By Harris S.B. No. 35 74R10292 PB-F 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 1-24 compensation for makeup applications only; 2-1 (4) a person who acts as a barber regulated by the law 2-2 of this state if the person does not hold himself out as a 2-3 cosmetologist; 2-4 (5) a person volunteering services or an employee 2-5 performing regular duties at a licensed nursing or convalescent 2-6 custodial or personal care home when recipients of the services are 2-7 patients residing in the home; and 2-8 (6) a person who owns, operates, or manages a licensed 2-9 nursing or convalescent custodial or personal care home which 2-10 allows a person with an operator license to perform services for 2-11 patients residing in the home on an occasional but not daily basis. 2-12 (b) A person who provides incidental cosmetology services, 2-13 or who owns, operates, or manages the location at which those 2-14 services are provided, is exempt from the requirements of this Act 2-15 if the primary purpose of the services is to enable or assist the 2-16 recipient of the services to participate as the subject of: 2-17 (1) a photographic sitting at a fashion photography 2-18 studio; 2-19 (2) a television appearance; or 2-20 (3) the filming of a motion picture. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 2-26 and that this Act take effect and be in force from and after its 2-27 passage, and it is so enacted.