By Duncan H.B. No. 1223
74R3899 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of barbers and cosmetologists under the
1-3 Texas Board of Barber and Cosmetologist Examiners and the abolition
1-4 of the State Board of Barber Examiners and the Texas Cosmetology
1-5 Commission.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-8 Article 8475 to read as follows:
1-9 Art. 8475. TEXAS BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Barber" means a person licensed as a barber under
1-12 Chapter 65, Acts of the 41st Legislature, 1st Called Session, 1929
1-13 (Article 8407a, Vernon's Texas Civil Statutes).
1-14 (2) "Board" means the Texas Board of Barber and
1-15 Cosmetologist Examiners.
1-16 (3) "Cosmetologist" means a person licensed as a
1-17 cosmetologist under Chapter 1036, Acts of the 62nd Legislature,
1-18 Regular Session, 1971 (Article 8451a, Vernon's Texas Civil
1-19 Statutes).
1-20 Sec. 2. BOARD. (a) The Texas Board of Barber and
1-21 Cosmetologist Examiners is composed of nine members appointed by
1-22 the governor. Board members serve staggered six-year terms, with
1-23 the terms of three members expiring on February 1 of each
1-24 odd-numbered year.
2-1 (b) The members of the board are appointed as follows:
2-2 (1) three members must be barbers licensed under
2-3 Chapter 65, Acts of the 41st Legislature, 1st Called Session, 1929
2-4 (Article 8407a, Vernon's Texas Civil Statutes);
2-5 (2) three members must be cosmetologists licensed
2-6 under Chapter 1036, Acts of the 62nd Legislature, Regular Session,
2-7 1971 (Article 8451a, Vernon's Texas Civil Statutes); and
2-8 (3) three members must be representatives of the
2-9 general public.
2-10 (c) A person is not eligible for appointment as a public
2-11 member of the board if the person or the person's spouse:
2-12 (1) is registered, certified, or licensed by an
2-13 occupational regulatory agency in the field of barbering or
2-14 cosmetology;
2-15 (2) is employed by or participates in the management
2-16 of a business entity or other organization regulated by the board
2-17 or receiving funds from the board;
2-18 (3) owns or controls, directly or indirectly, more
2-19 than a 10 percent interest in a business entity or other
2-20 organization regulated by the board or receiving funds from the
2-21 board; or
2-22 (4) uses or receives a substantial amount of tangible
2-23 goods, services, or funds from the board, other than compensation
2-24 or reimbursement authorized by law for board membership,
2-25 attendance, or expenses.
2-26 (d) An officer, employee, or paid consultant of a Texas
2-27 trade association in the field of barbering or cosmetology may not
3-1 be a member of the board and may not be an employee of the board
3-2 who is exempt from the state's position classification plan or is
3-3 compensated at or above the amount prescribed by the General
3-4 Appropriations Act for step 1, salary group 17, of the position
3-5 classification salary schedule.
3-6 (e) A person who is the spouse of an officer, manager, or
3-7 paid consultant of a Texas trade association in the field of
3-8 barbering or cosmetology may not be a member of the board and may
3-9 not be an employee of the board who is exempt from the state's
3-10 position classification plan or is compensated at or above the
3-11 amount prescribed by the General Appropriations Act for step 1,
3-12 salary group 17, of the position classification salary schedule.
3-13 (f) For the purposes of this section, a Texas trade
3-14 association is a nonprofit, cooperative, and voluntarily joined
3-15 association of business or professional competitors in this state
3-16 designed to assist its members and its industry or profession in
3-17 dealing with mutual business or professional problems and in
3-18 promoting their common interest.
3-19 (g) A vacancy on the board shall be filled by appointment
3-20 by the governor of a person with the appropriate qualifications to
3-21 serve for the remainder of the term.
3-22 (h) Appointments to the board shall be made without regard
3-23 to the race, color, disability, sex, religion, age, or national
3-24 origin of the appointees.
3-25 (i) The Texas Board of Barber and Cosmetologist Examiners is
3-26 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
3-27 continued in existence as provided by that chapter, the board is
4-1 abolished and this article, Chapter 65, Acts of the 41st
4-2 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
4-3 Texas Civil Statutes), and Chapter 1036, Acts of the 62nd
4-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-5 Civil Statutes), expire September 1, 2007.
4-6 Sec. 3. GROUNDS FOR REMOVAL. (a) It is a ground for
4-7 removal from the board if a member:
4-8 (1) does not have at the time of appointment the
4-9 qualifications required by Section 2 of this article;
4-10 (2) does not maintain during service on the board the
4-11 qualifications required by Section 2 of this article;
4-12 (3) violates a prohibition established by this section
4-13 or Section 6 of this article;
4-14 (4) cannot because of illness or disability discharge
4-15 the member's duties for a substantial part of the term for which
4-16 the member is appointed; or
4-17 (5) is absent from more than half of the regularly
4-18 scheduled board meetings that the member is eligible to attend
4-19 during a calendar year unless the absence is excused by majority
4-20 vote of the board.
4-21 (b) The validity of an action of the board is not affected
4-22 by the fact that it is taken when a ground for removal of a board
4-23 member exists.
4-24 (c) If the executive director has knowledge that a potential
4-25 ground for removal exists, the executive director shall notify the
4-26 presiding officer of the potential ground. The presiding officer
4-27 shall then notify the governor and the attorney general that a
5-1 potential ground for removal exists. If the potential ground for
5-2 removal involves the presiding officer, the executive director
5-3 shall notify the next highest officer of the board, who shall
5-4 notify the governor and the attorney general that a potential
5-5 ground for removal exists.
5-6 Sec. 4. OFFICERS; MEETINGS. (a) The board shall elect
5-7 annually from the membership of the board a presiding officer,
5-8 assistant presiding officer, and secretary-treasurer.
5-9 (b) The board shall meet at least annually and at other
5-10 times at the call of the presiding officer.
5-11 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall adopt
5-12 rules consistent with this article for:
5-13 (1) the administration of this article and the
5-14 operation of the board;
5-15 (2) the administration of Chapter 65, Acts of the 41st
5-16 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
5-17 Texas Civil Statutes), subject to Subsection (c) of this section;
5-18 and
5-19 (3) the administration of Chapter 1036, Acts of the
5-20 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
5-21 Texas Civil Statutes), subject to Subsection (d) of this section.
5-22 (b) The board shall adopt application, examination,
5-23 licensing, and renewal fees in amounts that are reasonable and
5-24 necessary to provide sufficient revenue to cover the costs of
5-25 administering the programs under the authority of the board. The
5-26 fees set by the board may be adjusted so that the total fees
5-27 collected are sufficient to meet the expenses of administering the
6-1 board's responsibilities.
6-2 (c) In administering Chapter 65, Acts of the 41st
6-3 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
6-4 Texas Civil Statutes), only the public members and the three barber
6-5 members of the board may adopt rules or participate in disciplinary
6-6 proceedings under this article. The participation of four barber
6-7 and public members is required for a quorum under this subsection.
6-8 (d) In administering Chapter 1036, Acts of the 62nd
6-9 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
6-10 Civil Statutes), only the public members and the three
6-11 cosmetologist members may adopt rules or participate in
6-12 disciplinary proceedings under this article. The participation of
6-13 four cosmetologist and public members is required for a quorum
6-14 under this subsection.
6-15 (e) The board may appoint an executive director and other
6-16 personnel as necessary for the administration of this article.
6-17 Sec. 6. CONFLICT OF INTEREST. A person may not serve as a
6-18 member of the board or act as the general counsel to the board if
6-19 the person is required to register as a lobbyist under Chapter 305,
6-20 Government Code, because of the person's activities for
6-21 compensation on behalf of a profession related to the operation of
6-22 the board.
6-23 Sec. 7. ANNUAL FISCAL REPORT. The board shall prepare
6-24 annually a complete and detailed written report accounting for all
6-25 funds received and disbursed by the board during the preceding
6-26 fiscal year. The annual report must meet the reporting
6-27 requirements applicable to financial reporting provided in the
7-1 General Appropriations Act.
7-2 Sec. 8. PERSONNEL POLICIES. (a) The executive director or
7-3 the executive director's designee shall develop an intra-agency
7-4 career ladder program that addresses opportunities for mobility and
7-5 advancement for employees within the board. The program shall
7-6 require intra-agency posting of all positions concurrently with any
7-7 public posting.
7-8 (b) The executive director or the executive director's
7-9 designee shall develop a system of annual performance evaluations
7-10 that are based on documented employee performance. All merit pay
7-11 for board employees must be based on the system established under
7-12 this subsection.
7-13 (c) The board shall develop and implement policies that
7-14 clearly separate the policymaking responsibilities of the board and
7-15 the management responsibilities of the executive director and the
7-16 staff of the board.
7-17 Sec. 9. PUBLIC INTEREST INFORMATION. (a) The board shall
7-18 prepare information of public interest describing the functions of
7-19 the board and the procedures by which complaints are filed with and
7-20 resolved by the board. The board shall make the information
7-21 available to the public and appropriate state agencies.
7-22 (b) The board by rule shall establish methods by which
7-23 consumers and service recipients are notified of the name, mailing
7-24 address, and telephone number of the board for the purpose of
7-25 directing complaints to the board. The board may provide for that
7-26 notification:
7-27 (1) on each registration form, application, or written
8-1 contract for services of a person regulated under this article;
8-2 (2) on a sign prominently displayed in the place of
8-3 business of each person regulated under this article; and
8-4 (3) in a bill for service provided by a person
8-5 regulated under this article.
8-6 (c) The board shall develop materials and programs to
8-7 educate the public concerning the licensing requirements imposed
8-8 under this article, the need of the public to conduct business only
8-9 with a licensed barber or cosmetologist, and the methods for
8-10 reporting unlicensed activity.
8-11 Sec. 10. AGENCY FUNDS. All money paid to the board under
8-12 this article is subject to Subchapter F, Chapter 404, Government
8-13 Code.
8-14 Sec. 11. COMPLAINTS. (a) The board shall keep information
8-15 about each complaint filed with the board. The information shall
8-16 include:
8-17 (1) the date the complaint is received;
8-18 (2) the name of the complainant;
8-19 (3) the subject matter of the complaint;
8-20 (4) a record of all persons contacted in relation to
8-21 the complaint;
8-22 (5) a summary of the results of the review or
8-23 investigation of the complaint; and
8-24 (6) for complaints for which the board did not take
8-25 action, an explanation of the reason the complaint was closed
8-26 without action.
8-27 (b) The board shall keep a file about each written complaint
9-1 filed with the board that the board has authority to resolve. The
9-2 board shall provide to the person filing the complaint and the
9-3 persons or entities complained about the board's policies and
9-4 procedures pertaining to complaint investigation and resolution.
9-5 The board, at least quarterly and until final disposition of the
9-6 complaint, shall notify the person filing the complaint and the
9-7 persons or entities complained about of the status of the complaint
9-8 unless the notice would jeopardize an undercover investigation.
9-9 Sec. 12. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive
9-10 director or the executive director's designee shall prepare and
9-11 maintain a written policy statement to assure implementation of a
9-12 program of equal employment opportunity under which all personnel
9-13 transactions are made without regard to race, color, disability,
9-14 sex, religion, age, or national origin. The policy statement must
9-15 include:
9-16 (1) personnel policies, including policies relating to
9-17 recruitment, evaluation, selection, appointment, training, and
9-18 promotion of personnel that are in compliance with the requirements
9-19 of Chapter 21, Labor Code;
9-20 (2) a comprehensive analysis of the board workforce
9-21 that meets federal and state guidelines;
9-22 (3) procedures by which a determination can be made
9-23 about the extent of underuse in the board workforce of all persons
9-24 for whom federal or state guidelines encourage a more equitable
9-25 balance; and
9-26 (4) reasonable methods to appropriately address those
9-27 areas of underuse.
10-1 (b) A policy statement prepared under Subsection (a) of this
10-2 section must cover an annual period, be updated annually and
10-3 reviewed by the Commission on Human Rights for compliance with
10-4 Subsection (a)(1) of this section, and be filed with the governor's
10-5 office.
10-6 (c) The governor's office shall deliver a biennial report to
10-7 the legislature based on the information received under Subsection
10-8 (b) of this section. The report may be made separately or as a
10-9 part of other biennial reports made to the legislature.
10-10 Sec. 13. STANDARDS OF CONDUCT. The executive director or
10-11 the executive director's designee shall provide to members of the
10-12 board and to board employees, as often as necessary, information
10-13 regarding their qualification for office or employment under this
10-14 article and their responsibilities under applicable laws relating
10-15 to standards of conduct for state officers or employees.
10-16 Sec. 14. PUBLIC ACCESS. (a) The board shall develop and
10-17 implement policies that provide the public with a reasonable
10-18 opportunity to appear before the board and to speak on any issue
10-19 under the jurisdiction of the board.
10-20 (b) The board shall comply with federal and state laws
10-21 related to program and facility accessibility. The executive
10-22 director shall also prepare and maintain a written plan that
10-23 describes how a person who does not speak English can be provided
10-24 reasonable access to the board's programs and services.
10-25 Sec. 15. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
10-26 board is subject to the open meetings law, Chapter 551, Government
10-27 Code, and the administrative procedures law, Chapter 2001,
11-1 Government Code.
11-2 Sec. 16. BOARD MEMBER TRAINING. (a) Before a member of the
11-3 board may assume the member's duties and before the member may be
11-4 confirmed by the senate, the member must complete at least one
11-5 course of the training program established under this section.
11-6 (b) A training program established under this section shall
11-7 provide information to the member regarding:
11-8 (1) the enabling legislation that created the board to
11-9 which the member is appointed to serve;
11-10 (2) the programs operated by the board;
11-11 (3) the role and functions of the board;
11-12 (4) the rules of the board, with an emphasis on the
11-13 rules that relate to disciplinary and investigatory authority;
11-14 (5) the current budget for the board;
11-15 (6) the results of the most recent formal audit of the
11-16 board;
11-17 (7) the requirements of the:
11-18 (A) open meetings law, Chapter 551, Government
11-19 Code;
11-20 (B) open records law, Chapter 552, Government
11-21 Code; and
11-22 (C) administrative procedures law, Chapter 2001,
11-23 Government Code;
11-24 (8) the requirements of the conflict of interest laws
11-25 and other laws relating to public officials; and
11-26 (9) any applicable ethics policies adopted by the
11-27 board or the Texas Ethics Commission.
12-1 SECTION 2. Article 8402, Revised Statutes, is amended to
12-2 read as follows:
12-3 Art. 8402. REGISTERING NAME AND LOCATION<; JURISDICTION OF
12-4 STATE BOARD OF BARBER EXAMINERS AND COSMETOLOGY COMMISSION>.
12-5 (a) Every person, firm, or corporation owning, operating or
12-6 managing a barber shop or specialty shop shall register his full
12-7 name and the location of said shop with the Texas <State> Board of
12-8 Barber and Cosmetology Examiners and must hold a permit for that
12-9 shop. An applicant for a barber shop permit or specialty shop
12-10 permit must submit an application to the <barber> board for the
12-11 appropriate permit.
12-12 (b) In order that the public may fix responsibility for
12-13 services, acts, or treatments performed by a barber <persons>
12-14 licensed by the Texas <State> Board of Barber and Cosmetology
12-15 Examiners vis-a-vis those performed by a cosmetologist <persons>
12-16 licensed by that board <the Texas Cosmetology Commission>, to
12-17 promote the efficient and orderly administration of laws regulating
12-18 barbers and the practice of barbering and the laws regulating
12-19 cosmetologists and the practice of cosmetology, and to avoid
12-20 confusion of the public <as well as avoiding conflicts of
12-21 jurisdiction between such board and commission which might impede
12-22 effective administration or enforcement of the laws under their
12-23 respective jurisdictions>:
12-24 (1) a person licensed as a <by the> barber by the
12-25 board may practice only at a location for which the board has
12-26 issued a barber shop permit, specialty shop permit, barber school
12-27 or college permit, or any other permit<. If the State Board of
13-1 Barber Examiners and the Texas Cosmetology Commission license the
13-2 same facility, the board may not adopt rules restricting or
13-3 prohibiting the practice by a Class A barber, manicurist, or wig
13-4 specialist in the facility>; and
13-5 (2) a person licensed as a cosmetologist by the board
13-6 <cosmetology commission> may practice cosmetology only at a
13-7 location for which the board <commission> has issued a beauty shop
13-8 license, private beauty culture school license, or any other
13-9 license. <If the State Board of Barber Examiners and the Texas
13-10 Cosmetology Commission license the same facility, the commission
13-11 may not adopt rules restricting or prohibiting the practice by a
13-12 cosmetologist in the facility.>
13-13 (c) <If the State Board of Barber Examiners and the Texas
13-14 Cosmetology Commission license the same facility, the agencies may
13-15 not adopt rules requiring:>
13-16 <(1) that the work areas of barbers and cosmetologists
13-17 practicing in the facility be separated;>
13-18 <(2) that the waiting areas for customers of the
13-19 barbers and cosmetologists practicing in the facility be separated;>
13-20 <(3) that the facility have separate restrooms for the
13-21 barbers or cosmetologists practicing in the facility or for the
13-22 customers of the barbers and cosmetologists; or>
13-23 <(4) that the barbers and cosmetologists practicing in
13-24 the facility or the customers of the barbers and cosmetologists be
13-25 treated separately from each other in any similar manner.>
13-26 <(d)> There shall at all times be prominently displayed in
13-27 each shop and salon regulated under this Act<,> a sign in letters
14-1 no smaller than one inch in height, the contents of which shall
14-2 contain the name, mailing address, and telephone number of the
14-3 <regulatory> board <having jurisdiction over those individuals
14-4 licensed under this Act> and <which shall contain> a statement
14-5 informing consumers that complaints against licensees can be
14-6 directed to the <regulatory> board.
14-7 SECTION 3. Section 1, Chapter 65, Acts of the 41st
14-8 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-9 Texas Civil Statutes), is amended to read as follows:
14-10 Sec. 1. REGISTRATION REQUIRED. It shall be unlawful for any
14-11 person to engage in the practice or attempt to practice barbering
14-12 in the State of Texas without a certificate or registration as a
14-13 registered barber issued pursuant to the provisions of this Act<,>
14-14 by the Texas Board of Barber and Cosmetologist Examiners
14-15 <hereinafter created>.
14-16 SECTION 4. Sections 3(g) and (h), Chapter 65, Acts of the
14-17 41st Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-18 Texas Civil Statutes), are amended to read as follows:
14-19 (g) No person may operate a barber shop unless the shop is
14-20 at all times under the sole and exclusive supervision and
14-21 management of a registered Class A barber<,> and no person is
14-22 practicing on the premises by authority of a cosmetologist <any>
14-23 license, permit, or certificate issued by the board <Texas
14-24 Cosmetology Commission>.
14-25 (h) A person operating under a permit who wishes to move his
14-26 operation to another location approved by the board may do so by
14-27 notifying the board 10 <Board of Barber Examiners ten> days before
15-1 he makes the move.
15-2 SECTION 5. Sections 4(a)-(l), Chapter 65, Acts of the 41st
15-3 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
15-4 Texas Civil Statutes), are amended to read as follows:
15-5 (a) "Barber" <"barber"> shall mean any person who
15-6 performs, offers, or attempts to perform any act of barbering,
15-7 professes to do barbering or to be engaged in the practice thereof,
15-8 or who directly or indirectly or in any manner whatsoever
15-9 advertises or holds himself out as a barber or as authorized to
15-10 practice barbering.<;>
15-11 (b) "Barbering," <"barbering,"> "practicing
15-12 barbering," or the "practice of barbering" shall mean the
15-13 performing or doing, or offering or attempting to do or perform,
15-14 any, all or any combination of the following acts, services, works,
15-15 treatments, or undertakings:
15-16 (1) arranging, beautifying, coloring,
15-17 processing, shaving, styling, or trimming the mustache or beard by
15-18 any means or method;
15-19 (2) arranging, beautifying, bleaching,
15-20 cleansing, coloring, curling, dressing, dyeing, processing,
15-21 shampooing, shaping, singeing, straightening, styling, tinting,
15-22 waving, or otherwise treating the hair as primary services,
15-23 treatments, or undertakings by any means or method, including any
15-24 bobbing, clipping, cutting, or trimming of the hair as a necessary
15-25 incident preparatory or ancillary to such primary services;
15-26 (3) cutting the hair as a primary service,
15-27 treatment, or undertaking and not as a necessary incident
16-1 preparatory or ancillary to those primary services enumerated in
16-2 Section 4(b)(2), or primarily engaging in the occupation of cutting
16-3 hair or practicing primarily as a haircutter by cutting hair as a
16-4 separate and independent service, treatment, or undertaking for
16-5 which haircut a charge is made, as such, separate and apart from
16-6 any other service, treatment, or undertaking, directly or
16-7 indirectly, or in any manner whatsoever;
16-8 (4) cleansing, stimulating, or massaging the
16-9 scalp, face, neck, arms, or shoulders by means of the hands,
16-10 devices, apparatuses, or appliances, with or without the use of
16-11 cosmetic preparations, antiseptics, tonics, lotions, or creams;
16-12 (5) beautifying the face, neck, arms, or
16-13 shoulders by the use of cosmetic preparations, antiseptics, tonics,
16-14 lotions, powders, oils, clays, creams, or appliances;
16-15 (6) cutting, trimming, polishing, tinting,
16-16 coloring, cleansing, manicuring, or pedicuring the nails of any
16-17 person or attaching false nails;
16-18 (7) massaging, cleansing, treating, or
16-19 beautifying the hands of any person;
16-20 (8) administering facial treatments;
16-21 (9) hair weaving;
16-22 (10) shampooing or conditioning hair;
16-23 (11) servicing a wig, toupee, or artificial
16-24 hairpiece on a human head or on a block, subsequent to the initial
16-25 retail sale by any of the acts, services, works, treatments, or
16-26 undertakings enumerated in Section 4(b)(2) of this Act;
16-27 (12) advertising or holding out to the public by
17-1 any manner whatsoever that any person is a barber or authorized to
17-2 practice barbering;
17-3 (13) advertising or holding out to the public by
17-4 any manner whatsoever that any location or place of business is a
17-5 barber shop, specialty shop, barber school, barber college, or
17-6 barber salon; and
17-7 (14) receiving any fee, salary, compensation, or
17-8 financial benefit, or the promise of any fee, salary, compensation,
17-9 or financial benefit, for performing, doing, offering, or
17-10 attempting to perform or do any act, work, service, or thing, which
17-11 is any part of the practice of barbering as herein defined.<;>
17-12 (c) "Barber <"barber> shop" or "barber salon" shall
17-13 mean any place where barbering is practiced, offered, or attempted
17-14 to be practiced except when such place is duly licensed as a barber
17-15 school or college.<;>
17-16 (d) "Board" <"board"> shall mean the Texas <State>
17-17 Board of Barber and Cosmetology Examiners. <as established and
17-18 provided for in the Texas Barber Law;>
17-19 (e) "Certificate" <"certificate"> shall mean a
17-20 certificate of registration issued by the board in accordance with
17-21 the provisions of this Act.<;>
17-22 (f) "License" <"license"> shall mean any license
17-23 issued by the board in accordance with the provisions of this
17-24 Act.<;>
17-25 (g) "Manager" <"manager"> shall mean any person who
17-26 controls or directs the business affairs of a barber shop or
17-27 directs the work of a person employed in a barber shop or both.<;>
18-1 (h) "Manicurist <"manicurist> specialty shop" shall
18-2 mean any place where only the practice of barbering as defined by
18-3 Sections 4(b)(6) and (7) of this Act is performed for
18-4 compensation.<;>
18-5 (i) "Permit" <"permit"> shall mean any permit issued
18-6 by the board in accordance with the provisions of this Act.<;>
18-7 (j) "Person" <"person"> shall mean any individual,
18-8 association, firm, corporation, partnership, or other legal
18-9 entity.<;>
18-10 (k) "Specialty <"specialty> shop" shall mean a
18-11 manicurist specialty shop or a wig specialty shop.<;>
18-12 (l) "Wig <"wig> specialty shop" shall mean any place
18-13 where only the practice of barbering as defined by Section 4(b)(11)
18-14 of this Act is performed for compensation.
18-15 SECTION 6. Section 6, Chapter 65, Acts of the 41st
18-16 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
18-17 Texas Civil Statutes), is amended to read as follows:
18-18 Sec. 6. EXEMPTIONS. The following persons shall be exempt
18-19 from the provisions of this Act, provided such persons are not
18-20 represented, advertised, or held out to the public, directly or
18-21 indirectly, or in any manner whatsoever, as barbers, journeymen
18-22 barbers, barber technicians, or under any name, title, or
18-23 designation indicating such person is authorized to practice by
18-24 authority of any license or permit issued by the board:
18-25 (1) a doctor of medicine, doctor of osteopathic
18-26 medicine, or registered nurse licensed and regulated by the State
18-27 of Texas while operating within the scope of that person's license;
19-1 (2) commissioned or authorized medical or surgical
19-2 officers of the United States Army, Navy, or Marine Hospital
19-3 Service;
19-4 (3) persons licensed or practicing by authority of the
19-5 board <Texas Cosmetology Commission> under the provisions of
19-6 Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
19-7 (Article 8451a, Vernon's Texas Civil Statutes), so long as such
19-8 persons practice within the scope of the license or permit duly
19-9 issued by the board <Texas Cosmetology Commission>; or
19-10 (4) an inmate incarcerated in the Texas Department of
19-11 Criminal Justice <Corrections> who performs barbering during the
19-12 period of incarceration.
19-13 SECTION 7. Section 11(b), Chapter 65, Acts of the 41st
19-14 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-15 Texas Civil Statutes), is amended to read as follows:
19-16 (b) No examination shall be held at a barber school,
19-17 college, or shop owned, managed, or operated by a member of the
19-18 board <State Board of Barber Examiners>.
19-19 SECTION 8. Section 13, Chapter 65, Acts of the 41st
19-20 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-21 Texas Civil Statutes), is amended to read as follows:
19-22 Sec. 13. PERMIT TO PRACTICE AS JOURNEYMAN BARBER. Any
19-23 person who is at least 16-1/2 <sixteen and one-half> years of age,
19-24 and who has a diploma showing graduation from a seven-grade grammar
19-25 school, or its equivalent as determined by an examination conducted
19-26 by the board <Board>, and either
19-27 (a) Has a license or certificate of registration as a
20-1 practicing barber from another State or country, which has
20-2 substantially the same requirements for licensing or registering
20-3 barbers as required by this Act, or
20-4 (b) Who can prove by personal affidavit that he has
20-5 practiced as a barber in another State for at least two years
20-6 immediately prior to making application in this State, and who
20-7 possesses the qualifications required by this Act, shall, upon
20-8 payment of the required fee, be issued a permit to practice as a
20-9 journeyman barber only until he is called by the board <Board of
20-10 Barber Examiners> to determine his fitness to receive a certificate
20-11 of registration to practice barbering. Should such applicant fail
20-12 to pass the required examination he shall be allowed to practice as
20-13 a journeyman barber until he is called by the board <Board> for the
20-14 next term of examination. Should he fail at the examination he
20-15 must cease to practice barbering in this State.
20-16 SECTION 9. Section 15A(f), Chapter 65, Acts of the 41st
20-17 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
20-18 Texas Civil Statutes), is amended to read as follows:
20-19 (f) A person who holds a license, permit, or certificate to
20-20 practice cosmetology issued by the board <Texas Cosmetology
20-21 Commission> may not practice under that authority at a manicurist
20-22 specialty shop regulated under this Act.
20-23 SECTION 10. Section 16(c), Chapter 65, Acts of the 41st
20-24 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
20-25 Texas Civil Statutes), is amended to read as follows:
20-26 (c) The application shall be made on a form prescribed by
20-27 the board <commission> and a $10 administration fee must accompany
21-1 the application.
21-2 SECTION 11. Section 18(f), Chapter 65, Acts of the 41st
21-3 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-4 Texas Civil Statutes), is amended to read as follows:
21-5 (f) A person who holds a license, permit, or certificate to
21-6 practice cosmetology issued by the board <Texas Cosmetology
21-7 Commission> may not practice under that authority at a wig
21-8 specialty shop regulated under this Act.
21-9 SECTION 12. Section 23a, Chapter 65, Acts of the 41st
21-10 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-11 Texas Civil Statutes), is amended to read as follows:
21-12 Sec. 23a. DUPLICATE CERTIFICATES. A duplicate registrant
21-13 certificate may be issued by the board <Board of Barber Examiners>
21-14 on written application of the registrant and payment of a fee not
21-15 to exceed $10.
21-16 SECTION 13. Section 27a(a), Chapter 65, Acts of the 41st
21-17 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-18 Texas Civil Statutes), is amended to read as follows:
21-19 (a) No barber inspector or other employee of the board
21-20 <State Board of Barber Examiners> may sell barber supplies or
21-21 engage in any other business which deals directly with barbers,
21-22 barber shops, specialty shops, or barber schools except that he may
21-23 engage in the practice of barbering.
21-24 SECTION 14. Section 28(a), Chapter 65, Acts of the 41st
21-25 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-26 Texas Civil Statutes), is amended to read as follows:
21-27 (a) The Texas Board of Health shall make, establish and
22-1 promulgate reasonable sanitary rules and regulations for the
22-2 conduct of barber shops, specialty shops, and barber schools. The
22-3 board <State Board of Barber Examiners>, by and through the Texas
22-4 Department of Health, shall have authority, and it is made its duty
22-5 to enter upon the premises of all barber shops, specialty shops,
22-6 barber schools, or any place at which the board <State Board of
22-7 Barber Examiners> has probable cause to believe that any of its
22-8 certificate holders or licensees are practicing illegally and
22-9 inspect same at any time during business hours. On receipt of a
22-10 formal written complaint by any person that a person who holds a
22-11 barber or teacher certificate or license or a barber school, barber
22-12 college, or barber shop permit issued by the board <State Board of
22-13 Barber Examiners> has violated this Act, that board may inspect the
22-14 premises of the licensee or certificate holder to investigate the
22-15 complaint at any time during business hours. A copy of such
22-16 sanitary rules and regulations adopted by the Texas Board of Health
22-17 shall be furnished to the executive director of the board <State
22-18 Board of Barber Examiners> who shall in turn forward to each
22-19 barber, barber school or licensee of the board a copy of such rules
22-20 and regulations. A copy of the sanitary rules and regulations
22-21 promulgated and adopted by the Texas Board of Health shall be
22-22 posted in barber shops, specialty shops, and barber schools in this
22-23 State. Subject only to the authority of the Texas Board of Health
22-24 to make and promulgate reasonable rules and regulations as to
22-25 sanitation, the board <State Board of Barber Examiners> shall have
22-26 full authority and power to make and enforce all rules and
22-27 regulations necessary for the performance of its duties, to
23-1 establish standards of conduct and ethics for all persons licensed
23-2 or practicing under the provisions of this Act, and to regulate the
23-3 practice and teaching of barbering in all of its particulars in
23-4 keeping with the purposes and intent of this Act or to insure
23-5 strict compliance with and enforcement of this Act.
23-6 SECTION 15. Section 29, Chapter 65, Acts of the 41st
23-7 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
23-8 Texas Civil Statutes), is amended to read as follows:
23-9 Sec. 29. RECORDS OF BOARD. <(a)> The board <Board> shall
23-10 keep a record of its proceedings relating to the issuance, refusal,
23-11 renewal, suspension, and revocation of certificates of
23-12 registration, licenses, or permits. This record shall also contain
23-13 the name, place of business, and residence of each registered
23-14 barber, licensee, or permittee, and the date and number of his
23-15 certificate of registration, license, or permit. This record shall
23-16 be open to public inspection at all reasonable times.
23-17 <(b) The Board shall prepare information of public interest
23-18 describing the functions of the Board and the procedures by which
23-19 complaints are filed with and resolved by the Board. The Board
23-20 shall make the information available to the public and appropriate
23-21 state agencies.>
23-22 <(c) The Board by rule shall establish methods by which
23-23 consumers and service recipients are notified of the name, mailing
23-24 address, and telephone number of the Board for the purpose of
23-25 directing complaints to the Board. The Board may provide for that
23-26 notification:>
23-27 <(1) on each registration form, application, or
24-1 written contract for services of an individual or entity regulated
24-2 by the Board;>
24-3 <(2) on a sign prominently displayed in the place of
24-4 business of each individual or entity regulated under this Act; or>
24-5 <(3) in a bill for service provided by an individual
24-6 or entity regulated by the Board.>
24-7 <(d) The Board shall develop and implement policies that
24-8 provide the public with a reasonable opportunity to appear before
24-9 the Board and to speak on any issue under the jurisdiction of the
24-10 Board.>
24-11 <(e) The Board shall prepare and maintain a written plan
24-12 that describes how a person who does not speak English or who has a
24-13 physical, mental, or developmental disability may be provided
24-14 reasonable access to the Board's programs.>
24-15 SECTION 16. Section 1(2), Chapter 1036, Acts of the 62nd
24-16 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-17 Civil Statutes), is amended to read as follows:
24-18 (2) "Board" <"Commission"> means the Texas Board of
24-19 Barber and Cosmetology Examiners <Commission>.
24-20 SECTION 17. Section 4, Chapter 1036, Acts of the 62nd
24-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-22 Civil Statutes), as amended by Chapters 416 and 777, Acts of the
24-23 73rd Legislature, Regular Session, 1993, is amended to read as
24-24 follows:
24-25 Sec. 4. POWERS AND DUTIES OF BOARD <THE COMMISSION>. (a)
24-26 <The commission may issue rules consistent with this Act after a
24-27 public hearing in accordance with the Administrative Procedure and
25-1 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
25-2 Statutes).>
25-3 <(b)> The board <commission> may not adopt rules restricting
25-4 competitive bidding or advertising by a person regulated by the
25-5 board <commission> except to prohibit false, misleading, or
25-6 deceptive practices by that person.
25-7 (b) <(c)> The board <commission> may not include in the
25-8 rules to prohibit false, misleading, or deceptive practices by a
25-9 person regulated by the board <commission> a rule that:
25-10 (1) restricts the use of any medium for advertising;
25-11 (2) restricts the person's personal appearance or the
25-12 use of the person's voice in an advertisement;
25-13 (3) relates to the size or duration of an
25-14 advertisement by the person; or
25-15 (4) restricts the person's advertisement under a trade
25-16 name.
25-17 (c) <(d)> The board <commission> shall prescribe the minimum
25-18 curricula of the subjects and hours of each to be taught by private
25-19 beauty culture schools and vocational cosmetology programs in
25-20 public schools.
25-21 (d) <(e)> The board <commission> shall establish sanitation
25-22 rules designed to prevent the spread of infectious or contagious
25-23 diseases.
25-24 (e) <(f)> The board <commission> may recognize, prepare, or
25-25 administer continuing education programs for the practice of
25-26 cosmetology. Participation in the programs is voluntary.
25-27 (f) <(g) The commission shall provide to its members and
26-1 employees, as often as necessary, information regarding their
26-2 qualifications for office or employment under this Act and their
26-3 responsibilities under applicable laws relating to standards of
26-4 conduct for state officers or employees.>
26-5 <(h) The commission shall develop and implement policies
26-6 that clearly define the respective responsibilities of the
26-7 commission and the staff of the commission.>
26-8 <(i) The commission shall develop and implement policies
26-9 that provide the public with a reasonable opportunity to appear
26-10 before the commission and to speak on any issue under the
26-11 jurisdiction of the commission.>
26-12 <(j) The commission shall prepare and maintain a written
26-13 plan that describes how a person who does not speak English or who
26-14 has a physical, mental, or developmental disability can be provided
26-15 reasonable access to the commission's programs.>
26-16 <(k) The commission shall set and monitor hiring goals for
26-17 women and minorities for each program area of the agency and shall
26-18 coordinate recruiting efforts with student organizations and other
26-19 groups able to assist in meeting those hiring goals. The executive
26-20 director shall prepare and submit a report to the commission not
26-21 later than February 1 of each year outlining the progress of the
26-22 agency in the recruitment and hiring of women and minority job
26-23 applicants.>
26-24 <(l)> The board <commission> may request and, if necessary,
26-25 compel by subpoena the attendance of witnesses for examination
26-26 under oath and the production for inspection and copying of books,
26-27 accounts, records, papers, correspondence, documents, and other
27-1 evidence relevant to the investigation of alleged violations of
27-2 this Act. If a person fails to comply with a subpoena issued under
27-3 this subsection, the board <commission>, acting through the
27-4 attorney general, may file suit to enforce the subpoena in a
27-5 district court in Travis County or in the county in which a hearing
27-6 conducted by the board <commission> may be held. The court, if it
27-7 determines that good cause exists for the issuance of the subpoena,
27-8 shall order compliance with the requirements of the subpoena.
27-9 Failure to obey the order of the court may be punished by the court
27-10 as contempt.
27-11 <(l) The commission by rule shall establish and assess on
27-12 all persons and entities licensed or regulated under this Act
27-13 reasonable and necessary fees.>
27-14 SECTION 18. Sections 10(b) and (c), Chapter 1036, Acts of
27-15 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
27-16 Vernon's Texas Civil Statutes), are amended to read as follows:
27-17 (b) An applicant for an operator license must be at least 16
27-18 years of age, have completed the seventh grade or its equivalent,
27-19 and have completed 1,500 hours of instruction in a licensed beauty
27-20 culture school or 1,000 hours of instruction in beauty culture
27-21 courses and 500 hours of related high school courses prescribed by
27-22 the board <commission> in a public school vocational program.
27-23 (c) The application must be made on a form prescribed by the
27-24 board <commission> and must be filed at least 10 days before the
27-25 date set for the examination.
27-26 SECTION 19. Sections 11(b) and (c), Chapter 1036, Acts of
27-27 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-1 Vernon's Texas Civil Statutes), are amended to read as follows:
28-2 (b) An applicant for a manicurist license must be at least
28-3 16 years of age, have completed the seventh grade or its
28-4 equivalent, and have completed 250 hours of instruction in
28-5 manicuring through a training program approved by the board
28-6 <commission>.
28-7 (c) The application must be made on a form prescribed by the
28-8 board <commission> and must be filed at least 10 days before the
28-9 date set for the examination.
28-10 SECTION 20. Sections 12(b), (c), and (e), Chapter 1036, Acts
28-11 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-12 Vernon's Texas Civil Statutes), are amended to read as follows:
28-13 (b) An applicant for an instructor license must be at least
28-14 18 years of age, have completed the 12th grade or its equivalent,
28-15 have a valid operator license, and have completed a course
28-16 consisting of 750 hours of instruction in cosmetology courses and
28-17 methods of teaching in a licensed private beauty culture school or
28-18 in a vocational training program of a publicly financed
28-19 postsecondary institution or at least two years of verifiable
28-20 experience as a licensed operator and at least 250 hours of
28-21 instruction in cosmetology in a training program approved by the
28-22 board <commission>.
28-23 (c) The application must be on a form prescribed by the
28-24 board <commission> and must be filed at least 10 days before the
28-25 date set for the examination.
28-26 (e) The board <commission> shall establish rules for the
28-27 licensing of specialty instructors to teach specialty courses in
29-1 the practice of cosmetology as defined in Paragraphs (D) and (F) of
29-2 Subdivision (3) of Section 1 of this Act.
29-3 SECTION 21. Sections 13(b), (c), and (e), Chapter 1036, Acts
29-4 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
29-5 Vernon's Texas Civil Statutes), are amended to read as follows:
29-6 (b) An applicant for a specialty certificate must be at
29-7 least 16 years of age, have completed the seventh grade or its
29-8 equivalent, and have the necessary requisites as determined by the
29-9 board <commission> in the particular specialty in which
29-10 certification is sought, including training through a training
29-11 program approved by the board <commission>.
29-12 (c) The application must be on a form prescribed by the
29-13 board <commission>.
29-14 (e) Subsection (a) of this section does not apply to an
29-15 individual who has an instructor license or operator license issued
29-16 by the board <commission>.
29-17 SECTION 22. Sections 13A(b), (c), and (e), Chapter 1036,
29-18 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
29-19 Vernon's Texas Civil Statutes), are amended to read as follows:
29-20 (b) An applicant for a facialist specialty license must be
29-21 at least 16 years of age, have completed the seventh grade or its
29-22 equivalent, and have the necessary requisites as determined by the
29-23 board <commission> in the facialist specialty.
29-24 (c) The application must be on a form prescribed by the
29-25 board <commission> and must be filed at least 10 days before the
29-26 date set for examination.
29-27 (e) Subsection (a) of this section does not apply to an
30-1 individual who has an instructor license or operator license issued
30-2 by the board <commission>.
30-3 SECTION 23. Section 15(b), Chapter 1036, Acts of the 62nd
30-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-5 Civil Statutes), is amended to read as follows:
30-6 (b) A temporary license shall be issued on submission of an
30-7 application form prescribed by the board <commission> and payment
30-8 of a $45 temporary license fee if the applicant meets the
30-9 requirements of Subsection (a) of this section.
30-10 SECTION 24. Section 16, Chapter 1036, Acts of the 62nd
30-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-12 Civil Statutes), is amended to read as follows:
30-13 Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. (a) A duplicate
30-14 license or certificate shall be issued upon application on a form
30-15 prescribed by the board <commission> and on the payment of a $35
30-16 fee.
30-17 (b) A transcript shall be given to licensees under this Act
30-18 upon application on a form prescribed by the board <commission> and
30-19 payment of a $5 fee.
30-20 SECTION 25. Section 17(b), Chapter 1036, Acts of the 62nd
30-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-22 Civil Statutes), is amended to read as follows:
30-23 (b) The applicant shall submit an application on a form
30-24 prescribed by the board <commission> and pay a $100 fee, plus the
30-25 applicable license or certification fee.
30-26 SECTION 26. Section 18(b), Chapter 1036, Acts of the 62nd
30-27 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-1 Civil Statutes), is amended to read as follows:
31-2 (b) A student permit shall be issued on submission of an
31-3 application form prescribed by the board <commission> and payment
31-4 of a $25 fee which must accompany the application.
31-5 SECTION 27. Sections 19(b)-(e), Chapter 1036, Acts of the
31-6 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
31-7 Texas Civil Statutes), are amended to read as follows:
31-8 (b) An applicant for a beauty shop license must submit an
31-9 application on a form prescribed by the board <commission>. The
31-10 application must contain proof of the particular requisites for a
31-11 beauty shop as established by the board <commission> and must be
31-12 verified by the applicant. With the application, the applicant
31-13 must submit a $35 inspection fee.
31-14 (c) The applicant is entitled to a beauty shop license if
31-15 the application shows compliance with the rules of the board
31-16 <commission>, a $45 license fee is paid, and he has not committed
31-17 an act that constitutes a ground for denial of a license.
31-18 (d) In order that the public may fix responsibility for
31-19 services, acts, or treatments performed by persons licensed as
31-20 barbers by the board <State Board of Barber Examiners> vis-a-vis
31-21 those performed by persons licensed as cosmetologists by the board
31-22 and <Texas Cosmetology Commission,> to promote the efficient and
31-23 orderly administration of laws regulating barbers and the practice
31-24 of barbering and the laws regulating cosmetologists and the
31-25 practice of cosmetology<, and to avoid confusion of the public as
31-26 well as avoiding conflicts of jurisdiction between such board and
31-27 commission which might impede effective administration or
32-1 enforcement of the laws under their respective jurisdictions, from
32-2 and after January 31, 1980>:
32-3 (1) a person licensed to practice barbering by the
32-4 <barber> board may practice barbering only at a location for which
32-5 the board has issued a barber shop permit, barber school or college
32-6 permit, or any other permit<. If the State Board of Barber
32-7 Examiners and the Texas Cosmetology Commission license the same
32-8 facility, the board may not adopt rules restricting or prohibiting
32-9 the practice by a Class A barber in the facility>; and
32-10 (2) a person licensed to practice cosmetology by the
32-11 board <cosmetology commission> may practice cosmetology only at a
32-12 location for which the board <commission> has issued a beauty shop
32-13 license, private beauty culture school license, or any other
32-14 license. <If the State Board of Barber Examiners and the Texas
32-15 Cosmetology Commission license the same facility, the commission
32-16 may not adopt rules restricting or prohibiting the practice by a
32-17 cosmetologist in the facility.>
32-18 <(e) If the State Board of Barber Examiners and the Texas
32-19 Cosmetology Commission license the same facility, the agencies may
32-20 not adopt rules requiring:>
32-21 <(1) that the work areas of barbers and cosmetologists
32-22 practicing in the facility be separated;>
32-23 <(2) that the waiting areas for customers of the
32-24 barbers and cosmetologists practicing in the facility be separated;>
32-25 <(3) that the facility have separate restrooms for the
32-26 barbers or cosmetologists practicing in the facility or for the
32-27 customers of the barbers and cosmetologists; or>
33-1 <(4) that the barbers and cosmetologists practicing in
33-2 the facility or the customers of the barbers and cosmetologists be
33-3 treated separately from each other in any similar manner.>
33-4 SECTION 28. Sections 20(b)-(d), Chapter 1036, Acts of the
33-5 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
33-6 Texas Civil Statutes), are amended to read as follows:
33-7 (b) An applicant for a specialty shop license must submit an
33-8 application on a form prescribed by the board <commission>. The
33-9 application must contain proof of the particular requisites for a
33-10 specialty shop as established by the board <commission> and must be
33-11 verified by the applicant. With the application, the applicant
33-12 must submit a $35 inspection fee.
33-13 (c) The applicant is entitled to a specialty shop license if
33-14 the application shows compliance with the rules and regulations of
33-15 the board <commission>, a $45 license fee is paid, and he has not
33-16 committed an act that constitutes a ground for denial of a license.
33-17 (d) Subsection (b) of this section does not apply to a shop
33-18 operated under a beauty shop license issued by the board
33-19 <commission>.
33-20 SECTION 29. Sections 20A(b)-(d), Chapter 1036, Acts of the
33-21 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
33-22 Texas Civil Statutes), are amended to read as follows:
33-23 (b) An applicant for a booth rental license must submit an
33-24 application on a form prescribed by the board <commission>. The
33-25 application must contain information as required by rule by the
33-26 board <commission> and must be verified by the applicant.
33-27 (c) The applicant is entitled to a booth rental license if
34-1 the applicant:
34-2 (1) pays the application fee set by the board
34-3 <commission> in an amount reasonable and necessary to cover the
34-4 costs of administering the booth rental licensing program;
34-5 (2) shows compliance with the rules of the board
34-6 <commission>; and
34-7 (3) has not committed an act that constitutes a ground
34-8 for denial of a license or certificate.
34-9 (d) The board <commission> shall adopt rules relating to the
34-10 information submitted for a booth rental license, including
34-11 information regarding the applicant's compliance with state and
34-12 federal tax laws.
34-13 SECTION 30. Sections 21(b), (c), (e), and (k), Chapter 1036,
34-14 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
34-15 Vernon's Texas Civil Statutes), are amended to read as follows:
34-16 (b) An applicant for a private beauty culture school license
34-17 must submit an application on a form prescribed by the board
34-18 <commission>. Each application must be verified by the applicant
34-19 and must contain:
34-20 (1) a detailed floor plan of the school building
34-21 divided into three separate areas, one for instruction in theory,
34-22 one for practice work of senior students, and one for practice work
34-23 of juniors; and
34-24 (2) a statement that the building is fireproof and of
34-25 permanent type construction, contains a minimum of 3,500 square
34-26 feet of floor space, with separate restrooms for male and female
34-27 students, and contains or will contain before classes commence the
35-1 equipment established by rule of the board <commission> as
35-2 sufficient to properly instruct a minimum of 50 students.
35-3 (c) The board <commission> shall determine that an applicant
35-4 for a private beauty culture school license is financially sound
35-5 and capable of fulfilling the school's commitments for training
35-6 before granting the license.
35-7 (e) The facilities of each applicant shall be inspected.
35-8 The applicant is entitled to a private beauty culture school
35-9 license if the inspection shows that this Act and the rules of the
35-10 board <commission> have been met and the applicant has not
35-11 committed an act that constitutes a ground for denial of a license.
35-12 (k) If a refund is not made within the period required by
35-13 this section, the school shall pay interest on the refund for the
35-14 interval beginning with the first day following the expiration of
35-15 the refund period and ending with the day immediately preceding the
35-16 date the refund is made. If the refund is made to a lending
35-17 institution, the interest shall also be paid to that institution
35-18 and applied against the student's loan. The commissioner of
35-19 education annually shall establish the level of interest at a level
35-20 sufficient to provide a deterrent to the retention of student
35-21 funds. The board <commission> may exempt a school from the payment
35-22 of the interest if the school makes a good faith effort to refund
35-23 the tuition but is unable to locate the student. The school shall
35-24 provide to the board <commission> on request documentation of the
35-25 effort to locate the student.
35-26 SECTION 31. Sections 21A(a)-(e), Chapter 1036, Acts of the
35-27 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
36-1 Texas Civil Statutes), are amended to read as follows:
36-2 (a) In addition to the bond requirements imposed under
36-3 Section 21(c) of this Act, at the time that each private beauty
36-4 culture school pays its annual renewal fee, in the years provided
36-5 by Subsection (c) of this section, the board <commission> shall
36-6 also collect a fee from the school for deposit in a special fund
36-7 established in the state treasury called the private beauty culture
36-8 school tuition protection fund.
36-9 (b) The board <commission> shall determine the amount of the
36-10 fee by applying a percentage to each school's annual renewal fee.
36-11 The percentage is the rate determined by the board <commission>
36-12 that, when applied to the total of all renewal fees, will result in
36-13 the collection of $200,000 for deposit in the fund in the first
36-14 three years that the fee is collected. The fee assessed under this
36-15 section may not exceed $200 per year.
36-16 (c) Beginning on January 1, 1992, the board <commission>
36-17 shall collect the fee for three years. If on January 1, 1995, or
36-18 on January 1 of any subsequent year the amount in the fund is less
36-19 than $200,000, the board <commission> shall collect a fee during
36-20 that year by applying a percentage to each school's annual renewal
36-21 fee at a rate that will bring the balance of the fund to $200,000.
36-22 (d) The state treasurer shall invest the fund in the same
36-23 manner as other state funds. Sufficient funds from the tuition
36-24 protection fund shall be appropriated to the board <commission> for
36-25 the purpose outlined in this section. The board <commission> shall
36-26 administer claims made against the fund.
36-27 (e) If a school closes, the board <commission> shall attempt
37-1 to arrange for students of the closed school to attend another
37-2 private beauty culture school.
37-3 SECTION 32. Section 21B, Chapter 1036, Acts of the 62nd
37-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
37-5 Civil Statutes), is amended to read as follows:
37-6 Sec. 21B. COURSE LENGTH AND CURRICULUM OF PRIVATE BEAUTY
37-7 CULTURE SCHOOL. (a) A private beauty culture school must submit
37-8 to the board <commission> for approval the course lengths and
37-9 curriculum content for each course offered by the school. The
37-10 course lengths and content may not be implemented unless the board
37-11 <commission> approves them. The course lengths and content shall
37-12 reasonably ensure that students develop the job skills and
37-13 knowledge necessary for employment.
37-14 (b) The board <commission> shall require a school to account
37-15 fully for all curriculum contents and course lengths before issuing
37-16 or renewing a license, and a school that is manipulating course
37-17 lengths below or above industry standards shall be placed on
37-18 probation until justification for the deviation is proved or the
37-19 practice ceases.
37-20 SECTION 33. Section 21C, Chapter 1036, Acts of the 62nd
37-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
37-22 Civil Statutes), is amended to read as follows:
37-23 Sec. 21C. TEMPORARY WORK PERMIT. (a) The board
37-24 <commission> may issue a temporary work permit to any student who
37-25 has completed 1,500 hours of instruction in an approved private
37-26 beauty school program or 1,000 hours of instruction in beauty
37-27 culture courses and 500 hours of related high school courses in a
38-1 public school vocational program and who has applied for the
38-2 practical examination. The temporary work permit expires on the
38-3 earlier of the date the student is scheduled for the practical
38-4 examination or 90 days from the date the temporary permit is
38-5 issued.
38-6 (b) The board <commission> may assess a fee for a temporary
38-7 work permit. The board <commission> shall set the fee in an amount
38-8 reasonable and necessary to defray the costs of administering this
38-9 section.
38-10 SECTION 34. Sections 22(b), (c), (d), (f), and (g), Chapter
38-11 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
38-12 8451a, Vernon's Texas Civil Statutes), are amended to read as
38-13 follows:
38-14 (b) Each holder of a private beauty culture school license
38-15 shall furnish to the board <commission>:
38-16 (1) the current course completion rates of students
38-17 who attend a course of instruction offered by the school; and
38-18 (2) job placement rates and employment rates of
38-19 students who complete a course of instruction.
38-20 (c) On the graduation of a student from a course of training
38-21 offered by a private beauty culture school or the student's
38-22 withdrawal or transfer from a course of training without completion
38-23 of the training, the private beauty culture school shall send the
38-24 board <commission> a certified written copy of the student's
38-25 record, indicating all course hours completed by the student and
38-26 whether the agreed tuition has been paid.
38-27 (d) A holder of a private beauty culture school license
39-1 shall furnish each prospective student with:
39-2 (1) a copy of the course outline;
39-3 (2) a schedule of the tuition and other fees assessed;
39-4 (3) the refund policy required under Section 21 of
39-5 this Act;
39-6 (4) school regulations relating to absences;
39-7 (5) the school grading policy;
39-8 (6) the school rules of operation and conduct;
39-9 (7) school regulations relating to incomplete grades;
39-10 (8) the name, mailing address, and telephone number of
39-11 the board <commission> for the purpose of directing complaints to
39-12 the board <commission>; and
39-13 (9) the current rates of job placement and employment
39-14 of students who complete a course of training.
39-15 (f) If the board <commission> has reasonable cause to
39-16 believe that a private beauty culture school has violated this Act
39-17 or a rule adopted under this Act, the board <commission> may order
39-18 a peer review of the school or suspend the admission of students to
39-19 the school. A peer review ordered under this subsection shall be
39-20 conducted by a peer review team composed of knowledgeable persons
39-21 selected by the board <commission>. The board <commission> shall
39-22 attempt to provide a balance on each team between members assigned
39-23 to the team who are from this state and those who are from other
39-24 states. The team shall provide the board <commission> with an
39-25 objective assessment of the content of the school's curriculum and
39-26 its application. The school under review shall pay the costs of
39-27 the peer review.
40-1 (g) A private beauty culture school that violates this Act
40-2 or a rule adopted under this Act is liable for a civil penalty in
40-3 addition to any injunctive relief or other remedy provided by law.
40-4 The civil penalty may not exceed $1,000 a day for each violation.
40-5 The attorney general, at the request of the board <commission>, may
40-6 bring a civil action to collect a civil penalty under this
40-7 subsection. Civil penalties recovered in a suit brought under this
40-8 subsection shall be deposited in the state treasury to the credit
40-9 of the General Revenue Fund.
40-10 SECTION 35. Section 29, Chapter 1036, Acts of the 62nd
40-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
40-12 Civil Statutes), is amended to read as follows:
40-13 Sec. 29. RIGHT OF ACCESS. The board <commission>, an
40-14 inspector, or any duly authorized representative of the board
40-15 <commission> may enter the premises of any licensee at any time
40-16 during normal business hours and in such manner as not to interfere
40-17 with the conduct or operation of the business or school to
40-18 determine whether or not the licensee is in compliance with this
40-19 Act and the rules of the board <commission>.
40-20 SECTION 36. Section 30, Chapter 1036, Acts of the 62nd
40-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
40-22 Civil Statutes), is amended to read as follows:
40-23 Sec. 30. EXAMINATIONS. (a) The board <commission> shall
40-24 use a written examination, selected by the board <commission>, to
40-25 examine license applicants and may require a practical examination
40-26 for licenses and certificates issued under this Act, as the board
40-27 <commission> considers necessary. The written examination must be
41-1 validated by independent testing professionals or be purchased from
41-2 a national testing service. The board <commission> shall prescribe
41-3 the method and content of any practical examination.
41-4 (b) On receipt of a written request by a student, the board
41-5 <commission> may provide for the early written examination of a
41-6 cosmetology operator license student who has completed at least
41-7 1,000 hours of instruction in a training program approved by the
41-8 board <commission>. Agency inspectors may administer an
41-9 examination conducted under this subsection on-site at beauty
41-10 culture schools throughout the state.
41-11 (c) Examinations shall be conducted beginning the first of
41-12 each month unless it is a legal holiday, in which case the
41-13 examination shall begin on the following day. The site of the
41-14 examinations shall be announced at least six months prior to the
41-15 administration date. Examinations may not be conducted in the
41-16 schools of board <commission> members.
41-17 (d) Not later than the 30th day after the date on which an
41-18 examination is administered under this Act, the board <commission>
41-19 shall notify each examinee of the results of the examination.
41-20 However, except as otherwise provided by this subsection, if an
41-21 examination is graded or reviewed by a national testing service,
41-22 the board <commission> shall notify examinees of the results of the
41-23 examination not later than the 14th day after the date on which the
41-24 board <commission> receives the results from the testing service.
41-25 If the notice of examination results graded or reviewed by a
41-26 national testing service will be delayed for longer than 90 days
41-27 after the examination date, the board <commission> shall notify the
42-1 examinee of the reason for the delay before the 90th day. If the
42-2 examinee is a student in a vocational cosmetology program in a
42-3 public school, the board <commission> shall grade the examination
42-4 and may not submit the examination for grading by a national
42-5 testing service. If requested in writing by a person who fails the
42-6 examination, the board <commission> shall send to the person not
42-7 later than the 60th day after the day on which the request is
42-8 received by the board <commission> an analysis of the person's
42-9 performance on the examination.
42-10 SECTION 37. Sections 33(d), (e), (h), and (i), Chapter 1036,
42-11 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
42-12 Vernon's Texas Civil Statutes), are amended to read as follows:
42-13 (d) All licenses and certificates issued by the board
42-14 <commission> may be prorated for the number of months the license
42-15 or certificate will be valid.
42-16 (e) A license that has been expired for less than 30 days
42-17 may be renewed. A renewal license shall be issued on submission of
42-18 a completed application form prescribed by the board <commission>
42-19 and payment of the renewal fee, plus a $10 delinquency fee.
42-20 (h) A private beauty culture school license that has been
42-21 expired for more than 30 days may not be renewed. The licensee may
42-22 apply for an original license under the current requirements and
42-23 fees. The board <commission> may not accept credit hours for
42-24 examination after the 30th day of expiration of a license subject
42-25 to this subsection.
42-26 (i) The board <commission> by rule shall establish the
42-27 delinquency fee for a booth rental license.
43-1 SECTION 38. Section 34(b), Chapter 1036, Acts of the 62nd
43-2 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-3 Civil Statutes), is amended to read as follows:
43-4 (b) The board <commission> by rule shall establish the
43-5 renewal fee for a booth rental license.
43-6 SECTION 39. Section 35(a), Chapter 1036, Acts of the 62nd
43-7 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-8 Civil Statutes), is amended to read as follows:
43-9 (a) If an inspector discovers a violation of this Act or of
43-10 a rule established by the board <commission>, he shall give written
43-11 notice of the violation on a form prescribed by the board
43-12 <commission> to the violator, and if the violation is not corrected
43-13 in 10 days from the date of notice, the inspector shall file a
43-14 complaint with the executive director.
43-15 SECTION 40. Section 38(a), Chapter 1036, Acts of the 62nd
43-16 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-17 Civil Statutes), is amended to read as follows:
43-18 (a) The board <commission> may sue in district court to
43-19 enjoin or restrain a person from violating any section of this Act
43-20 or the board <commission> rules.
43-21 SECTION 41. (a) This Act takes effect September 1, 1995.
43-22 (b) The following laws are repealed:
43-23 (1) Sections 23, 26, 26a, 26b, 26c, 27, 29A, 29C, and
43-24 29D, Chapter 65, Acts of the 41st Legislature, 1st Called Session,
43-25 1929 (Article 8407a, Vernon's Texas Civil Statutes);
43-26 (2) Section 29B, Chapter 65, Acts of the 41st
43-27 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
44-1 Texas Civil Statutes), as amended by Chapters 561 and 629, Acts of
44-2 the 72nd Legislature, Regular Session, 1991;
44-3 (3) Sections 2, 3, 5, 6, 8, 28, 37, and 41, Chapter
44-4 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
44-5 8451a, Vernon's Texas Civil Statutes); and
44-6 (4) Section 7, Chapter 1036, Acts of the 62nd
44-7 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
44-8 Civil Statutes), as amended by Chapters 561 and 626, Acts of the
44-9 72nd Legislature, Regular Session, 1991.
44-10 (c) The State Board of Barber Examiners and the Texas
44-11 Cosmetology Commission are abolished but continue in existence
44-12 until September 1, 1996, for the sole purpose of transferring
44-13 obligations, property, rights, powers, and duties to the Texas
44-14 Board of Barber and Cosmetology Examiners created under this Act.
44-15 The Texas Board of Barber and Cosmetology Examiners assumes all of
44-16 the obligations, property, rights, powers, and duties of the State
44-17 Board of Barber Examiners and the Texas Cosmetology Commission, as
44-18 exercised by those agencies immediately before the effective date
44-19 of this Act. All unexpended funds appropriated to the State Board
44-20 of Barber Examiners and the Texas Cosmetology Commission are
44-21 transferred to the Texas Board of Barber and Cosmetology Examiners.
44-22 The transfer of the obligations, property, rights, powers, and
44-23 duties of the State Board of Barber Examiners and the Texas
44-24 Cosmetology Commission to the Texas Board of Barber and Cosmetology
44-25 Examiners must be completed not later than September 1, 1996.
44-26 (d) All rules of the State Board of Barber Examiners and the
44-27 Texas Cosmetology Commission are continued in effect as rules of
45-1 the Texas Board of Barber and Cosmetology Examiners until
45-2 superceded by a rule of the Texas Board of Barber and Cosmetology
45-3 Examiners. A license, permit, or registration issued by the State
45-4 Board of Barber Examiners or the Texas Cosmetology Commission is
45-5 continued in effect as provided by the law in effect immediately
45-6 before the effective date of this Act. A complaint, investigation,
45-7 contested case, or other proceeding pending on the effective date
45-8 of this Act is continued without change in status after the
45-9 effective date of this Act.
45-10 SECTION 42. In making the initial appointments to the Texas
45-11 Board of Barber and Cosmetology Examiners, the governor shall
45-12 appoint:
45-13 (1) one person licensed as a barber, one person
45-14 licensed as a cosmetologist, and one public member to serve terms
45-15 expiring February 1, 1997;
45-16 (2) one person licensed as a barber, one person
45-17 licensed as a cosmetologist, and one public member to serve terms
45-18 expiring February 1, 1999; and
45-19 (3) one person licensed as a barber, one person
45-20 licensed as a cosmetologist, and one public member to serve terms
45-21 expiring February 1, 2001.
45-22 SECTION 43. The importance of this legislation and the
45-23 crowded condition of the calendars in both houses create an
45-24 emergency and an imperative public necessity that the
45-25 constitutional rule requiring bills to be read on three several
45-26 days in each house be suspended, and this rule is hereby suspended.