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.