1-1  By:  Lucio                                            S.B. No. 1502
    1-2        (In the Senate - Filed March 13, 1995; March 21, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 12, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 12, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1502                   By:  Lucio
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the regulation of the practice of cosmetology.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 1, Chapter 1036, Acts of the 62nd
   1-13  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
   1-14  Civil Statutes), is amended by adding Subdivision (5) to read as
   1-15  follows:
   1-16              (5)  "Fashion photography studio" means a permanent
   1-17  establishment at which a fee is charged exclusively for a
   1-18  photographic sitting.
   1-19        SECTION 2.  Subsection (b), Section 10, Chapter 1036, Acts of
   1-20  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-22        (b)  An applicant for an operator license must be at least 17
   1-23  <16> years of age, have completed the seventh grade or its
   1-24  equivalent, and have completed 1,500 hours of instruction in a
   1-25  licensed beauty culture school or 1,000 hours of instruction in
   1-26  beauty culture courses and 500 hours of related high school courses
   1-27  prescribed by the commission in a public school vocational program.
   1-28        SECTION 3.  Subsection (b), Section 11, Chapter 1036, Acts of
   1-29  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-30  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-31        (b)  An applicant for a manicurist license must be at least
   1-32  17 <16> years of age, have completed the seventh grade or its
   1-33  equivalent, and have completed 500 <250> hours of instruction in
   1-34  manicuring through a training program approved by the commission.
   1-35        SECTION 4.  Subsection (b), Section 13, Chapter 1036, Acts of
   1-36  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-37  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-38        (b)  An applicant for a specialty certificate must be at
   1-39  least 17 <16> years of age, have completed the seventh grade or its
   1-40  equivalent, and have the necessary requisites as determined by the
   1-41  commission in the particular specialty in which certification is
   1-42  sought, including training through a training program approved by
   1-43  the commission.
   1-44        SECTION 5.  Subsection (b), Section 13A, Chapter 1036, Acts
   1-45  of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   1-46  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-47        (b)  An applicant for a facialist specialty license must be
   1-48  at least 17 <16> years of age, have completed the seventh grade or
   1-49  its equivalent, and have the necessary requisites as determined by
   1-50  the commission in the facialist specialty.
   1-51        SECTION 6.  Subsections (b), (h), and (i), Section 21,
   1-52  Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
   1-53  (Article 8451a, Vernon's Texas Civil Statutes), is amended to read
   1-54  as follows:
   1-55        (b)  An applicant for a private beauty culture school license
   1-56  must submit an application on a form prescribed by the commission.
   1-57  Each application must be verified by the applicant and must
   1-58  contain:
   1-59              (1)  a detailed floor plan of the school building
   1-60  divided into two <three> separate areas, one for instruction in
   1-61  theory and one clinic work area<, one for practice work of senior
   1-62  students, and one for practice work of juniors>; and
   1-63              (2)  a statement that the building is fireproof and of
   1-64  permanent type construction, contains a minimum of 3,500 square
   1-65  feet of floor space, with separate restrooms for male and female
   1-66  students, and contains or will contain before classes commence the
   1-67  equipment established by rule of the commission as sufficient to
   1-68  properly instruct a minimum of 50 students.
    2-1        (h)  If a student who begins a course of training that is
    2-2  scheduled to run not more than 12 months withdraws from the course
    2-3  or is terminated from the course by the school, the private beauty
    2-4  culture school may retain 100 percent of the <$100 in> tuition and
    2-5  fees paid by that student and is not obligated to refund any
    2-6  additional outstanding tuition if the student withdraws or is
    2-7  terminated during the last 50 percent of the course.  If the
    2-8  student withdraws or is terminated before the last 50 percent of
    2-9  the course begins, the school shall refund the following
   2-10  percentages of any outstanding tuition:
   2-11              (1)  for withdrawal or termination occurring during the
   2-12  first week or first one-tenth of the course, whichever is less, 90
   2-13  percent;
   2-14              (2)  for withdrawal or termination occurring after the
   2-15  first week or first one-tenth of the course, whichever is less, but
   2-16  within the first three weeks of the course, 80 percent;
   2-17              (3)  for withdrawal or termination occurring after the
   2-18  first three weeks of the course but not later than the completion
   2-19  of the first 25 percent of the course, 75 percent; and
   2-20              (4)  for withdrawal or termination occurring not later
   2-21  than the completion of the second 25 percent of the course, 50
   2-22  percent.
   2-23        (i)  For students voluntarily withdrawing or terminating
   2-24  after 50 percent of the course has been completed, the school must
   2-25  allow that student to reenter at any time during the 48-month
   2-26  period following the date of withdrawal or termination.
   2-27        SECTION 7.  Section 21A, Chapter 1036, Acts of the 62nd
   2-28  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
   2-29  Civil Statutes), is amended by adding Subsection (l) to read as
   2-30  follows:
   2-31        (l)  Section 403.094(h), Government Code, does not apply to
   2-32  the private beauty culture school tuition protection fund.
   2-33        SECTION 8.  Subsection (a), Section 22, Chapter 1036, Acts of
   2-34  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   2-35  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-36        (a)  The holder of a private beauty culture school license
   2-37  shall:
   2-38              (1)  maintain a sanitary establishment;
   2-39              (2)  maintain on its staff and on duty during business
   2-40  hours one <not less than two> full-time instructor <instructors>
   2-41  licensed under this Act for each 25 students in attendance<, except
   2-42  that one instructor will be sufficient whenever the student
   2-43  enrollment drops below 15>;
   2-44              (3)  maintain a daily record of attendance of students;
   2-45              (4)  establish regular class and instruction hours and
   2-46  grades, and hold examinations before issuing diplomas;
   2-47              (5)  require a school term of not less than nine months
   2-48  and not less than 1,500 hours instruction for a complete course in
   2-49  cosmetology;
   2-50              (6)  require a school term of not less than 500 <250>
   2-51  hours instruction for a complete course in manicuring;
   2-52              (7)  require no student to work or be instructed or
   2-53  receive credit for more than 48 <eight> hours of instruction in any
   2-54  one <day or for more than six days in any one> calendar week;
   2-55              (8)  maintain a copy of its curriculum in a conspicuous
   2-56  place and verify that this curriculum is being followed as to
   2-57  subject matter being taught; and
   2-58              (9)  submit to the executive director the name of each
   2-59  student within 10 days after enrollment in the school and notify
   2-60  the executive director of the withdrawal or graduation of a student
   2-61  within 10 days of the withdrawal or graduation.
   2-62        SECTION 9.  Subsection (c), Section 26, Chapter 1036, Acts of
   2-63  the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   2-64  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-65        (c)  A person holding a beauty shop or specialty shop license
   2-66  may not employ a person as an operator or specialist or lease or
   2-67  rent to a person who acts as an operator or specialist who has not
   2-68  first obtained a license or certificate under this Act or who has
   2-69  not first obtained a license or certificate under the law
   2-70  regulating barbers.
    3-1        SECTION 10.  Section 39, Chapter 1036, Acts of the 62nd
    3-2  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
    3-3  Civil Statutes), is amended to read as follows:
    3-4        Sec. 39.  EXEMPTIONS.  (a)  The following are exempt from the
    3-5  provisions of this Act:
    3-6              (1)  service in the case of an emergency;
    3-7              (2)  persons licensed in this state to practice
    3-8  medicine, surgery, dentistry, podiatry, osteopathy, chiropractic,
    3-9  or nursing, and who are operating within the scope of their
   3-10  license;
   3-11              (3)  a person engaged in the business of or receiving
   3-12  compensation for makeup applications only;
   3-13              (4)  a person who acts as a barber regulated by the law
   3-14  of this state if the person does not hold himself out as a
   3-15  cosmetologist;
   3-16              (5)  a person volunteering services or an employee
   3-17  performing regular duties at a licensed nursing or convalescent
   3-18  custodial or personal care home when recipients of the services are
   3-19  patients residing in the home; and
   3-20              (6)  a person who owns, operates, or manages a licensed
   3-21  nursing or convalescent custodial or personal care home which
   3-22  allows a person with an operator license to perform services for
   3-23  patients residing in the home on an occasional but not daily basis.
   3-24        (b)  A person who provides incidental cosmetology services or
   3-25  who owns, operates, or manages the location at which those services
   3-26  are provided is exempt from the requirements of this Act if the
   3-27  primary purpose of the services is to enable or assist the
   3-28  recipient of the services to participate as the subject of:
   3-29              (1)  a photographic sitting at a fashion photography
   3-30  studio;
   3-31              (2)  a television appearance; or
   3-32              (3)  the filming of a motion picture.
   3-33        SECTION 11.  Subsection (a), Section 40, Chapter 1036, Acts
   3-34  of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
   3-35  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-36        (a)  Any person who violates this Act, except Section 31 of
   3-37  this Act, is guilty of a misdemeanor, and on conviction is
   3-38  punishable by a fine of not less than $100 <$25> nor more than $300
   3-39  <$200>.
   3-40        SECTION 12.  An application for a license or certificate
   3-41  filed before the effective date of this Act is governed by the law
   3-42  in effect at the time the application was filed, and the former law
   3-43  is continued in effect for that purpose.
   3-44        SECTION 13.  The importance of this legislation and the
   3-45  crowded condition of the calendars in both houses create an
   3-46  emergency and an imperative public necessity that the
   3-47  constitutional rule requiring bills to be read on three several
   3-48  days in each house be suspended, and this rule is hereby suspended,
   3-49  and that this Act take effect and be in force from and after its
   3-50  passage, and it is so enacted.
   3-51                               * * * * *