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.