S.B. No. 1170

	AN ACT
	relating to the regulation of barbers and cosmetologists.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 1601.001, 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
	[TEACHER'S CERTIFICATE]. (a)  A person holding a barber instructor
	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 [An]
	applicant [for a teacher's certificate] must:
	(1)  be at least 18 years of age;
	(2)  have a high school diploma or a high school
	equivalency certificate;
	(3)  hold a current [be a] Class A barber certificate;
	(4) [(2)]  have completed:
	(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.
	(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) and (K) [five
	years' experience as a practicing barber in a barbershop, two years
	of which occurred in the two years preceding the application date;
	and
	[(3)     submit the required examination fee with the
	application].
	[(b)     An applicant must submit a new application and fee for
	each examination taken by the applicant. Fees paid are not
	refundable.
	[(c)     The department shall issue a teacher's certificate to
	an applicant who:
	[(1)  passes the appropriate examination; and
	[(2)  pays the required certificate fee.]
	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 second
	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.
	[(a)]  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 [demonstrate to the
	department that the school meets the requirements of this
	subchapter for issuance of a permit].
	[(b)     Before issuing a barber school permit, the department
	must determine that the applicant is financially sound and capable
	of fulfilling the applicant's commitments for training.]
	SECTION 6.  Section 1601.353, Occupations Code, is amended
	to read as follows:
	Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT.
	[(a)]  The department may [not] approve an application for a permit
	for a barber school if [that provides training leading to issuance
	of a Class A barber certificate unless] the school [has]:
	(1)  is located in:
	(A)  a municipality with a population of more than
	50,000 that has a building of permanent construction containing at
	least 2,000 [2,800] square feet of floor space, including classroom
	and practical areas, covered in [divided into at least:
	[(A)  a senior department;
	[(B)  a junior department;
	[(C)  a class theory room;
	[(D)  a supply room;
	[(E)  an office space; and
	[(F)     separate restrooms for male and female
	students;
	[(2)]  a hard-surface floor-covering of tile or other
	suitable material; or
	(B)  a municipality with a population of 50,000 or
	less or an unincorporated area of a county that has a building of
	permanent construction containing at least 1,000 square feet of
	floor space, including classroom and practical areas, covered in a
	hard-surface floor-covering of tile or other suitable material;
	(2)  has the following equipment:
	(A) [(3)]  at least 10 student workstations that
	include a chair that reclines, a back bar, and a wall mirror [20
	modern barber chairs, including a cabinet and mirror for each
	chair];
	(B) [(4)]  a sink behind every two workstations
	[barber chairs];
	(C) [(5)]  a liquid sterilizer for each
	workstation [barber chair];
	(D) [(6)     an adequate number of latherers,
	vibrators, and hair dryers for student use;
	[(7)]  adequate lighting for each room;
	(E) [(8)]  at least 10 [20] classroom chairs and
	other materials necessary to teach the required subjects; and
	(F)  access to permanent restrooms and[, a
	blackboard, anatomical charts of the head, neck, and face, and one
	barber chair in the class theory room;
	[(9)     at least one medical dictionary and a standard
	work on human anatomy;
	[(10)]  adequate drinking fountain facilities[, with
	at least one for each floor]; and
	(3)  meets any other requirement set by the commission
	[(11)  at least one fire extinguisher].
	[(b)     An applicant for a barber school permit must submit to
	the department:
	[(1)     a detailed drawing and chart of the proposed
	physical layout of the school, showing the departments, floor
	space, equipment, lights, and outlets;
	[(2)     photographs of the proposed site for the school,
	including the interior and exterior of the building, rooms, and
	departments;
	[(3)  a detailed copy of the training program;
	[(4)     a copy of the catalogue and promotional
	literature of the school;
	[(5)     a copy of the building lease or proposed building
	lease if the building is not owned by the school;
	[(6)     a sworn statement showing the ownership of the
	school; and
	[(7)  the required permit fee.]
	SECTION 7.  Subsection (b), Section 1601.402, Occupations
	Code, is amended to read as follows:
	(b)  A Class A barber, barber technician, instructor
	[teacher], manicurist, or other licensed specialist must renew the
	person's certificate or license on or before the expiration date.
	SECTION 8.  Subsection (a), Section 1601.405, Occupations
	Code, is amended to read as follows:
	(a)  The department may not require a Class A barber, barber
	technician, instructor [teacher], or manicurist who is serving on
	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 [QUALIFIED
	INSTRUCTOR]. (a)  A [In addition to the teacher required by
	Section 1601.355(b), a] barber school must [that provides training
	leading to issuance of a Class A barber certificate shall] have at
	least one [qualified] instructor[, holding a Class A certificate,]
	for every 25 students on the school's premises.  [A teacher may
	serve as an instructor in practical work in addition to holding a
	position as a theory teacher.]
	(b)  A barber school must have at least one instructor for
	every three student instructors on the school's premises [may not
	enroll more than one student teacher for each certified teacher who
	teaches at the school]. A student instructor [teacher] shall
	concentrate on developing teaching skills and may not be booked
	with customers.
	SECTION 10.  Subsection (b), Section 1601.563, Occupations
	Code, is amended to read as follows:
	(b)  A barber school's refund policy must provide that:
	(1)  the refund is based on the period of the student's
	enrollment, computed on the basis of course time expressed in
	scheduled [clock] hours, as specified by an enrollment agreement,
	contract, or other document acceptable to the department;
	(2)  the effective date of the termination for refund
	purposes is the earliest of:
	(A)  the last date of attendance, if the student
	is terminated by the school;
	(B)  the date the permit holder receives the
	student's written notice of withdrawal; or
	(C)  10 school days after the last date of
	attendance; and
	(3)  the school may retain not more than $100 if:
	(A)  tuition is collected before the course of
	training begins; and
	(B)  the student does not begin the course of
	training before the date the cancellation period under Section
	1601.562 expires.
	SECTION 11.  Section 1601.602, Occupations Code, is amended
	to read as follows:
	Sec. 1601.602.  REVOCATION OF STUDENT INSTRUCTOR'S
	[TEACHER'S] BARBER CERTIFICATE. A violation of Section 1601.560(b)
	by a student instructor [teacher] is a ground for the revocation of
	the [person's] student instructor's [teacher] barber certificate
	[license].
	SECTION 12.  Subsection (a), Section 1602.002, 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
	[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; or
	(12)  applying semipermanent, thread-like extensions
	composed of single fibers to a person's eyelashes.
	SECTION 13.  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 14.  Subsections (b) and (c), Section 1602.255,
	Occupations Code, are 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)  completed [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)  completed 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;
	(C)  completed 15 semester hours in education
	courses through an accredited college or university within the 10
	years before the date of application; or
	(D)  obtained a degree in education from an
	accredited college or university; and
	(5)  pass the examination required under Section
	1602.262.
	(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)(7) [1602.002(7)], (9),
	[and] (10), and (12).
	SECTION 15.  Section 1602.257, Occupations Code, is amended
	to read as follows:
	Sec. 1602.257.  ELIGIBILITY FOR ESTHETICIAN [A FACIALIST]
	SPECIALTY LICENSE. (a)  A person holding an esthetician [a
	facialist] specialty license may perform only the practice of
	cosmetology defined in Sections 1602.002(a)(6), (7), (8),
	[through] (9), and (12).
	(b)  To be eligible for an esthetician [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
	esthetics [facialist] specialty through a commission-approved
	training program.
	SECTION 16.  Subchapter F, Chapter 1602, Occupations Code,
	is amended by adding Sections 1602.2571 and 1602.2572 to read as
	follows:
	Sec. 1602.2571.  ELIGIBILITY FOR A SPECIALTY LICENSE IN
	EYELASH EXTENSION APPLICATION. (a)  A person holding a specialty
	license in eyelash extension application may perform only the
	practice of cosmetology defined in Section 1602.002(a)(12).
	(b)  To be eligible for a specialty license in eyelash
	extension application, 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 a training program described by
	Section 1602.2572 that has been approved by the commission.
	Sec. 1602.2572.  EYELASH EXTENSION APPLICATION TRAINING
	PROGRAM. (a)  An eyelash extension application training program
	must include at least 320 hours of classroom instruction and
	practical experience, including at least eight hours of theoretical
	instruction, and include instruction in the following areas:
	(1)  recognizing infectious or contagious diseases of
	the eye and allergic reactions to materials;
	(2)  proper sanitation practices;
	(3)  occupational health and safety practices;
	(4)  eyelash extension application procedures; and
	(5)  eyelash extension isolation and separation
	procedures.
	(b)  An instructor at an eyelash extension application
	training program must comply with Section 1602.251(b).
	(c)  The commission shall adopt rules regarding eyelash
	extension application training programs and may establish or
	designate approved training programs.
	SECTION 17.  Subchapter F, Chapter 1602, Occupations Code,
	is amended by adding Section 1602.261 to read as follows:
	Sec. 1602.261.  ELIGIBILITY FOR MANICURIST/ESTHETICIAN
	SPECIALTY LICENSE. (a)  A person holding a manicurist/esthetician
	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/esthetician 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 esthetician 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)  1,200 hours of instruction in a
	manicure/esthetics 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 esthetics curriculum
	in commission-approved training programs.
	SECTION 18.  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 19.  Subsection (c), Section 1602.267, Occupations
	Code, is amended to read as follows:
	(c)  A shampoo apprentice permit expires on the second
	[first] anniversary of the date of issuance and may not be renewed.
	SECTION 20.  Subsections (a) and (b), Section 1602.303,
	Occupations Code, are amended to read as follows:
	(a)  A person holding a private beauty culture school license
	may maintain an establishment in which any practice of cosmetology
	is taught, including providing an eyelash extension application
	training program described by Section 1602.2572.
	(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:
	(i)  2,800 [3,500] square feet of floor
	space if the building is located in a county with a population of
	more than 100,000; or
	(ii)  1,800 square feet of floor space if the
	building is located in a county with a population of 100,000 or
	less;
	(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 21.  Subsection (a), Section 1602.305, 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)(2) [1602.002(2)], (4), (7), (9),
	[or] (10), or (12) is performed.
	SECTION 22.  Subsection (a), Section 1602.451, 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 23.  Subsection (b), Section 1602.458, Occupations
	Code, is amended to read as follows:
	(b)  The refund policy must provide that:
	(1)  the refund is based on the period of the student's
	enrollment, computed on the basis of course time expressed in
	scheduled [clock] hours, as specified by an enrollment agreement,
	contract, or other document acceptable to the department;
	(2)  the effective date of the termination for refund
	purposes is the earliest of:
	(A)  the last date of attendance, if the student
	is terminated by the school;
	(B)  the date the license holder receives the
	student's written notice of withdrawal; or
	(C)  10 school days after the last date of
	attendance; and
	(3)  the school may retain not more than $100 if:
	(A)  tuition is collected before the course of
	training begins; and
	(B)  the student fails to withdraw from the course
	of training before the cancellation period expires.
	SECTION 24.  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 in a private barber or cosmetology
	school; or
	(2)  900 hours for a student seeking a Class A barber
	certificate or operator license in a publicly funded barber or
	cosmetology school.
	SECTION 25.  Subsections (a), (b), and (c), Section
	1603.352, 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 [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 26.  The following provisions of the Occupations
	Code are repealed:
	(1)  Subdivision (5), Subsection (a), Section
	1601.001;
	(2)  Section 1601.354;
	(3)  Section 1601.355; and
	(4)  Subsection (b), Section 1602.403.
	SECTION 27.  (a)  The Texas Department of Licensing and
	Regulation shall conduct a study that analyzes the performance of
	barber schools under Subchapter L, Chapter 1601, Occupations Code,
	and beauty culture schools under Subchapter J, Chapter 1602,
	Occupations Code, including the payment of refunds and
	recommendations for improvements to the process for the payment of
	refunds to eligible students.
	(b)  In conducting the study, the Texas Department of
	Licensing and Regulation shall consult with:
	(1)  the Advisory Board on Barbering;
	(2)  the Advisory Board on Cosmetology;
	(3)  national accrediting organizations for barbers
	and cosmetologists;
	(4)  representatives of barber schools and beauty
	culture schools; and
	(5)  barbers, cosmetologists, and other interested
	parties.
	(c)  Not later than September 1, 2012, the Texas Department
	of Licensing and Regulation shall report the results of the study to
	the:
	(1)  House Committee on Licensing and Administrative
	Procedures; and
	(2)  Senate Committee on Business and Commerce.
	(d)  This section expires September 1, 2013.
	SECTION 28.  (a)  The Texas Department of Licensing and
	Regulation shall issue a specialty license in eyelash extension
	application under Section 1602.2571, Occupations Code, as added by
	this Act, to an applicant who:
	(1)  submits an application on a form prescribed by the
	department not later than April 1, 2012;
	(2)  meets the eligibility requirements of
	Subdivisions (1) and (2), Subsection (b), Section 1602.2571,
	Occupations Code, as added by this Act;
	(3)  submits proof of either:
	(A)  successful completion of a training program
	provided by an eyelash extension manufacturer or distributor that
	is approved by the department; or
	(B)  completion of at least 240 hours of
	verifiable practical experience performing the practice of
	cosmetology defined in Subdivision (12), Subsection (a), Section
	1602.002, Occupations Code, as added by this Act, at a facility
	licensed under this chapter; and
	(4)  pays the required application fee.
	(b)  A license issued under this section may be renewed in
	the same manner as a specialty license in eyelash extension
	application issued under Section 1602.2571, Occupations Code, as
	added by this Act.
	(c)  This section expires March 1, 2013.
	SECTION 29.  (a)  Not later than February 1, 2012, the Texas
	Commission of Licensing and Regulation shall adopt rules to
	implement Sections 1602.2571 and 1602.2572, Occupations Code, as
	added by this Act, and Section 28 of this Act.
	(b)  A person is not required to hold a specialty license in
	eyelash extension application issued under Section 1602.2571,
	Occupations Code, as added by this Act, until June 1, 2012.
	SECTION 30.  To the extent of any conflict, the change in law
	made by this Act to Paragraph (B), Subdivision (3), Subsection (b),
	Section 1602.303, Occupations Code, prevails over a change in law
	made by any other Act of the 82nd Legislature, Regular Session,
	2011, regardless of the relative dates of enactment.
	SECTION 31.  (a)  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.
	(b)  Except as provided by Subsection (a), Section 29 of this
	Act, the Texas Commission of Licensing and Regulation shall adopt
	rules necessary to implement the changes in law made by this Act not
	later than March 31, 2012.
	SECTION 32.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1170 passed the Senate on
	April 14, 2011, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendments on May 27, 2011, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1170 passed the House, with
	amendments, on May 25, 2011, by the following vote: Yeas 147,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor