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.