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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the regulation of barbers and cosmetologists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1601.001(a), Occupations Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Barber school" means a place that holds a |
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permit issued under Subchapter H to teach the practice of barbering |
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and may be privately or publicly funded. The term includes a barber |
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college. |
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SECTION 2. Section 1601.253, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) The commission shall adopt rules for the issuance of a |
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Class A barber certificate to a person who holds an operator license |
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under Chapter 1602. The department shall issue the certificate to |
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an applicant who: |
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(1) holds an active operator license under Chapter |
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1602; |
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(2) completes at least 300 hours of instruction in |
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barbering that includes barber history and shaving through a |
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commission-approved training program in a barber school; |
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(3) passes the examination required under Subsection |
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(a); and |
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(4) submits to the department: |
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(A) an application on a form prescribed by the |
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department; and |
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(B) the required fee. |
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SECTION 3. Section 1601.254, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.254. ELIGIBILITY FOR BARBER INSTRUCTOR LICENSE |
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[TEACHER'S CERTIFICATE]. (a) A person holding a barber instructor |
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license may perform any act of barbering and may instruct a person |
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in any act of barbering. |
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(b) To be eligible for a barber instructor license, an [An] |
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applicant [for a teacher's certificate] must: |
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(1) be at least 18 years of age; |
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(2) have a high school diploma or a high school |
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equivalency certificate; |
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(3) hold a current [be a] Class A barber certificate; |
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(4) [(2)] have completed: |
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(A) a course consisting of 750 hours of |
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instruction in barber courses and methods of teaching in a barber |
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school; or |
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(B) at least one year of work experience as a |
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licensed Class A barber and: |
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(i) have completed 500 hours of instruction |
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in barber courses and methods of teaching in a commission-approved |
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training program; |
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(ii) have completed 15 semester hours in |
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education courses from an accredited college or university within |
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the 10 years preceding the date of the application; or |
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(iii) have obtained a degree in education |
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from an accredited college or university; and |
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(5) pass the required examination [five years'
|
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experience as a practicing barber in a barbershop, two years of
|
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which occurred in the two years preceding the application date; and
|
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[(3)
submit the required examination fee with the
|
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application]. |
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[(b)
An applicant must submit a new application and fee for
|
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each examination taken by the applicant. Fees paid are not
|
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refundable.
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[(c)
The department shall issue a teacher's certificate to
|
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an applicant who:
|
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[(1) passes the appropriate examination; and
|
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[(2) pays the required certificate fee.] |
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SECTION 4. Subchapter F, Chapter 1601, Occupations Code, is |
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amended by adding Sections 1601.261, 1601.262, and 1601.263 to read |
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as follows: |
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Sec. 1601.261. ELIGIBILITY FOR SHAMPOO APPRENTICE PERMIT. |
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(a) A person holding a shampoo apprentice permit may perform only |
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barbering as defined by Section 1601.002(1)(I). |
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(b) The department shall issue a shampoo apprentice permit |
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to an applicant who is at least 16 years of age. |
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(c) A shampoo apprentice permit expires on the first |
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anniversary of the date of issuance and may not be renewed. |
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(d) The commission shall adopt rules as necessary to |
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administer this section. The commission may not require an |
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applicant to: |
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(1) complete any hours of instruction at a barber |
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training program as a prerequisite for the issuance of a shampoo |
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apprentice permit; or |
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(2) pay a fee for a shampoo apprentice permit. |
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(e) A facility licensed under this chapter may employ a |
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person who holds a shampoo apprentice permit to perform shampooing |
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or conditioning services and shall pay the person at least the |
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federal minimum wage as provided by Section 6, Fair Labor Standards |
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Act of 1938 (29 U.S.C. Section 206). |
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Sec. 1601.262. ELIGIBILITY FOR BARBER |
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TECHNICIAN/MANICURIST SPECIALTY LICENSE. (a) A person holding a |
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barber technician/manicurist specialty license may perform only |
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barbering as defined by Sections 1601.002(1)(C) through (G). |
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(b) To be eligible for a barber technician/manicurist |
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specialty license, an applicant must: |
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(1) submit an application on a form prescribed by the |
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department; |
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(2) pay the required fee; and |
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(3) either: |
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(A) hold both an active barber technician license |
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and an active manicurist license; or |
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(B) meet the requirements of Subsection (c). |
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(c) An applicant who qualifies under Subsection (b)(3)(B) |
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must: |
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(1) be at least 17 years of age and have completed the |
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seventh grade or its equivalent; and |
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(2) have completed: |
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(A) 900 hours of instruction in a barber |
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technician/manicurist curriculum in a commission-approved training |
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program; or |
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(B) 600 hours of instruction in a manicure |
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curriculum and 300 hours of instruction in a barber technician |
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curriculum in a commission-approved training program. |
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Sec. 1601.263. ELIGIBILITY FOR BARBER TECHNICIAN/HAIR |
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WEAVING SPECIALTY LICENSE. (a) A person holding a barber |
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technician/hair weaving specialty license may perform only |
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barbering as defined by Sections 1601.002(1)(C), (D), (G), and (H). |
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(b) To be eligible for a barber technician/hair weaving |
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specialty license, an applicant must: |
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(1) submit an application on a form prescribed by the |
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department; |
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(2) pay the required fee; and |
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(3) either: |
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(A) hold both an active barber technician license |
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and an active hair weaving specialty certificate of registration; |
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or |
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(B) meet the requirements of Subsection (c). |
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(c) An applicant who qualifies under Subsection (b)(3)(B) |
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must: |
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(1) be at least 17 years of age and have completed the |
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seventh grade or its equivalent; and |
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(2) have completed: |
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(A) 600 hours of instruction in a barber |
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technician/hair weaving curriculum in a commission-approved |
|
training program; or |
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(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. |
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SECTION 5. Section 1601.352, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.352. APPLICATION FOR BARBER SCHOOL PERMIT. [(a)] |
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An applicant for a barber school permit must: |
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(1) provide to the department adequate proof of |
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financial responsibility; |
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(2) submit an application on a form prescribed by the |
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department; |
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(3) satisfy the facility and equipment requirements of |
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Section 1601.353; and |
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(4) pay the required fee [demonstrate to the
|
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department that the school meets the requirements of this
|
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subchapter for issuance of a permit]. |
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[(b)
Before issuing a barber school permit, the department
|
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must determine that the applicant is financially sound and capable
|
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of fulfilling the applicant's commitments for training.] |
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SECTION 6. Section 1601.353, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. [(a)] |
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The department may [not] approve an application for a permit for a |
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barber school if [that provides training leading to issuance of a
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Class A barber certificate unless] the school [has]: |
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(1) has a building of permanent construction |
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containing at least 1,000 [2,800] square feet of floor space, |
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including classroom and practical areas, covered in [divided into
|
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at least:
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[(A) a senior department;
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[(B) a junior department;
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[(C) a class theory room;
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[(D) a supply room;
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[(E) an office space; and
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[(F)
separate restrooms for male and female
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students;
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[(2)] a hard-surface floor-covering of tile or other |
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suitable material; |
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(2) has the following equipment: |
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(A) [(3)] at least 10 student workstations that |
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include a chair that reclines, a back bar, and a wall mirror [20
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modern barber chairs, including a cabinet and mirror for each
|
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chair]; |
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(B) [(4)] a sink behind every two workstations |
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[barber chairs]; |
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(C) [(5)] a liquid sterilizer for each |
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workstation [barber chair]; |
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(D) [(6)
an adequate number of latherers,
|
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vibrators, and hair dryers for student use;
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[(7)] adequate lighting for each room; |
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(E) [(8)] at least 10 [20] classroom chairs and |
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other materials necessary to teach the required subjects; and |
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(F) access to permanent restrooms and [, a
|
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blackboard, anatomical charts of the head, neck, and face, and one
|
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barber chair in the class theory room;
|
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[(9)
at least one medical dictionary and a standard
|
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work on human anatomy;
|
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[(10)] adequate drinking fountain facilities[, with
|
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at least one for each floor]; and |
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(3) meets any other requirement set by the commission |
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[(11) at least one fire extinguisher]. |
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[(b)
An applicant for a barber school permit must submit to
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the department:
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[(1)
a detailed drawing and chart of the proposed
|
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physical layout of the school, showing the departments, floor
|
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space, equipment, lights, and outlets;
|
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[(2)
photographs of the proposed site for the school,
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including the interior and exterior of the building, rooms, and
|
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departments;
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[(3) a detailed copy of the training program;
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[(4)
a copy of the catalogue and promotional
|
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literature of the school;
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[(5)
a copy of the building lease or proposed building
|
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lease if the building is not owned by the school;
|
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[(6)
a sworn statement showing the ownership of the
|
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school; and
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[(7) the required permit fee.] |
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SECTION 7. Section 1601.402(b), Occupations Code, is |
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amended to read as follows: |
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(b) A Class A barber, barber technician, instructor |
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[teacher], manicurist, or other licensed specialist must renew the |
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person's certificate or license on or before the expiration date. |
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SECTION 8. Section 1601.405(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department may not require a Class A barber, barber |
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technician, instructor [teacher], or manicurist who is serving on |
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active duty in the United States armed forces to renew the person's |
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certificate or license. |
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SECTION 9. Section 1601.560, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.560. INSTRUCTOR-TO-STUDENT RATIO [QUALIFIED
|
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INSTRUCTOR]. (a) A [In addition to the teacher required by Section
|
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1601.355(b), a] barber school must [that provides training leading
|
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to issuance of a Class A barber certificate shall] have at least one |
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[qualified] instructor[, holding a Class A certificate,] for every |
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25 students on the school's premises. [A teacher may serve as an
|
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instructor in practical work in addition to holding a position as a
|
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theory teacher.] |
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(b) A barber school must have at least one instructor for |
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every three student instructors on the school's premises [may not
|
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enroll more than one student teacher for each certified teacher who
|
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teaches at the school]. A student instructor [teacher] shall |
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concentrate on developing teaching skills and may not be booked |
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with customers. |
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SECTION 10. Section 1601.602, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.602. REVOCATION OF STUDENT INSTRUCTOR'S |
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[TEACHER'S] BARBER CERTIFICATE. A violation of Section 1601.560(b) |
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by a student instructor [teacher] is a ground for the revocation of |
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the [person's] student instructor's [teacher] barber certificate |
|
[license]. |
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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: |
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(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 |
|
[mechanical tweezers]; |
|
(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 [completed the 12th
|
|
grade] or a high school equivalency certificate [its equivalent]; |
|
(3) hold an operator license under this chapter; [and] |
|
(4) have completed: |
|
(A) [a course consisting of] 750 hours of |
|
instruction in [cosmetology courses and] methods of teaching in: |
|
(i) a licensed private beauty culture |
|
school; or |
|
(ii) a vocational training program of a |
|
publicly financed postsecondary institution; [or] |
|
(B) at least: |
|
(i) one year [two years] of verifiable |
|
experience as a licensed cosmetology operator; and |
|
(ii) 500 [250] hours of instruction in |
|
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 [A FACIALIST] |
|
SPECIALTY LICENSE. (a) A person holding an aesthetician [a
|
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facialist] specialty license may perform only the practice of |
|
cosmetology defined in Sections 1602.002(a)(6) through (9). |
|
(b) To be eligible for an aesthetician [a facialist] |
|
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 [facialist] specialty through a commission-approved |
|
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 [an operator] license under this chapter [,
|
|
instructor license, manicurist specialty license, or facialist
|
|
specialty license] is entitled to the license if the applicant: |
|
(1) meets the applicable eligibility requirements; |
|
(2) passes the applicable examination; |
|
(3) pays the required fee; [and] |
|
(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; [and] |
|
(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 [3,500] square |
|
feet of floor space; |
|
(C) has access to permanent restrooms and |
|
adequate drinking fountain facilities [separate restrooms for male
|
|
and female students]; and |
|
(D) contains, or will contain before classes |
|
begin, the equipment established by commission rule as sufficient |
|
to properly instruct a minimum of 10 [50] students. |
|
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 [on its staff and] on duty [during
|
|
business hours] 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 19. Section 1603.255, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1603.255. EARLY EXAMINATION. The department[, on
|
|
written request by a student,] may allow [provide] for the early |
|
written examination of a student who has completed the following |
|
number of [an applicant for a Class A barber certificate, a
|
|
teacher's certificate, or an operator license who has completed at
|
|
least 1,000] hours of instruction in a department-approved training |
|
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 |
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manicurist/aesthetician specialty license; or |
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(7) 500 hours for a student seeking a barber or |
|
cosmetology instructor license. |
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SECTION 20. Sections 1603.352(a), (b), and (c), Occupations |
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Code, are amended to read as follows: |
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(a) A person who holds a license, certificate, or permit |
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issued under this chapter, Chapter 1601, or Chapter 1602 and who |
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performs a barbering service described by Section 1601.002(1)(E) or |
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(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 [a] dry heat sterilizer or sanitize |
|
with an [,] ultraviolet sanitizer, [or other department-approved
|
|
sterilizer,] 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. |
|
(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, [or] a dry heat |
|
sterilizer, or an ultraviolet sanitizer [, or other
|
|
department-approved sterilizer] for use in the shop or school as |
|
required by Subsection (a). [An autoclave or a dry heat,
|
|
ultraviolet, or other department-approved sterilizer used as
|
|
required by Subsection (a) must be listed with the United States
|
|
Food and Drug Administration.] |
|
(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. |