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.