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.