1-1 By: Harris (Senate Sponsor - Harris) H.B. No. 2352
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays
1-6 0; May 23, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2352 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to an exemption from the application of certain
1-11 requirements related to the practice of cosmetology for persons who
1-12 provide services at a fashion photography studio.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 1, Chapter 1036, Acts of the 62nd
1-15 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-16 Civil Statutes), is amended by adding Subdivision (5) to read as
1-17 follows:
1-18 (5) "Fashion photography studio" means a permanent
1-19 establishment at which a fee is charged exclusively for a
1-20 photographic sitting, no cosmetic products are sold and no cosmetic
1-21 services separate from those incidental to the photographic sitting
1-22 are offered.
1-23 SECTION 2. Section 39, Chapter 1036, Acts of the 62nd
1-24 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-25 Civil Statutes), is amended to read as follows:
1-26 Sec. 39. Exemptions. (a) The following are exempt from the
1-27 provisions of this Act:
1-28 (1) service in the case of an emergency;
1-29 (2) persons licensed in this state to practice
1-30 medicine, surgery, dentistry, podiatry, osteopathy, chiropractic,
1-31 or nursing, and who are operating within the scope of their
1-32 license;
1-33 (3) a person engaged in the business of or receiving
1-34 compensation for makeup applications only;
1-35 (4) a person who acts as a barber regulated by the law
1-36 of this state if the person does not hold himself out as a
1-37 cosmetologist;
1-38 (5) a person volunteering services or an employee
1-39 performing regular duties at a licensed nursing or convalescent
1-40 custodial or personal care home when recipients of the services are
1-41 patients residing in the home; and
1-42 (6) a person who owns, operates, or manages a licensed
1-43 nursing or convalescent custodial or personal care home which
1-44 allows a person with an operator license to perform services for
1-45 patients residing in the home on an occasional but not daily basis.
1-46 (b) A person who provides incidental cosmetology services,
1-47 or who owns, operates, or manages the location at which those
1-48 services are provided, is exempt from the requirements of this Act
1-49 if the primary purpose of the services is to enable or assist the
1-50 recipient of the services to participate as the subject of:
1-51 (1) a photographic sitting at a fashion photography
1-52 studio;
1-53 (2) a television appearance; or
1-54 (3) the filming of a motion picture.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *