By: Madla S.B. No. 1094
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment and the regulation of professional
1-2 manicuring and facial specialty schools and the professions
1-3 performing manicuring and facials.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22, Chapter 1036, Acts of the 62nd
1-6 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 22. Private Beauty Culture Schools. (a) Except as
1-9 provided by Subsection (h) of this section, the <The> holder of a
1-10 private beauty culture school license shall:
1-11 (1) maintain a sanitary establishment;
1-12 (2) maintain on its staff and on duty during business
1-13 hours not less than two full-time instructors licensed under this
1-14 Act, except that one instructor will be sufficient whenever the
1-15 student enrollment drops below 15;
1-16 (3) maintain a daily record of attendance of students;
1-17 (4) establish regular class and instruction hours and
1-18 grades, and hold examinations before issuing diplomas;
1-19 (5) require a school term of not less than nine months
1-20 and not less than 1,500 hours instruction for a complete course in
1-21 cosmetology;
1-22 (6) require a school term of not less than 320 <250>
1-23 hours instruction for a complete course in manicuring and facial
2-1 technology as follows;
2-2 (A) No school or licensed instructor shall
2-3 permit a student to render clinical services until the student has
2-4 completed 80 hours of training in the following:
2-5 (1) laboratory;
2-6 (2) nail composition and structure;
2-7 (3) nail diseases, disorders, and
2-8 irregularities;
2-9 (4) safety and sanitary precautions.
2-10 (B) When the student has completed 80 hours in
2-11 the above curriculum, the student may now progress to the clinic
2-12 floor to perform clinical services on patrons. The curriculum
2-13 shall be as follows:
2-14 (1) Manicuring - 60 hours;
2-15 (2) Nail repair, applying artificial
2-16 nails, nail tipping, sculptured nails, and nail wraps:
2-17 (i) Nail Repair - 15 hours
2-18 (15 applications);
2-19 (ii) Advance and New
2-20 Techniques (10 applications);
2-21 (iii) Nail Tipping with
2-22 Overlay - 30 hours (10 applications);
2-23 (iv) Sculptured Nails - 45
2-24 hours (15 applications);
2-25 (v) Nail Wraps - 20 hours
3-1 (10 applications);
3-2 (3) Pedicuring - 15 hours (30
3-3 applications);
3-4 (4) Arts and Ethics - 20 hours;
3-5 (5) Related Subjects - 15 hours.
3-6 (7) require no student to work or be instructed or
3-7 receive credit for more than eight hours of instruction in any one
3-8 day or for more than six days in any one calendar week;
3-9 (8) maintain a copy of its curriculum in a conspicuous
3-10 place and verify that this curriculum is being followed as to
3-11 subject matter being taught; and
3-12 (9) submit to the executive director the name of each
3-13 student within 10 days after enrollment in the school and notify
3-14 the executive director of the withdrawal or graduation of a student
3-15 within 10 days of the withdrawal or graduation.
3-16 (b) Each holder of a private beauty culture school license
3-17 shall furnish to the commission:
3-18 (1) the current course completion rates of students
3-19 who attend a course of instruction offered by the school; and
3-20 (2) job placement rates and employment rates of
3-21 students who complete a course of instruction.
3-22 (c) On the graduation of a student from a course of training
3-23 offered by a private beauty culture school or the student's
3-24 withdrawal or transfer from a course of training without completion
3-25 of the training, the private beauty culture school shall send the
4-1 commission a certified written copy of the student's record,
4-2 indicating all course hours completed by the student and whether
4-3 the agreed tuition has been paid.
4-4 (d) A holder of a private beauty culture school license
4-5 shall furnish each prospective student with:
4-6 (1) a copy of the course outline;
4-7 (2) a schedule of the tuition and other fees assessed;
4-8 (3) the refund policy required under Section 21 of
4-9 this Act;
4-10 (4) school regulations relating to absences;
4-11 (5) the school grading policy;
4-12 (6) the school rules of operation and conduct;
4-13 (7) school regulations relating to incomplete grades;
4-14 (8) the name, mailing address, and telephone number of
4-15 the commission for the purpose of directing complaints to the
4-16 commission; and
4-17 (9) the current rates of job placement and employment
4-18 of students who complete a course of training.
4-19 (e) A holder of a private beauty culture school license
4-20 shall publish in its catalogue and enrollment contract a
4-21 description of the refund policy required under Section 21 of this
4-22 Act.
4-23 (f) If the commission has reasonable cause to believe that a
4-24 private beauty culture school has violated this Act or a rule
4-25 adopted under this Act, the commission may order a peer review of
5-1 the school or suspend the admission of students to the school. A
5-2 peer review ordered under this subsection shall be conducted by a
5-3 peer review team composed of knowledgeable persons selected by the
5-4 commission. The commission shall attempt to provide a balance on
5-5 each team between members assigned to the team who are from this
5-6 state and those who are from other states. The team shall provide
5-7 the commission with an objective assessment of the content of the
5-8 school's curriculum and its application. The school under review
5-9 shall pay the costs of the peer review.
5-10 (g) A private beauty culture school that violates this Act
5-11 or a rule adopted under this Act is liable for a civil penalty in
5-12 addition to any injunctive relief or other remedy provided by law.
5-13 The civil penalty may not exceed $1,000 a day for each violation.
5-14 The attorney general, at the request of the commission, may bring a
5-15 civil action to collect a civil penalty under this subsection.
5-16 Civil penalties recovered in a suit brought under this subsection
5-17 shall be deposited in the state treasury to the credit of the
5-18 General Revenue Fund.
5-19 (h) If the private beauty culture school only teaches
5-20 courses relating to manicuring and facial specialties then they are
5-21 exempted from the provisions of Subdivision (a)(5) of this section.
5-22 SECTION 2. This Act takes effect September 1, 1993.
5-23 SECTION 3. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.