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 * * * * *