By:  Lucio                                            S.B. No. 1502
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of cosmetology.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subsection (b), Section 11, Chapter 1036, Acts of
    1-4  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
    1-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-6        (b)  An applicant for a manicurist license must be at least
    1-7  16 years of age, have completed the seventh grade or its
    1-8  equivalent, and have completed 500 <250> hours of instruction in
    1-9  manicuring through a training program approved by the commission.
   1-10        SECTION 2.  Subsections (b) and (h), Section 21, Chapter
   1-11  1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
   1-12  8451a, Vernon's Texas Civil Statutes), is amended to read as
   1-13  follows:
   1-14        (b)  An applicant for a private beauty culture school license
   1-15  must submit an application on a form prescribed by the commission.
   1-16  Each application must be verified by the applicant and must
   1-17  contain:
   1-18              (1)  a detailed floor plan of the school building
   1-19  divided into two <three> separate areas, one for instruction in
   1-20  theory, and one clinic work area <one for practice work of senior
   1-21  students, and one for practice work of juniors>; and
   1-22              (2)  a statement that the building is fireproof and of
   1-23  permanent type construction, contains a minimum of 3,500 square
    2-1  feet of floor space, with separate restrooms for male and female
    2-2  students, and contains or will contain before classes commence the
    2-3  equipment established by rule of the commission as sufficient to
    2-4  properly instruct a minimum of 50 students.
    2-5        (h)  If a student who begins a course of training that is
    2-6  scheduled to run not more than 12 months withdraws from the course
    2-7  or is terminated from the course by the school, the private beauty
    2-8  culture school may retain 100 percent of the <$100 in> tuition and
    2-9  fees paid by that student and is not obligated to refund any
   2-10  additional outstanding tuition if the student withdraws or is
   2-11  terminated during the last 50 percent of the course.  If the
   2-12  student withdraws or is terminated before the last 50 percent of
   2-13  the course begins, the school shall refund the following
   2-14  percentages of any outstanding tuition:
   2-15              (1)  for withdrawal or termination occurring during the
   2-16  first week or first one-tenth of the course, whichever is less, 90
   2-17  percent;
   2-18              (2)  for withdrawal or termination occurring after the
   2-19  first week or first one-tenth of the course, whichever is less, but
   2-20  within the first three weeks of the course, 80 percent;
   2-21              (3)  for withdrawal or termination occurring after the
   2-22  first three weeks of the course but not later than the completion
   2-23  of the first 25 percent of the course, 75 percent; and
   2-24              (4)  for withdrawal or termination occurring not later
   2-25  than the completion of the second 25 percent of the course, 50
    3-1  percent.
    3-2        SECTION 3.  Subsection (a), Section 22, Chapter 1036, Acts of
    3-3  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
    3-4  Vernon's Texas Civil Statutes), is amended to read as follows:
    3-5        (a)  The holder of a private beauty culture school license
    3-6  shall:
    3-7              (1)  maintain a sanitary establishment;
    3-8              (2)  maintain on its staff and on duty during business
    3-9  hours not less than two full-time instructors licensed under this
   3-10  Act, except that one instructor will be sufficient whenever the
   3-11  student enrollment drops below 15;
   3-12              (3)  maintain a daily record of attendance of students;
   3-13              (4)  establish regular class and instruction hours and
   3-14  grades, and hold examinations before issuing diplomas;
   3-15              (5)  require a school term of not less than nine months
   3-16  and not less than 1,500 hours instruction for a complete course in
   3-17  cosmetology;
   3-18              (6)  require a school term of not less than 500 <250>
   3-19  hours instruction for a complete course in manicuring;
   3-20              (7)  require no student to work or be instructed or
   3-21  receive credit for more than eight hours of instruction in any one
   3-22  day or for more than six days in any one calendar week;
   3-23              (8)  maintain a copy of its curriculum in a conspicuous
   3-24  place and verify that this curriculum is being followed as to
   3-25  subject matter being taught; and
    4-1              (9)  submit to the executive director the name of each
    4-2  student within 10 days after enrollment in the school and notify
    4-3  the executive director of the withdrawal or graduation of a student
    4-4  within 10 days of the withdrawal or graduation.
    4-5        SECTION 4.  This Act takes effect September 1, 1995.
    4-6        SECTION 5.  The importance of this legislation and the
    4-7  crowded condition of the calendars in both houses create an
    4-8  emergency and an imperative public necessity that the
    4-9  constitutional rule requiring bills to be read on three several
   4-10  days in each house be suspended, and this rule is hereby suspended.