BG S.B. 447 75(R)BILL ANALYSIS


PUBLIC HEALTH
S.B. 447
By: Madla (Maxey)
5-8-97
Committee Report (Unamended)

BACKGROUND 

The State Board of Barber Examiners (board) is a legally constituted body
appointed by the governor to regulate the practice of barbering in Texas.
However, under current statute, the Texas Board of Health is responsible
for promulgating sanitary rules for the practice of barbering.  The Texas
Department of Health (TDH) does not routinely inspect barber shops or
investigate inquiries about barber shops.  Any inquiries TDH receives are
routinely referred to the board, which has barber inspectors on staff who
routinely inspect these establishments.  All sanitary rules for barbers
are initiated by the board, which then must ask the General Sanitation
Division at TDH to present the proposed rules to the Texas Board of Health
for appropriate action.  S.B. 447 transfers rulemaking authority to the
State Board of Barber Examiners to regulate barbering practices in Texas. 
 
PURPOSE

S.B. 447 clarifies provisions regarding the promulgation of rules for the
practice of barbering. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the State Board of Barber Examiners in SECTION 4
(Section 28(a), Article 8407a, Vernon Texas Civil Statutes) and requires
that the board adopt those rules by September 1, 1998 in SECTION 5(b), as
specified in SECTION 5(c). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(c), Chapter 65, Acts of the 41st  Legislature,
1st Called Session, 1929 (Article 8407a, Vernon Texas Civil Statutes), by
replacing "Texas Department of Health" with "board" in reference to who
minimum standards are promulgated by. Adds the word "other" to clarify
that the board is required to issue a permit to an applicant holding a
class A barber license and whose shop meets the health standard for barber
shops as promulgated by the board and all "other" rules and regulations of
the board.   

SECTION 2. Amends Section 15A(c), Chapter 65, Acts of the 41st
Legislature, 1st Called Session, 1929 (Article 8407a, Vernon Texas Civil
Statutes), to make a conforming change. 

SECTION 3. Amends Section 18(c),Chapter 65, Acts of the 41st  Legislature,
1st Called Session, 1929 (Article 8407a, Vernon Texas Civil Statutes), to
make a conforming change. 

SECTION 4. Amends Section 28(a), Chapter 65, Acts of the 41st
Legislature, 1st Called Session, 1929 (Article 8407a, Vernon Texas Civil
Statutes), to make conforming changes and remove language concerning the
Texas Board of Health having authority over the board to make and
promulgate rules and regulations as to sanitation.  

SECTION 5. Establishes that this date takes effect September 1, 1997.
Requires the State Board of Barber Examiners to adopt rules under this Act
by September 1, 1998. Requires that a rule adopted by the Texas Board of
Health or the Texas Department of Health under Chapter 65, Acts of the
41st Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's Texas
Civil Statutes) that is in effect on the effective date of this Act, to
remain in effect as a rule of the State Board of Barber Examiners until
adopted or superseded as specified. 

 SECTION 6. Emergency clause.