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House Bill 2095 |
House Author: Thompson, Senfronia |
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Effective: 9-1-13 |
Senate Sponsor: Carona |
House Bill 2095 amends Occupations Code provisions relating to the regulation of barbering and cosmetology. The bill creates a permit for a dual shop, as defined in the bill, and specifies that a dual shop permit is subject to the application and fee requirements of a barbershop or specialty shop. The bill also provides for the licensing, permitting, operation, inspection, and reporting requirements of a mini-salon or mini-barbershop, as defined in the bill, and requires a mini-salon or mini-barbershop to meet the requirements of a barbershop, beauty shop, dual shop, or specialty shop. The bill creates a hair braiding specialty certificate, a hair weaving specialty certificate, and a wig specialty certificate to replace a general specialty certificate for those specialties.
House Bill 2095 also amends certain provisions relating to a permit or certificate to shampoo or condition a person's hair, including certain student permits. The bill prohibits the Texas Department of Licensing and Regulation (TDLR) from issuing an original shampoo apprentice permit or an original shampoo specialty certificate on or after the bill's effective date and authorizes a person holding such a permit or certificate on that date to continue to provide authorized services. The bill also repeals certain other statutory provisions related to such permits and certificates, including provisions relating to certain shampoo apprentice permits. Furthermore, the bill authorizes certain student permit holders to shampoo or condition a person's hair in a licensed facility, authorizes the employment of such student permit holders by a person who owns, operates, or manages specified shops, and prohibits the applicable barber school, private beauty culture school, or public school in which the student permit holder is enrolled from receiving compensation for those services. The bill prohibits a person holding a beauty shop license or specialty shop license from employing a person to shampoo or condition a person's hair unless the person holds a shampoo apprentice permit or a cosmetology school student permit.
Among other provisions, House Bill 2095 authorizes a person licensed by TDLR to practice cosmetology at a facility operated by a person holding a specialty shop license and authorizes a license, certificate, or permit holder to perform a service within the scope of the license, certificate, or permit at a location other than a licensed facility for a client who, because of illness or physical or mental incapacitation, is unable to receive the services at a licensed facility. The bill sets out provisions relating to the lease of space on certain premises by an independent contractor, to certain distance education curriculum of licensed schools, to instructors at a private beauty culture school, and to certain equipment at a barber school. The bill removes a provision relating to proctors of practical examinations and provisions requiring TDLR to develop and maintain a system to analyze barbering and cosmetology complaints and violations. The bill adds another public member to the Advisory Board on Cosmetology, adds a member who represents a licensed public secondary beauty culture school to the board, and clarifies matters relating to the board's ex officio member.