By Harris                                             H.B. No. 2352
          Substitute the following for H.B. No. 2352:
          By Berlanga                                       C.S.H.B. No. 2352
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exemption from the application of certain
    1-3  requirements related to the practice of cosmetology for persons who
    1-4  provide services at a fashion photography studio.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1, Chapter 1036, Acts of the 62nd
    1-7  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
    1-8  Civil Statutes), is amended by adding Subdivision (5) to read as
    1-9  follows:
   1-10              (5)  "Fashion photography studio" means a permanent
   1-11  establishment at which a fee is charged exclusively for a
   1-12  photographic sitting.
   1-13        SECTION 2.  Section 39, Chapter 1036, Acts of the 62nd
   1-14  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
   1-15  Civil Statutes), is amended to read as follows:
   1-16        Sec. 39.  Exemptions.  (a)  The following are exempt from the
   1-17  provisions of this Act:
   1-18              (1)  service in the case of an emergency;
   1-19              (2)  persons licensed in this state to practice
   1-20  medicine, surgery, dentistry, podiatry, osteopathy, chiropractic,
   1-21  or nursing, and who are operating within the scope of their
   1-22  license;
   1-23              (3)  a person engaged in the business of or receiving
    2-1  compensation for makeup applications only;
    2-2              (4)  a person who acts as a barber regulated by the law
    2-3  of this state if the person does not hold himself out as a
    2-4  cosmetologist;
    2-5              (5)  a person volunteering services or an employee
    2-6  performing regular duties at a licensed nursing or convalescent
    2-7  custodial or personal care home when recipients of the services are
    2-8  patients residing in the home; and
    2-9              (6)  a person who owns, operates, or manages a licensed
   2-10  nursing or convalescent custodial or personal care home which
   2-11  allows a person with an operator license to perform services for
   2-12  patients residing in the home on an occasional but not daily basis.
   2-13        (b)  A person who provides incidental cosmetology services,
   2-14  or who owns, operates, or manages the location at which those
   2-15  services are provided, is exempt from the requirements of this Act
   2-16  if the primary purpose of the services is to enable or assist the
   2-17  recipient of the services to participate as the subject of:
   2-18              (1)  a photographic sitting at a fashion photography
   2-19  studio;
   2-20              (2)  a television appearance; or
   2-21              (3)  the filming of a motion picture.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended,
    3-2  and that this Act take effect and be in force from and after its
    3-3  passage, and it is so enacted.