BILL ANALYSIS


                                                    C.S.S.B. 1502
                                                        By: Lucio
                                             Economic Development
                                                         04-12-95
                                   Committee Report (Substituted)
BACKGROUND

The Texas Cosmetology Commission has received a number of
complaints regarding the quality of sanitation training for
students entering the manicurist trade.

PURPOSE

As proposed, C.S.S.B. 1502 increases to 17 from 16 years the
minimum age for several types of cosmetology licenses, increases
the required number of hours of training for an applicant for a
manicurist license from 250 to 500 hours, authorizes a private
beauty school to retain 100 percent of the tuition of a beauty
school dropout, and provides an exemption from licensing.

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., to define
"fashion photography studio."

SECTION 2. Amends Section 10(b), Article 8451a, V.T.C.S., to
increase to 17 from 16 years the minimum age for an applicant for
an operator license. 

SECTION 3. Amends Section 11(b), Article 8451a, V.T.C.S., to
increase to 17 from 16 years the minimum age for an applicant for
a manicurist license and to increase to 500 from 250 the number of
hours of Texas Cosmetology Commission (commission) approved
manicuring instruction an applicant for a manicurist license must
complete.

SECTION 4. Amends Section 13(b), Article 8451a, V.T.C.S., to
increase to 17 from 16 years the minimum age for an applicant for
a specialty certificate.

SECTION 5. Amends Section 13A(b), Article 8451a, V.T.C.S., to
increase to 17 from 16 years the minimum age for an applicant for
a facialist specialty license.

SECTION 6. Amends Sections 21(b), (h), and (i), Article 8451a,
V.T.C.S., as follows:

     (b) Requires each application for a private beauty culture
     school license to contain, among other items, a detailed floor
     plan of the school building divided into two, rather than
     three, separate areas, one for instruction in theory, and one
     clinic work area.
     
     (h) Authorizes a private beauty school to retain 100 percent
     of, rather than $100, in tuition and fees of a student who
     begins a course of training that is scheduled to run not more
     than 12 months, if the student withdraws or is terminated
     during the last 50 percent of the course.
     
     (i) Requires a beauty school to allow a student who
     voluntarily withdraws or terminates, rather than any student,
     to reenter the school at any time during the 48 month period
     following the date of withdrawal or termination.
     
SECTION 7. Amends Section 21A, Article 8451a, V.T.C.S., by adding
Subsection (l), to provide that Section 403.094(h), Government
Code, does not apply to the private beauty culture school tuition
protection fund.

SECTION 8. Amends Section 22(a), Article 8451a, V.T.C.S., to
require a holder of a private beauty culture school license to
maintain on staff and on duty during business hours one licensed
full-time instructor for each 25 students in attendance; and
prohibits the license holder from requiring a student to work or be
instructed or receive credit for more than 48 hours of instruction
in any one calendar week, rather than more than eight hours in one
day or more than six days in one week.

SECTION 9. Amends Section 26(c), Article 8451a, V.T.C.S., to
prohibit a person holding a beauty shop or specialty shop license
from employing a person as an operator or specialist, or leasing or
renting to a person who acts as an operator or specialist who has
not first obtained a license or certificate.

SECTION 10.    Amends Section 39, Article 8451a, V.T.C.S., as
follows:

     Sec.  39.  EXEMPTIONS.  (a) Created from existing text.
     
     (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 11.  Amends Section 40(a), Article 8451a, V.T.C.S., to
provide that a violator of this Act is punishable by a fine of
between $100 and $300, rather than $25 and $200.

SECTION 12.    Makes application of this Act prospective.

SECTION 13.    Emergency clause.
           Effective date: upon passage.