BILL ANALYSIS C.S.H.B. 2352 By: J. Harris 04-19-95 Committee Report (Substituted) BACKGROUND There are numerous photography studios throughout Texas, such as Glamour Shots, where a client is provided a photography sitting with the option of complimentary make-up application, hairstyling, and apparel choices for a single fee. These options are incidental and in support of achieving the client's desired appearance at the photography sitting. Inspectors for the Texas Cosmetology Commission (TCC) notified numerous studio operators in 1992 that they were in violation of the law by failing to secure a license from the TCC in order to engage in the fashion photography business and by employing individuals who are not licensed by the TCC to perform services which they allege constitute the unlicensed practice of cosmetology. The studios are currently operating under a court order until the situation is resolved. PURPOSE H.B. 2352, as substituted, exempts those persons whose primary function is to enable or assist the recipient in being the subject of a motion picture, television appearance, or a sitting at a fashion photography studio. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Sec. 1(5) to Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas Civil Statutes), to define "fashion photography studio." SECTION 2. Adds Subsection (b) to Sec. 39, Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a, V.T.C.S.), to exempt from the requirements of this Act a person who provides incidental cosmetology services, or owns, operates or manages the location where such services are provided, if the primary purpose of the services is to enable or assist the recipient to participate as the subject of a photographic sitting at a fashion photography studio, a television appearance or a motion picture film. SECTION 3. Emergency clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute for H.B. 2352 adds the definition of "fashion photography studio," deletes Section 39A created in the introduced bill and adds Subsection (b) to Section 39 of the Act. The new subsection clarifies the term "film image" by specifying that this bill applies to persons in a television performance and in a sitting at a fashion photography studio. This is a compromise with the Texas Cosmetology Commission, stating more precisely the persons exempted from licensure by the bill. SUMMARY OF COMMITTEE ACTION H.B. 2352 was considered by the Public Health Committee in a public hearing on April 19, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The following person testified on the bill: Dick Strader, representing self. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 Ayes, 0 Nays, 0 PNV, 2 Absent.