SRC-TNM S.B. 447 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 447
By: Madla
State Affairs
2-12-97
As Filed


DIGEST 

Currently, 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

As proposed, S.B. 447 outlines provisions regarding the practice of
barbering. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Board of Barber Examiners
under SECTION 4, (Section 28(a), Article 8407a, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(c), Article 8407a, V.T.C.S., to require the
State Board of Barber Examiners (board) to issue a barber shop 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.  Deletes text defining "board" as the
Texas Department of Health. 

SECTION 2. Amends Section 15A(c), Article 8407a, V.T.C.S., to make a
conforming change. 

SECTION 3. Amends Section 18(c), Article 8407a, V.T.C.S., to make a
conforming change. 

SECTION 4. Amends Section 28(a), Article 8407a, V.T.C.S., to makes
conforming and nonsubstantive changes. 

SECTION 5. (a) Effective date: September 1, 1997.

(b) Requires the State Board of Barber Examiners to adopt rules under this
Act not later than September 1, 1998. 

(c) Requires 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, V.T.C.S.), 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Board of Barber Examiners until adopted or superseded by a new rule
adopted by the State Board of Barber Examiners. 

SECTION 6. Emergency clause.