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.