By:  Lucio                                            S.B. No. 1502
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of the practice of cosmetology.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 1, Chapter 1036, Acts of the 62nd
    1-4  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
    1-5  Civil Statutes), is amended by adding Subdivision (5) to read as
    1-6  follows:
    1-7              (5)  "Fashion photography studio" means a permanent
    1-8  establishment at which a fee is charged exclusively for a
    1-9  photographic sitting.
   1-10        SECTION 2.  Subsection (b), Section 10, Chapter 1036, Acts of
   1-11  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-13        (b)  An applicant for an operator license must be at least 17
   1-14  <16> years of age, have completed the seventh grade or its
   1-15  equivalent, and have completed 1,500 hours of instruction in a
   1-16  licensed beauty culture school or 1,000 hours of instruction in
   1-17  beauty culture courses and 500 hours of related high school courses
   1-18  prescribed by the commission in a public school vocational program.
   1-19        SECTION 3.  Subsection (b), Section 11, Chapter 1036, Acts of
   1-20  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-22        (b)  An applicant for a manicurist license must be at least
   1-23  17 <16> years of age, have completed the seventh grade or its
    2-1  equivalent, and have completed 500 <250> hours of instruction in
    2-2  manicuring through a training program approved by the commission.
    2-3        SECTION 4.  Subsection (b), Section 13, Chapter 1036, Acts of
    2-4  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
    2-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    2-6        (b)  An applicant for a specialty certificate must be at
    2-7  least 17 <16> years of age, have completed the seventh grade or its
    2-8  equivalent, and have the necessary requisites as determined by the
    2-9  commission in the particular specialty in which certification is
   2-10  sought, including training through a training program approved by
   2-11  the commission.
   2-12        SECTION 5.  Subsection (b), Section 13A, Chapter 1036, Acts
   2-13  of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   2-14  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-15        (b)  An applicant for a facialist specialty license must be
   2-16  at least 17 <16> years of age, have completed the seventh grade or
   2-17  its equivalent, and have the necessary requisites as determined by
   2-18  the commission in the facialist specialty.
   2-19        SECTION 6.  Subsections (b), (h), and (i), Section 21,
   2-20  Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
   2-21  (Article 8451a, Vernon's Texas Civil Statutes), is amended to read
   2-22  as follows:
   2-23        (b)  An applicant for a private beauty culture school license
   2-24  must submit an application on a form prescribed by the commission.
   2-25  Each application must be verified by the applicant and must
    3-1  contain:
    3-2              (1)  a detailed floor plan of the school building
    3-3  divided into two <three> separate areas, one for instruction in
    3-4  theory and one clinic work area<, one for practice work of senior
    3-5  students, and one for practice work of juniors>; and
    3-6              (2)  a statement that the building is fireproof and of
    3-7  permanent type construction, contains a minimum of 3,500 square
    3-8  feet of floor space, with separate restrooms for male and female
    3-9  students, and contains or will contain before classes commence the
   3-10  equipment established by rule of the commission as sufficient to
   3-11  properly instruct a minimum of 50 students.
   3-12        (h)  If a student who begins a course of training that is
   3-13  scheduled to run not more than 12 months withdraws from the course
   3-14  or is terminated from the course by the school, the private beauty
   3-15  culture school may retain 100 percent of the <$100 in> tuition and
   3-16  fees paid by that student and is not obligated to refund any
   3-17  additional outstanding tuition if the student withdraws or is
   3-18  terminated during the last 50 percent of the course.  If the
   3-19  student withdraws or is terminated before the last 50 percent of
   3-20  the course begins, the school shall refund the following
   3-21  percentages of any outstanding tuition:
   3-22              (1)  for withdrawal or termination occurring during the
   3-23  first week or first one-tenth of the course, whichever is less, 90
   3-24  percent;
   3-25              (2)  for withdrawal or termination occurring after the
    4-1  first week or first one-tenth of the course, whichever is less, but
    4-2  within the first three weeks of the course, 80 percent;
    4-3              (3)  for withdrawal or termination occurring after the
    4-4  first three weeks of the course but not later than the completion
    4-5  of the first 25 percent of the course, 75 percent; and
    4-6              (4)  for withdrawal or termination occurring not later
    4-7  than the completion of the second 25 percent of the course, 50
    4-8  percent.
    4-9        (i)  For students voluntarily withdrawing or terminating
   4-10  after 50 percent of the course has been completed, the school must
   4-11  allow that student to reenter at any time during the 48-month
   4-12  period following the date of withdrawal or termination.
   4-13        SECTION 7.  Section 21A, Chapter 1036, Acts of the 62nd
   4-14  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
   4-15  Civil Statutes), is amended by adding Subsection (l) to read as
   4-16  follows:
   4-17        (l)  Section 403.094(h), Government Code, does not apply to
   4-18  the private beauty culture school tuition protection fund.
   4-19        SECTION 8.  Subsection (a), Section 22, Chapter 1036, Acts of
   4-20  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   4-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   4-22        (a)  The holder of a private beauty culture school license
   4-23  shall:
   4-24              (1)  maintain a sanitary establishment;
   4-25              (2)  maintain on its staff and on duty during business
    5-1  hours one <not less than two> full-time instructor <instructors>
    5-2  licensed under this Act for each 25 students in attendance<, except
    5-3  that one instructor will be sufficient whenever the student
    5-4  enrollment drops below 15>;
    5-5              (3)  maintain a daily record of attendance of students;
    5-6              (4)  establish regular class and instruction hours and
    5-7  grades, and hold examinations before issuing diplomas;
    5-8              (5)  require a school term of not less than nine months
    5-9  and not less than 1,500 hours instruction for a complete course in
   5-10  cosmetology;
   5-11              (6)  require a school term of not less than 500 <250>
   5-12  hours instruction for a complete course in manicuring;
   5-13              (7)  require no student to work or be instructed or
   5-14  receive credit for more than 48 <eight> hours of instruction in any
   5-15  one <day or for more than six days in any one> calendar week;
   5-16              (8)  maintain a copy of its curriculum in a conspicuous
   5-17  place and verify that this curriculum is being followed as to
   5-18  subject matter being taught; and
   5-19              (9)  submit to the executive director the name of each
   5-20  student within 10 days after enrollment in the school and notify
   5-21  the executive director of the withdrawal or graduation of a student
   5-22  within 10 days of the withdrawal or graduation.
   5-23        SECTION 9.  Subsection (c), Section 26, Chapter 1036, Acts of
   5-24  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   5-25  Vernon's Texas Civil Statutes), is amended to read as follows:
    6-1        (c)  A person holding a beauty shop or specialty shop license
    6-2  may not employ a person as an operator or specialist or lease or
    6-3  rent to a person who acts as an operator or specialist who has not
    6-4  first obtained a license or certificate under this Act or who has
    6-5  not first obtained a license or certificate under the law
    6-6  regulating barbers.
    6-7        SECTION 10.  Section 39, Chapter 1036, Acts of the 62nd
    6-8  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
    6-9  Civil Statutes), is amended to read as follows:
   6-10        Sec. 39.  EXEMPTIONS.  (a)  The following are exempt from the
   6-11  provisions of this Act:
   6-12              (1)  service in the case of an emergency;
   6-13              (2)  persons licensed in this state to practice
   6-14  medicine, surgery, dentistry, podiatry, osteopathy, chiropractic,
   6-15  or nursing, and who are operating within the scope of their
   6-16  license;
   6-17              (3)  a person engaged in the business of or receiving
   6-18  compensation for makeup applications only;
   6-19              (4)  a person who acts as a barber regulated by the law
   6-20  of this state if the person does not hold himself out as a
   6-21  cosmetologist;
   6-22              (5)  a person volunteering services or an employee
   6-23  performing regular duties at a licensed nursing or convalescent
   6-24  custodial or personal care home when recipients of the services are
   6-25  patients residing in the home; and
    7-1              (6)  a person who owns, operates, or manages a licensed
    7-2  nursing or convalescent custodial or personal care home which
    7-3  allows a person with an operator license to perform services for
    7-4  patients residing in the home on an occasional but not daily basis.
    7-5        (b)  A person who provides incidental cosmetology services or
    7-6  who owns, operates, or manages the location at which those services
    7-7  are provided is exempt from the requirements of this Act if the
    7-8  primary purpose of the services is to enable or assist the
    7-9  recipient of the services to participate as the subject of:
   7-10              (1)  a photographic sitting at a fashion photography
   7-11  studio;
   7-12              (2)  a television appearance; or
   7-13              (3)  the filming of a motion picture.
   7-14        SECTION 11.  Subsection (a), Section 40, Chapter 1036, Acts
   7-15  of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   7-16  Vernon's Texas Civil Statutes), is amended to read as follows:
   7-17        (a)  Any person who violates this Act, except Section 31 of
   7-18  this Act, is guilty of a misdemeanor, and on conviction is
   7-19  punishable by a fine of not less than $100 <$25> nor more than $300
   7-20  <$200>.
   7-21        SECTION 12.  An application for a license or certificate
   7-22  filed before the effective date of this Act is governed by the law
   7-23  in effect at the time the application was filed, and the former law
   7-24  is continued in effect for that purpose.
   7-25        SECTION 13.  The importance of this legislation and the
    8-1  crowded condition of the calendars in both houses create an
    8-2  emergency and an imperative public necessity that the
    8-3  constitutional rule requiring bills to be read on three several
    8-4  days in each house be suspended, and this rule is hereby suspended,
    8-5  and that this Act take effect and be in force from and after its
    8-6  passage, and it is so enacted.