provide to the department adequate proof of | ||
financial responsibility; | ||
(2) submit an application on a form prescribed by the | ||
department; | ||
(3) satisfy the facility and equipment requirements of | ||
Section 1601.353; and | ||
(4) pay the required fee [ |
||
|
||
|
||
[ |
||
|
||
|
||
SECTION 6. Section 1601.353, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. [ |
||
The department may [ |
||
barber school if [ |
||
|
||
(1) has a building of permanent construction | ||
containing at least 1,000 [ |
||
including classroom and practical areas, covered in [ |
||
|
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
|
||
[ |
||
suitable material; | ||
(2) has the following equipment: | ||
(A) [ |
||
include a chair that reclines, a back bar, and a wall mirror [ |
||
|
||
|
||
(B) [ |
||
[ |
||
(C) [ |
||
workstation [ |
||
(D) [ |
||
|
||
[ |
||
(E) [ |
||
other materials necessary to teach the required subjects; and | ||
(F) access to permanent restrooms and [ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
(3) meets any other requirement set by the commission | ||
[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
[ |
||
SECTION 7. Section 1601.402(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A Class A barber, barber technician, instructor | ||
[ |
||
person's certificate or license on or before the expiration date. | ||
SECTION 8. Section 1601.405(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department may not require a Class A barber, barber | ||
technician, instructor [ |
||
active duty in the United States armed forces to renew the person's | ||
certificate or license. | ||
SECTION 9. Section 1601.560, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.560. INSTRUCTOR-TO-STUDENT RATIO [ |
||
|
||
|
||
|
||
[ |
||
25 students on the school's premises. [ |
||
|
||
|
||
(b) A barber school must have at least one instructor for | ||
every three student instructors on the school's premises [ |
||
|
||
|
||
concentrate on developing teaching skills and may not be booked | ||
with customers. | ||
SECTION 10. Section 1601.602, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1601.602. REVOCATION OF STUDENT INSTRUCTOR'S | ||
[ |
||
by a student instructor [ |
||
the [ |
||
[ |
||
SECTION 11. 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; or | ||
(11) massaging, cleansing, treating, or beautifying a | ||
person's hands or feet. | ||
SECTION 12. Section 1602.254, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsection (c) 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) 1,500 hours of instruction in a 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. | ||
(c) The commission shall adopt rules for the issuance of an | ||
operator license under this section to a person who holds a Class A | ||
barber certificate. The department shall issue the license to an | ||
applicant who: | ||
(1) holds an active Class A barber certificate; | ||
(2) completes 300 hours of instruction in cosmetology | ||
through a commission-approved training program in a cosmetology | ||
school; | ||
(3) passes the examination required under Section | ||
1602.262; and | ||
(4) submits to the department: | ||
(A) an application on a form prescribed by the | ||
department; and | ||
(B) the required fee. | ||
SECTION 13. Section 1602.255(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) To be eligible for an instructor license, an applicant | ||
must: | ||
(1) be at least 18 years of age; | ||
(2) have a high school diploma [ |
||
|
||
(3) hold an operator license under this chapter; [ |
||
(4) have completed: | ||
(A) [ |
||
instruction in [ |
||
(i) a licensed private beauty culture | ||
school; or | ||
(ii) a vocational training program of a | ||
publicly financed postsecondary institution; [ |
||
(B) at least: | ||
(i) one year [ |
||
experience as a licensed cosmetology operator; and | ||
(ii) 500 [ |
||
cosmetology in a commission-approved training program; or | ||
(C) 15 semester hours in education courses | ||
through an accredited college or university; and | ||
(5) pass the examination required under Section | ||
1602.262. | ||
SECTION 14. Section 1602.257, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1602.257. ELIGIBILITY FOR AESTHETICIAN [ |
||
SPECIALTY LICENSE. (a) A person holding an aesthetician [ |
||
|
||
cosmetology defined in Sections 1602.002(a)(6) through (9). | ||
(b) To be eligible for an aesthetician [ |
||
specialty license, an applicant must: | ||
(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 750 hours of instruction in | ||
aesthetics [ |
||
training program. | ||
SECTION 15. Subchapter F, Chapter 1602, Occupations Code, | ||
is amended by adding Section 1602.261 to read as follows: | ||
Sec. 1602.261. ELIGIBILITY FOR MANICURIST/AESTHETICIAN | ||
SPECIALTY LICENSE. (a) A person holding a manicurist/aesthetician | ||
specialty license may perform only the practice of cosmetology | ||
defined in Sections 1602.002(a)(6) through (11). | ||
(b) To be eligible for a manicurist/aesthetician specialty | ||
license, an applicant must: | ||
(1) submit an application on a form prescribed by the | ||
department; | ||
(2) pay the required fee; and | ||
(3) either: | ||
(A) hold both an active manicurist specialty | ||
license and an active aesthetician specialty license; or | ||
(B) meet the educational requirements of | ||
Subsection (c). | ||
(c) An applicant who qualifies under Subsection (b)(3)(B) | ||
must: | ||
(1) either: | ||
(A) have obtained a high school diploma or a high | ||
school equivalency certificate; or | ||
(B) have passed a valid examination administered | ||
by a certified testing agency that measures the person's ability to | ||
benefit from training; and | ||
(2) have completed: | ||
(A) 1,000 hours of instruction in a | ||
manicure/aesthetics specialty curriculum in a commission-approved | ||
training program; or | ||
(B) 600 hours of instruction in a manicure | ||
curriculum and 750 hours of instruction in an aesthetics curriculum | ||
in commission-approved training programs. | ||
SECTION 16. Section 1602.262, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1602.262. ISSUANCE OF LICENSE OR CERTIFICATE. (a) An | ||
applicant for a [ |
||
|
||
|
||
(1) meets the applicable eligibility requirements; | ||
(2) passes the applicable examination; | ||
(3) pays the required fee; [ |
||
(4) has not committed an act that constitutes a ground | ||
for denial of the license; and | ||
(5) submits an application on a form prescribed by the | ||
department. | ||
(b) An applicant for a specialty certificate is entitled to | ||
the certificate if the applicant: | ||
(1) meets the eligibility requirements; | ||
(2) pays the required fee; [ |
||
(3) has not committed an act that constitutes a ground | ||
for denial of the certificate; and | ||
(4) submits an application on a form prescribed by the | ||
department. | ||
SECTION 17. Section 1602.303(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) An application for a private beauty culture school | ||
license must be accompanied by the required license fee and | ||
inspection fee and: | ||
(1) be on a form prescribed by the department; | ||
(2) be verified by the applicant; and | ||
(3) contain a statement that the building: | ||
(A) is of permanent construction and is divided | ||
into at least two separate areas: | ||
(i) one area for instruction in theory; and | ||
(ii) one area for clinic work; | ||
(B) contains a minimum of 1,000 [ |
||
feet of floor space; | ||
(C) has access to permanent restrooms and | ||
adequate drinking fountain facilities [ |
||
|
||
(D) contains, or will contain before classes | ||
begin, the equipment established by commission rule as sufficient | ||
to properly instruct a minimum of 10 [ |
||
SECTION 18. 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 [ |
||
|
||
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 19. Section 1603.255, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1603.255. EARLY EXAMINATION. The department[ |
||
|
||
written examination of a student who has completed the following | ||
number of [ |
||
|
||
|
||
program: | ||
(1) 1,000 hours for a student seeking a Class A barber | ||
certificate or operator license; | ||
(2) 400 hours for a student seeking a manicurist | ||
license or speciality license; | ||
(3) 500 hours for a student seeking a barber | ||
technician license or aesthetician specialty license; | ||
(4) 600 hours for a student seeking a barber | ||
technician/manicurist specialty license; | ||
(5) 400 hours for a student seeking a barber | ||
technician/hair weaving specialty license; | ||
(6) 750 hours for a student seeking a | ||
manicurist/aesthetician specialty license; or | ||
(7) 500 hours for a student seeking a barber or | ||
cosmetology instructor license. | ||
SECTION 20. Sections 1603.352(a), (b), and (c), Occupations | ||
Code, are 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)(10) | ||
or (11) shall, before performing the service, clean, disinfect, and | ||
sterilize with an autoclave or [ |
||
with an [ |
||
|
||
manufacturer's instructions, each metal instrument, including | ||
metal nail clippers, cuticle pushers, cuticle nippers, and other | ||
metal instruments, used to perform the service. | ||
(b) The owner or manager of a barber shop, barber school, | ||
beauty shop, specialty shop, beauty culture school, or other | ||
facility licensed under this chapter, Chapter 1601, or Chapter | ||
1602, is responsible for providing an autoclave, [ |
||
sterilizer, or an ultraviolet sanitizer [ |
||
|
||
required by Subsection (a). [ |
||
|
||
|
||
|
||
(c) Each sterilized or sanitized instrument must be stored | ||
in accordance with the manufacturer's instructions. | ||
SECTION 21. Sections 1601.001(a)(5), 1601.354, and | ||
1601.355, Occupations Code, are repealed. | ||
SECTION 22. The changes in law made by this Act apply only | ||
to an application for the issuance or renewal of a license or | ||
certificate that is filed with the Texas Department of Licensing | ||
and Regulation on or after the effective date of this Act. An | ||
application for the issuance or renewal of a license or certificate | ||
that is filed before the effective date of this Act is governed by | ||
the law in effect on the date the application was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 23. This Act takes effect September 1, 2011. |