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.