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.
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