74R12665 JMM-D
By Lucio S.B. No. 1502
Substitute the following for S.B. No. 1502:
By Berlanga C.S.S.B. No. 1502
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of cosmetology.
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 Subdivision (5) to read as
1-7 follows:
1-8 (5) "Member" means a member of the commission
1-9 appointed by the governor.
1-10 SECTION 2. Section 10(b), Chapter 1036, Acts of the 62nd
1-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-12 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. Section 11(b), Chapter 1036, Acts of the 62nd
1-20 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-21 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
1-24 equivalent, and have completed 600 <250> hours of instruction in
2-1 manicuring through a training program approved by the commission.
2-2 SECTION 4. Section 13(b), Chapter 1036, Acts of the 62nd
2-3 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-4 Civil Statutes), is amended to read as follows:
2-5 (b) An applicant for a specialty certificate must be at
2-6 least 17 <16> years of age, have completed the seventh grade or its
2-7 equivalent, and have the necessary requisites as determined by the
2-8 commission in the particular specialty in which certification is
2-9 sought, including training through a training program approved by
2-10 the commission.
2-11 SECTION 5. Section 13A(b), Chapter 1036, Acts of the 62nd
2-12 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-13 Civil Statutes), is amended to read as follows:
2-14 (b) An applicant for a facialist specialty license must be
2-15 at least 17 <16> years of age, have completed the seventh grade or
2-16 its equivalent, and have the necessary requisites as determined by
2-17 the commission in the facialist specialty.
2-18 SECTION 6. Sections 21(b), (h), and (i), Chapter 1036, Acts
2-19 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
2-20 Vernon's Texas Civil Statutes), is amended to read as follows:
2-21 (b) An applicant for a private beauty culture school license
2-22 must submit an application on a form prescribed by the commission.
2-23 Each application must be verified by the applicant and must
2-24 contain:
2-25 (1) a detailed floor plan of the school building
2-26 divided into two <three> separate areas, one for instruction in
2-27 theory and one clinic work area<, one for practice work of senior
3-1 students, and one for practice work of juniors>; and
3-2 (2) a statement that the building is fireproof and of
3-3 permanent type construction, contains a minimum of 3,500 square
3-4 feet of floor space, with separate restrooms for male and female
3-5 students, and contains or will contain before classes commence the
3-6 equipment established by rule of the commission as sufficient to
3-7 properly instruct a minimum of 50 students.
3-8 (h) If a student who begins a course of training that is
3-9 scheduled to run not more than 12 months withdraws from the course
3-10 or is terminated from the course by the school, the private beauty
3-11 culture school may retain 100 percent of the <$100 in> tuition and
3-12 fees paid by that student and is not obligated to refund any
3-13 additional outstanding tuition if the student withdraws or is
3-14 terminated during the last 50 percent of the course. If the
3-15 student withdraws or is terminated before the last 50 percent of
3-16 the course begins, the school shall refund the following
3-17 percentages of any outstanding tuition:
3-18 (1) for withdrawal or termination occurring during the
3-19 first week or first one-tenth of the course, whichever is less, 90
3-20 percent;
3-21 (2) for withdrawal or termination occurring after the
3-22 first week or first one-tenth of the course, whichever is less, but
3-23 within the first three weeks of the course, 80 percent;
3-24 (3) for withdrawal or termination occurring after the
3-25 first three weeks of the course but not later than the completion
3-26 of the first 25 percent of the course, 75 percent; and
3-27 (4) for withdrawal or termination occurring not later
4-1 than the completion of the second 25 percent of the course, 50
4-2 percent.
4-3 (i) For students voluntarily withdrawing or terminating
4-4 after 50 percent of the course has been completed, the school must
4-5 allow that student to reenter at any time during the 48-month
4-6 period following the date of withdrawal or termination.
4-7 SECTION 7. Section 21A, Chapter 1036, Acts of the 62nd
4-8 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-9 Civil Statutes), is amended by adding Subsection (l) to read as
4-10 follows:
4-11 (l) Section 403.094(h), Government Code, does not apply to
4-12 the private beauty culture school tuition protection fund.
4-13 SECTION 8. Section 22(a), Chapter 1036, Acts of the 62nd
4-14 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-15 Civil Statutes), is amended to read as follows:
4-16 (a) The holder of a private beauty culture school license
4-17 shall:
4-18 (1) maintain a sanitary establishment;
4-19 (2) maintain on its staff and on duty during business
4-20 hours one <not less than two> full-time instructor <instructors>
4-21 licensed under this Act for each 25 students in attendance <,
4-22 except that one instructor will be sufficient whenever the student
4-23 enrollment drops below 15>;
4-24 (3) maintain a daily record of attendance of students;
4-25 (4) establish regular class and instruction hours and
4-26 grades, and hold examinations before issuing diplomas;
4-27 (5) require a school term of not less than nine months
5-1 and not less than 1,500 hours instruction for a complete course in
5-2 cosmetology;
5-3 (6) require a school term of not less than 600 <250>
5-4 hours instruction for a complete course in manicuring;
5-5 (7) require no student to work or be instructed or
5-6 receive credit for more than 48 <eight> hours of instruction in any
5-7 one <day or for more than six days in any one> calendar week;
5-8 (8) maintain a copy of its curriculum in a conspicuous
5-9 place and verify that this curriculum is being followed as to
5-10 subject matter being taught; and
5-11 (9) submit to the executive director the name of each
5-12 student within 10 days after enrollment in the school and notify
5-13 the executive director of the withdrawal or graduation of a student
5-14 within 10 days of the withdrawal or graduation.
5-15 SECTION 9. Section 26(c), Chapter 1036, Acts of the 62nd
5-16 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-17 Civil Statutes), is amended to read as follows:
5-18 (c) A person holding a beauty shop or specialty shop license
5-19 may not employ a person as an operator or specialist or lease or
5-20 rent to a person who acts as an operator or specialist who has not
5-21 first obtained a license or certificate under this Act or who has
5-22 not first obtained a license or certificate under the law
5-23 regulating barbers.
5-24 SECTION 10. Section 40(a), Chapter 1036, Acts of the 62nd
5-25 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
5-26 Civil Statutes), is amended to read as follows:
5-27 (a) Any person who violates this Act, except Section 31 of
6-1 this Act, is guilty of a misdemeanor, and on conviction is
6-2 punishable by a fine of not less than $100 <$25> nor more than $300
6-3 <$200>.
6-4 SECTION 11. This Act takes effect September 1, 1995, and
6-5 applies only to a person who applies for a license or certificate
6-6 on or after that date. An application filed before the effective
6-7 date of this Act is governed by the law in effect at the time the
6-8 application was filed, and the former law is continued in effect
6-9 for that purpose.
6-10 SECTION 12. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.