S.B. No. 1502
AN ACT
1-1 relating to the regulation of the practice of cosmetology;
1-2 providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 1036, Acts of the 62nd
1-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-6 Civil Statutes), is amended by adding Subdivisions (5) and (6) to
1-7 read as follows:
1-8 (5) "Fashion photography studio" means a permanent
1-9 establishment at which a fee is charged exclusively for a
1-10 photographic sitting.
1-11 (6) "Member" means a member of the commission
1-12 appointed by the governor.
1-13 SECTION 2. Subsection (b), Section 10, Chapter 1036, Acts of
1-14 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
1-15 Vernon's Texas Civil Statutes), is amended to read as follows:
1-16 (b) An applicant for an operator license must be at least 17
1-17 <16> years of age, have completed the seventh grade or its
1-18 equivalent, and have completed 1,500 hours of instruction in a
1-19 licensed beauty culture school or 1,000 hours of instruction in
1-20 beauty culture courses and 500 hours of related high school courses
1-21 prescribed by the commission in a public school vocational program.
1-22 SECTION 3. Subsection (b), Section 11, Chapter 1036, Acts of
1-23 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
2-1 Vernon's Texas Civil Statutes), is amended to read as follows:
2-2 (b) An applicant for a manicurist license must be at least
2-3 17 <16> years of age, have completed the seventh grade or its
2-4 equivalent, and have completed 600 <250> hours of instruction in
2-5 manicuring through a training program approved by the commission.
2-6 SECTION 4. Subsection (b), Section 13, Chapter 1036, Acts of
2-7 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
2-8 Vernon's Texas Civil Statutes), is amended to read as follows:
2-9 (b) An applicant for a specialty certificate must be at
2-10 least 17 <16> years of age, have completed the seventh grade or its
2-11 equivalent, and have the necessary requisites as determined by the
2-12 commission in the particular specialty in which certification is
2-13 sought, including training through a training program approved by
2-14 the commission.
2-15 SECTION 5. Subsection (b), Section 13A, Chapter 1036, Acts
2-16 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
2-17 Vernon's Texas Civil Statutes), is amended to read as follows:
2-18 (b) An applicant for a facialist specialty license must be
2-19 at least 17 <16> years of age, have completed the seventh grade or
2-20 its equivalent, and have the necessary requisites as determined by
2-21 the commission in the facialist specialty.
2-22 SECTION 6. Subsections (b), (h), and (i), Section 21,
2-23 Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
2-24 (Article 8451a, Vernon's Texas Civil Statutes), are amended to read
2-25 as follows:
3-1 (b) An applicant for a private beauty culture school license
3-2 must submit an application on a form prescribed by the commission.
3-3 Each application must be verified by the applicant and must
3-4 contain:
3-5 (1) a detailed floor plan of the school building
3-6 divided into two <three> separate areas, one for instruction in
3-7 theory and one clinic work area<, one for practice work of senior
3-8 students, and one for practice work of juniors>; and
3-9 (2) a statement that the building is fireproof and of
3-10 permanent type construction, contains a minimum of 3,500 square
3-11 feet of floor space, with separate restrooms for male and female
3-12 students, and contains or will contain before classes commence the
3-13 equipment established by rule of the commission as sufficient to
3-14 properly instruct a minimum of 50 students.
3-15 (h) If a student who begins a course of training that is
3-16 scheduled to run not more than 12 months withdraws from the course
3-17 or is terminated from the course by the school, the private beauty
3-18 culture school may retain 100 percent of the <$100 in> tuition and
3-19 fees paid by that student and is not obligated to refund any
3-20 additional outstanding tuition if the student withdraws or is
3-21 terminated during the last 50 percent of the course. If the
3-22 student withdraws or is terminated before the last 50 percent of
3-23 the course begins, the school shall refund the following
3-24 percentages of any outstanding tuition:
3-25 (1) for withdrawal or termination occurring during the
4-1 first week or first one-tenth of the course, whichever is less, 90
4-2 percent;
4-3 (2) for withdrawal or termination occurring after the
4-4 first week or first one-tenth of the course, whichever is less, but
4-5 within the first three weeks of the course, 80 percent;
4-6 (3) for withdrawal or termination occurring after the
4-7 first three weeks of the course but not later than the completion
4-8 of the first 25 percent of the course, 75 percent; and
4-9 (4) for withdrawal or termination occurring not later
4-10 than the completion of the second 25 percent of the course, 50
4-11 percent.
4-12 (i) For students voluntarily withdrawing or terminating
4-13 after 50 percent of the course has been completed, the school must
4-14 allow that student to reenter at any time during the 48-month
4-15 period following the date of withdrawal or termination.
4-16 SECTION 7. Section 21A, Chapter 1036, Acts of the 62nd
4-17 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-18 Civil Statutes), is amended by adding Subsection (l) to read as
4-19 follows:
4-20 (l) Section 403.094(h), Government Code, does not apply to
4-21 the private beauty culture school tuition protection fund.
4-22 SECTION 8. Subsection (a), Section 22, Chapter 1036, Acts of
4-23 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
4-24 Vernon's Texas Civil Statutes), is amended to read as follows:
4-25 (a) The holder of a private beauty culture school license
5-1 shall:
5-2 (1) maintain a sanitary establishment;
5-3 (2) maintain on its staff and on duty during business
5-4 hours one <not less than two> full-time instructor <instructors>
5-5 licensed under this Act for each 25 students in attendance<, except
5-6 that one instructor will be sufficient whenever the student
5-7 enrollment drops below 15>;
5-8 (3) maintain a daily record of attendance of students;
5-9 (4) establish regular class and instruction hours and
5-10 grades, and hold examinations before issuing diplomas;
5-11 (5) require a school term of not less than nine months
5-12 and not less than 1,500 hours instruction for a complete course in
5-13 cosmetology;
5-14 (6) require a school term of not less than 600 <250>
5-15 hours instruction for a complete course in manicuring;
5-16 (7) require no student to work or be instructed or
5-17 receive credit for more than 48 <eight> hours of instruction in any
5-18 one <day or for more than six days in any one> calendar week;
5-19 (8) maintain a copy of its curriculum in a conspicious
5-20 place and verify that this curriculum is being followed as to
5-21 subject matter being taught; and
5-22 (9) submit to the executive director the name of each
5-23 student within 10 days after enrollment in the school and notify
5-24 the executive director of the withdrawal or graduation of a student
5-25 within 10 days of the withdrawal or graduation.
6-1 SECTION 9. Subsection (c), Section 26, Chapter 1036, Acts of
6-2 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
6-3 Vernon's Texas Civil Statutes), is amended to read as follows:
6-4 (c) A person holding a beauty shop or specialty shop license
6-5 may not employ a person as an operator or specialist or lease or
6-6 rent to a person who acts as an operator or specialist who has not
6-7 first obtained a license or certificate under this Act or who has
6-8 not first obtained a license or certificate under the law
6-9 regulating barbers.
6-10 SECTION 10. Section 39, Chapter 1036, Acts of the 62nd
6-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
6-12 Civil Statutes), is amended to read as follows:
6-13 Sec. 39. EXEMPTIONS. (a) The following are exempt from the
6-14 provisions of this Act:
6-15 (1) service in the case of an emergency;
6-16 (2) persons licensed in this state to practice
6-17 medicine, surgery, dentistry, podiatry, osteopathy, chiropractic,
6-18 or nursing, and who are operating within the scope of their
6-19 license;
6-20 (3) a person engaged in the business of or receiving
6-21 compensation for makeup applications only;
6-22 (4) a person who acts as a barber regulated by the law
6-23 of this state if the person does not hold himself out as a
6-24 cosmetologist;
6-25 (5) a person volunteering services or an employee
7-1 performing regular duties at a licensed nursing or convalescent
7-2 custodial or personal care home when recipients of the services are
7-3 patients residing in the home; and
7-4 (6) a person who owns, operates, or manages a licensed
7-5 nursing or convalescent custodial or personal care home which
7-6 allows a person with an operator license to perform services for
7-7 patients residing in the home on an occasional but not daily basis.
7-8 (b) A person who provides incidental cosmetology services or
7-9 who owns, operates, or manages the location at which those services
7-10 are provided is exempt from the requirements of this Act if the
7-11 primary purpose of the services is to enable or assist the
7-12 recipient of the services to participate as the subject of:
7-13 (1) a photographic sitting at a fashion photography
7-14 studio;
7-15 (2) a television appearance; or
7-16 (3) the filming of a motion picture.
7-17 SECTION 11. Subsection (a), Section 40, Chapter 1036, Acts
7-18 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
7-19 Vernon's Texas Civil Statutes), is amended to read as follows:
7-20 (a) Any person who violates this Act, except Section 31 of
7-21 this Act, is guilty of a misdemeanor, and on conviction is
7-22 punishable by a fine of not less than $100 <$25> nor more than $300
7-23 <$200>.
7-24 SECTION 12. This Act takes effect September 1, 1995, and
7-25 applies only to a person who applies for a license or certificate
8-1 on or after that date. An application filed before the effective
8-2 date of this Act is governed by the law in effect at the time the
8-3 application was filed, and the former law is continued in effect
8-4 for that purpose.
8-5 SECTION 13. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.