BILL ANALYSIS C.S.H.B. 2352 By: Harris (Harris) Health and Human Services 5-24-95 Senate Committee Report (Substituted) BACKGROUND There are numerous photography studios throughout Texas 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 the operators were in violation of state 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 the TCC alleges constitute the unlicensed practice of cosmetology. Currently, the studios are operating under a court order. PURPOSE As proposed, C.S.H.B. 2352 exempts a person who provides incidental cosmetology services from certain requirements if the primary purpose of the services is to enable or assist the recipient of the services to participate as the subject of a photographic sitting at a fashion photography studio, a television appearance, or the filming of a motion picture. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article 8451a, V.T.C.S., by adding Subdivision (5), to define "fashion photography studio." SECTION 2. Amends Section 39, Article 8451a, V.T.C.S., as follows: (a) Makes no change. (b) Exempts a person who provides incidental cosmetology services, or who owns, operates, or manages the location at which those services are provided, from the requirements of this Act, if the primary purpose of the services is to enable or assist the recipient of the services to participate as the subject of a photographic sitting at a fashion photography studio, a television appearance, or the filming of a motion picture. SECTION 3. Emergency clause. Effective date: upon passage.