By Kubiak H.B. No. 3446
75R9057 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of cosmetology.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4(f), Chapter 1036, Acts of the 62nd
1-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (f) The commission shall [may] recognize, prepare, or
1-8 administer continuing education programs for the practice of
1-9 cosmetology. Participation in the programs is required to renew a
1-10 license [voluntary]. The commission shall adopt rules providing
1-11 the manner by which a person regulated under this Act shall comply
1-12 with this subsection.
1-13 SECTION 2. Section 9(c), Chapter 1036, Acts of the 62nd
1-14 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-15 Civil Statutes), is amended to read as follows:
1-16 (c) A person may not instruct in the art of cosmetology
1-17 unless he holds an instructor license from this state and the
1-18 instruction is done in a [private] beauty culture school or public
1-19 school cosmetology program.
1-20 SECTION 3. Section 10(b), Chapter 1036, Acts of the 62nd
1-21 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
1-22 Civil Statutes), is amended to read as follows:
1-23 (b) An applicant for an operator license must be at least 17
1-24 years of age, have a high school diploma or the equivalent or have
2-1 passed an Ability to Benefit from Training examination [completed
2-2 the seventh grade or its equivalent], and have completed 1,500
2-3 hours of instruction in a licensed beauty culture school [or 1,000
2-4 hours of instruction in beauty culture courses and 500 hours of
2-5 related high school courses prescribed by the commission in a
2-6 public school vocational program].
2-7 SECTION 4. Section 11(b), Chapter 1036, Acts of the 62nd
2-8 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-9 Civil Statutes), is amended to read as follows:
2-10 (b) An applicant for a manicurist license must be at least
2-11 17 years of age, have a high school diploma or its equivalent or
2-12 have passed an Ability to Benefit from Training examination
2-13 [completed the seventh grade or its equivalent], and have completed
2-14 600 hours of instruction in manicuring through a training program
2-15 approved by the commission.
2-16 SECTION 5. Section 12(b), Chapter 1036, Acts of the 62nd
2-17 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
2-18 Civil Statutes), is amended to read as follows:
2-19 (b) An applicant for an instructor license must be at least
2-20 18 years of age, have completed the 12th grade or its equivalent,
2-21 have a valid operator license, and have completed a course
2-22 consisting of 750 hours of instruction in cosmetology courses and
2-23 methods of teaching in a licensed [private] beauty culture school
2-24 or in a vocational training program of a publicly financed
2-25 postsecondary institution or at least two years of verifiable
2-26 experience as a licensed operator [and at least 250 hours of
2-27 instruction in cosmetology in a training program approved by the
3-1 commission].
3-2 SECTION 6. Section 13(b), Chapter 1036, Acts of the 62nd
3-3 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-4 Civil Statutes), is amended to read as follows:
3-5 (b) An applicant for a specialty certificate must be at
3-6 least 17 years of age, have a high school diploma or its equivalent
3-7 or have passed an Ability to Benefit from Training examination
3-8 [completed the seventh grade or its equivalent], and have the
3-9 necessary requisites as determined by the commission in the
3-10 particular specialty in which certification is sought, including
3-11 training through a training program approved by the commission.
3-12 SECTION 7. Section 13A(b), Chapter 1036, Acts of the 62nd
3-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-14 Civil Statutes), is amended to read as follows:
3-15 (b) An applicant for a facialist specialty license must be
3-16 at least 17 years of age, have a high school diploma or its
3-17 equivalent or have passed an Ability to Benefit from Training
3-18 examination [completed the seventh grade or its equivalent], and
3-19 have the necessary requisites as determined by the commission in
3-20 the facialist specialty.
3-21 SECTION 8. Section 21, Chapter 1036, Acts of the 62nd
3-22 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-23 Civil Statutes), is amended to read as follows:
3-24 Sec. 21. [Private] beauty culture school license;
3-25 application; refund policy. (a) A person holding a [private]
3-26 beauty culture school license may maintain an establishment in
3-27 which any practice of cosmetology is taught.
4-1 (b) An applicant for a [private] beauty culture school
4-2 license must submit an application on a form prescribed by the
4-3 commission. Each application must be verified by the applicant and
4-4 must contain:
4-5 (1) a detailed floor plan of the school building
4-6 divided into two separate areas, one for instruction in theory and
4-7 one clinic work area; and
4-8 (2) a statement that the building is fireproof and of
4-9 permanent type construction, contains a minimum of 3,500 square
4-10 feet of floor space, with separate restrooms for male and female
4-11 students, and contains or will contain before classes commence the
4-12 equipment established by rule of the commission as sufficient to
4-13 properly instruct a minimum of 50 students.
4-14 (c) The commission shall determine that an applicant for a
4-15 [private] beauty culture school license is financially sound and
4-16 capable of fulfilling the school's commitments for training before
4-17 granting the license.
4-18 (d) Each application for a [private] beauty culture school
4-19 license must be accompanied by payment of a $500 license fee and a
4-20 $200 inspection fee. Each application for certification as a
4-21 public secondary or public postsecondary beauty culture school must
4-22 be accompanied by a $200 inspection fee. The inspection fee is
4-23 charged for each inspection trip required before approval of the
4-24 license or certificate.
4-25 (e) The facilities of each applicant shall be inspected.
4-26 The applicant is entitled to a [private] beauty culture school
4-27 license if the inspection shows that this Act and the rules of the
5-1 commission have been met and the applicant has not committed an act
5-2 that constitutes a ground for denial of a license.
5-3 (f) Each holder of a [private] beauty culture school license
5-4 must maintain a cancellation and settlement policy that provides a
5-5 full refund of all money paid by a student if:
5-6 (1) the student cancels the enrollment agreement or
5-7 contract not later than midnight of the third day after the date on
5-8 which the agreement or contract is signed by the prospective
5-9 student, excluding Saturdays, Sundays, and legal holidays; or
5-10 (2) the enrollment of the student was procured as a
5-11 result of a misrepresentation made in the advertising or
5-12 promotional materials of the school or a representation by an owner
5-13 or representative of the school.
5-14 (g) Each holder of a [private] beauty culture school license
5-15 must maintain a refund policy for the refund of the unused part of
5-16 tuition, fees, and other charges assessed a student if the student,
5-17 at the expiration of the cancellation period established under
5-18 Subsection (f) of this section, fails to enter the course of
5-19 training, withdraws from the course of training, or is terminated
5-20 from the course of training before completion of the course. The
5-21 refund policy must provide that:
5-22 (1) a refund is based on the period of the student's
5-23 enrollment, computed on the basis of course time expressed in clock
5-24 hours;
5-25 (2) the effective date of the termination for refund
5-26 purposes is the earliest of:
5-27 (A) the last date of attendance, if the student
6-1 is terminated by the school;
6-2 (B) the date of receipt by the license holder of
6-3 written notice of withdrawal by the student; or
6-4 (C) 10 school days after the last date of
6-5 attendance; and
6-6 (3) if tuition is collected before beginning the
6-7 course of training and if, after the expiration of the cancellation
6-8 period, the student does not begin the course of training, the
6-9 school may retain not more than $100.
6-10 (h) If a student who begins a course of training that is
6-11 scheduled to run not more than 12 months withdraws from the course
6-12 or is terminated from the course by the school, the [private]
6-13 beauty culture school may retain 100 percent of the tuition and
6-14 fees paid by that student and is not obligated to refund any
6-15 additional outstanding tuition if the student withdraws or is
6-16 terminated during the last 50 percent of the course. If the
6-17 student withdraws or is terminated before the last 50 percent of
6-18 the course begins, the school shall refund the following
6-19 percentages of any outstanding tuition:
6-20 (1) for withdrawal or termination occurring during the
6-21 first week or first one-tenth of the course, whichever is less, 90
6-22 percent;
6-23 (2) for withdrawal or termination occurring after the
6-24 first week or first one-tenth of the course, whichever is less, but
6-25 within the first three weeks of the course, 80 percent;
6-26 (3) for withdrawal or termination occurring after the
6-27 first three weeks of the course but not later than the completion
7-1 of the first 25 percent of the course, 75 percent; and
7-2 (4) for withdrawal or termination occurring not later
7-3 than the completion of the second 25 percent of the course, 50
7-4 percent.
7-5 (i) For students voluntarily withdrawing or terminating
7-6 after 50 percent of the course has been completed, the school must
7-7 allow that student to reenter at any time during the 48-month
7-8 period following the date of withdrawal or termination.
7-9 (j) A refund owed under this section must be paid not later
7-10 than the 30th day after the date on which the student becomes
7-11 eligible for the refund.
7-12 (k) If a refund is not made within the period required by
7-13 this section, the school shall pay interest on the refund for the
7-14 interval beginning with the first day following the expiration of
7-15 the refund period and ending with the day immediately preceding the
7-16 date the refund is made. If the refund is made to a lending
7-17 institution, the interest shall also be paid to that institution
7-18 and applied against the student's loan. The commissioner of
7-19 education annually shall establish the level of interest at a level
7-20 sufficient to provide a deterrent to the retention of student
7-21 funds. The commission may exempt a school from the payment of the
7-22 interest if the school makes a good faith effort to refund the
7-23 tuition but is unable to locate the student. The school shall
7-24 provide to the commission on request documentation of the effort to
7-25 locate the student.
7-26 (l) A [private] beauty culture school shall record a grade
7-27 of "incomplete" for a student who withdraws but is not entitled to
8-1 a refund under Subsection (h) of this section if the student
8-2 requests the grade at the time the student withdraws and if the
8-3 student withdraws for an appropriate reason unrelated to the
8-4 student's academic status. A student who receives a grade of
8-5 incomplete may re-enroll in the program during the 48-month period
8-6 following the date the student withdraws and complete those
8-7 incomplete subjects without payment of additional tuition.
8-8 SECTION 9. Sections 21A(a), (d), (e), (f), (i), (k), and
8-9 (l), Chapter 1036, Acts of the 62nd Legislature, Regular Session,
8-10 1971 (Article 8451a, Vernon's Texas Civil Statutes), are amended to
8-11 read as follows:
8-12 (a) In addition to the bond requirements imposed under
8-13 Section 21(c) of this Act, at the time that each [private] beauty
8-14 culture school pays its annual renewal fee, in the years provided
8-15 by Subsection (c) of this section, the commission shall also
8-16 collect a fee from the school for deposit in a special fund
8-17 established in the state treasury called the [private] beauty
8-18 culture school tuition protection fund.
8-19 (d) The comptroller [state treasurer] shall invest the fund
8-20 in the same manner as other state funds. Sufficient funds from the
8-21 tuition protection fund shall be appropriated to the commission for
8-22 the purpose outlined in this section. The commission shall
8-23 administer claims made against the fund.
8-24 (e) If a school closes, the commission shall attempt to
8-25 arrange for students of the closed school to attend another
8-26 [private] beauty culture school.
8-27 (f) The expense incurred by a [private] beauty culture
9-1 school in providing training that is directly related to educating
9-2 a student who was enrolled in a closed school and placed in the
9-3 school under this section, including the applicable tuition for the
9-4 period of time for which the student has paid tuition, shall be
9-5 paid from the [private] beauty culture school tuition protection
9-6 fund.
9-7 (i) Refunds shall be paid from the [private] beauty culture
9-8 school tuition protection fund in an amount not to exceed $35,000.
9-9 (k) Attorney fees, court costs, or damages may not be paid
9-10 from the [private] beauty culture school tuition protection fund.
9-11 (l) Section 403.094(h), Government Code, does not apply to
9-12 the [private] beauty culture school tuition protection fund.
9-13 SECTION 10. Section 21B, Chapter 1036, Acts of the 62nd
9-14 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
9-15 Civil Statutes), is amended to read as follows:
9-16 Sec. 21B. COURSE LENGTH AND CURRICULUM OF [PRIVATE] BEAUTY
9-17 CULTURE SCHOOL. (a) A [private] beauty culture school must submit
9-18 to the commission for approval the course lengths and curriculum
9-19 content for each course offered by the school. The course lengths
9-20 and content may not be implemented unless the commission approves
9-21 them. The course lengths and content shall reasonably ensure that
9-22 students develop the job skills and knowledge necessary for
9-23 employment.
9-24 (b) The commission shall require a school to account fully
9-25 for all curriculum contents and course lengths before issuing or
9-26 renewing a license, and a school that is manipulating course
9-27 lengths below or above industry standards shall be placed on
10-1 probation until justification for the deviation is proved or the
10-2 practice ceases.
10-3 SECTION 11. Section 22, Chapter 1036, Acts of the 62nd
10-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
10-5 Civil Statutes), is amended to read as follows:
10-6 Sec. 22. [Private] Beauty Culture Schools. (a) The holder
10-7 of a [private] beauty culture school license shall:
10-8 (1) maintain a sanitary establishment;
10-9 (2) maintain on its staff and on duty during business
10-10 hours one full-time instructor licensed under this Act for each 25
10-11 students in attendance;
10-12 (3) maintain a daily record of attendance of students;
10-13 (4) establish regular class and instruction hours and
10-14 grades, and hold examinations before issuing diplomas;
10-15 (5) require a school term of not less than nine months
10-16 and not less than 1,500 hours instruction for a complete course in
10-17 cosmetology;
10-18 (6) require a school term of not less than 600 hours
10-19 instruction for a complete course in manicuring;
10-20 (7) require no student to work or be instructed or
10-21 receive credit for more than 48 hours of instruction in any one
10-22 calendar week;
10-23 (8) maintain a copy of its curriculum in a conspicuous
10-24 [conspicious] place and verify that this curriculum is being
10-25 followed as to subject matter being taught; and
10-26 (9) submit to the executive director the name of each
10-27 student within 10 days after enrollment in the school and notify
11-1 the executive director of the withdrawal or graduation of a student
11-2 within 10 days of the withdrawal or graduation.
11-3 (b) Each holder of a [private] beauty culture school license
11-4 shall furnish to the commission:
11-5 (1) the current course completion rates of students
11-6 who attend a course of instruction offered by the school; and
11-7 (2) job placement rates and employment rates of
11-8 students who complete a course of instruction.
11-9 (c) On the graduation of a student from a course of training
11-10 offered by a [private] beauty culture school or the student's
11-11 withdrawal or transfer from a course of training without completion
11-12 of the training, the [private] beauty culture school shall send the
11-13 commission a certified written copy of the student's record,
11-14 indicating all course hours completed by the student and whether
11-15 the agreed tuition has been paid.
11-16 (d) A holder of a [private] beauty culture school license
11-17 shall furnish each prospective student with:
11-18 (1) a copy of the course outline;
11-19 (2) a schedule of the tuition and other fees assessed;
11-20 (3) the refund policy required under Section 21 of
11-21 this Act;
11-22 (4) school regulations relating to absences;
11-23 (5) the school grading policy;
11-24 (6) the school rules of operation and conduct;
11-25 (7) school regulations relating to incomplete grades;
11-26 (8) the name, mailing address, and telephone number of
11-27 the commission for the purpose of directing complaints to the
12-1 commission; and
12-2 (9) the current rates of job placement and employment
12-3 of students who complete a course of training.
12-4 (e) A holder of a [private] beauty culture school license
12-5 shall publish in its catalogue and enrollment contract a
12-6 description of the refund policy required under Section 21 of this
12-7 Act.
12-8 (f) If the commission has reasonable cause to believe that a
12-9 [private] beauty culture school has violated this Act or a rule
12-10 adopted under this Act, the commission may order a peer review of
12-11 the school or suspend the admission of students to the school. A
12-12 peer review ordered under this subsection shall be conducted by a
12-13 peer review team composed of knowledgeable persons selected by the
12-14 commission. The commission shall attempt to provide a balance on
12-15 each team between members assigned to the team who are from this
12-16 state and those who are from other states. The team shall provide
12-17 the commission with an objective assessment of the content of the
12-18 school's curriculum and its application. The school under review
12-19 shall pay the costs of the peer review.
12-20 (g) A [private] beauty culture school that violates this Act
12-21 or a rule adopted under this Act is liable for a civil penalty in
12-22 addition to any injunctive relief or other remedy provided by law.
12-23 The civil penalty may not exceed $1,000 a day for each violation.
12-24 The attorney general, at the request of the commission, may bring a
12-25 civil action to collect a civil penalty under this subsection.
12-26 Civil penalties recovered in a suit brought under this subsection
12-27 shall be deposited in the state treasury to the credit of the
13-1 General Revenue Fund.
13-2 SECTION 12. Section 23, Chapter 1036, Acts of the 62nd
13-3 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
13-4 Civil Statutes), is amended to read as follows:
13-5 Sec. 23. Transfer of Hours of Instruction. Any student of a
13-6 [private] beauty culture school or a vocational cosmetology program
13-7 in a public school may transfer completed hours of instruction to a
13-8 [private] beauty culture school or vocational cosmetology program
13-9 in a public school in this state. A transcript showing the number
13-10 and courses of completed hours certified by the school in which the
13-11 instruction was given must be submitted to the executive director.
13-12 In evaluating the student's transcript, the executive director
13-13 shall determine whether the agreed tuition has been paid. If the
13-14 tuition has not been paid, the executive director shall notify the
13-15 student that his or her transcript cannot be certified to the
13-16 school to which the student desires a transfer until proof of paid
13-17 tuition is provided. On evaluation and approval, the executive
13-18 director shall certify in writing to the student and to the school
13-19 to which the student desires a transfer that the stated hours and
13-20 courses have been successfully completed and that the student is
13-21 not required to repeat the instructions.
13-22 SECTION 13. Section 25, Chapter 1036, Acts of the 62nd
13-23 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
13-24 Civil Statutes), is amended to read as follows:
13-25 Sec. 25. [Private] Beauty Culture Schools and Beauty Shops.
13-26 Beauty [Private beauty] culture schools, beauty shops, or specialty
13-27 shops may not be conducted in the same quarters or on the same
14-1 premises unless they are separated by walls of permanent
14-2 construction with no openings in them.
14-3 SECTION 14. Section 26(a), Chapter 1036, Acts of the 62nd
14-4 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
14-5 Civil Statutes), is amended to read as follows:
14-6 (a) A [private] beauty culture school may not employ a
14-7 person holding an operator or manicurist license or a specialty
14-8 certificate solely to perform the practices of cosmetology for
14-9 which the person is licensed or certified or employ a person
14-10 holding an instructor license to perform any acts or practices of
14-11 cosmetology.
14-12 SECTION 15. Section 32(b), Chapter 1036, Acts of the 62nd
14-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
14-14 Civil Statutes), is amended to read as follows:
14-15 (b) A person holding a beauty or specialty shop license, a
14-16 [private] beauty culture school license, or a license to operate a
14-17 vocational cosmetology program in a public school may not employ
14-18 any person to perform any practice or practices of cosmetology
14-19 knowing that the licensee is suffering from an infectious or
14-20 contagious disease.
14-21 SECTION 16. Sections 33(a), (e), and (h), Chapter 1036, Acts
14-22 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
14-23 Vernon's Texas Civil Statutes), are amended to read as follows:
14-24 (a) Except as provided by Subsection (d) of this section,
14-25 all licenses and certificates issued under this Act, except
14-26 temporary and [private] beauty culture school licenses, expire on
14-27 the first anniversary of [two years from] the date of issue.
15-1 (e) A license that has been expired for less than 90 [30]
15-2 days may be renewed. A renewal license shall be issued on
15-3 submission of a completed application form prescribed by the
15-4 commission and payment of the renewal fee, plus a $10 delinquency
15-5 fee.
15-6 (h) A [private] beauty culture school license that has been
15-7 expired for more than 90 [30] days may not be renewed. The
15-8 licensee may apply for an original license under the current
15-9 requirements and fees. The commission may not accept credit hours
15-10 for examination after the 30th day of expiration of a license
15-11 subject to this subsection.
15-12 SECTION 17. Chapter 1036, Acts of the 62nd Legislature,
15-13 Regular Session, 1971 (Article 8451a, Vernon's Texas Civil
15-14 Statutes), is amended by adding Section 33A to read as follows:
15-15 Sec. 33A. INACTIVE STATUS. (a) A person who holds a
15-16 license under this Act and who is not actively engaged in the
15-17 activities for which the person is licensed may apply to the
15-18 commission in writing to be placed on inactive status. A person
15-19 must apply for inactive status before the expiration of the
15-20 person's license.
15-21 (b) A person must pay an annual inactive status fee of $20
15-22 during the time the person is on inactive status.
15-23 (c) A person on inactive status may not perform any activity
15-24 regulated under this Act.
15-25 (d) A person on inactive status must meet the continuing
15-26 education requirements of this Act while the person is on inactive
15-27 status.
16-1 (e) A person on inactive status must notify the commission
16-2 in writing in order to reenter active practice. On determination
16-3 by the commission that the person has complied with the
16-4 requirements of this section for inactive status and on payment of
16-5 the appropriate license renewal fee, the commission shall remove
16-6 the person from inactive status and place the person on active
16-7 status.
16-8 SECTION 18. Section 34(a), Chapter 1036, Acts of the 62nd
16-9 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
16-10 Civil Statutes), is amended to read as follows:
16-11 (a) Renewal fees under this Act are:
16-12 (1) Operator or specialty license $35;
16-13 (2) Instructor license $50;
16-14 (3) Manicurist license $35;
16-15 (4) Beauty [Private beauty] school license $200 per
16-16 year; and
16-17 (5) Beauty or specialty shop license $45.
16-18 SECTION 19. (a) This Act takes effect September 1, 1997.
16-19 (b) Section 21C, Chapter 1036, Acts of the 62nd Legislature,
16-20 Regular Session, 1971 (Article 8451a, Vernon's Texas Civil
16-21 Statutes), is repealed.
16-22 SECTION 20. The importance of this legislation and the
16-23 crowded condition of the calendars in both houses create an
16-24 emergency and an imperative public necessity that the
16-25 constitutional rule requiring bills to be read on three several
16-26 days in each house be suspended, and this rule is hereby suspended.