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 * * * * *