By: Madla S.B. No. 447
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the practice of barbering.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (c), Section 3, Chapter 65, Acts of
1-4 the 41st Legislature, 1st Called Session, 1929 (Article 8407a,
1-5 Vernon's Texas Civil Statutes), is amended to read as follows:
1-6 (c) The board shall issue a barber shop permit to an
1-7 applicant who holds a valid class A barber license and whose shop
1-8 meets the minimum health standards for barber shops as promulgated
1-9 by the board [Texas Department of Health] and all other rules and
1-10 regulations of the board.
1-11 SECTION 2. Subsection (c), Section 15A, Chapter 65, Acts of
1-12 the 41st Legislature, 1st Called Session, 1929 (Article 8407a,
1-13 Vernon's Texas Civil Statutes), is amended to read as follows:
1-14 (c) The board shall issue a permanent manicurist specialty
1-15 shop permit to an applicant who holds a valid manicurist license
1-16 and whose shop meets:
1-17 (1) the minimum health standards required by the board
1-18 [Texas Department of Health] for manicurist specialty shops, as
1-19 determined by a board inspection; and
1-20 (2) any additional requirements imposed by board rule.
1-21 SECTION 3. Subsection (c), Section 18, Chapter 65, Acts of
1-22 the 41st Legislature, 1st Called Session, 1929 (Article 8407a,
1-23 Vernon's Texas Civil Statutes), is amended to read as follows:
2-1 (c) The board shall issue a permanent wig specialty shop
2-2 permit to an applicant who holds a valid wig specialist license and
2-3 whose shop meets:
2-4 (1) the minimum health standards required by the board
2-5 [Texas Department of Health] for wig specialty shops, as determined
2-6 by a board inspection; and
2-7 (2) any additional requirements imposed by board rule.
2-8 SECTION 4. Subsection (a), Section 28, Chapter 65, Acts of
2-9 the 41st Legislature, 1st Called Session, 1929 (Article 8407a,
2-10 Vernon's Texas Civil Statutes), is amended to read as follows:
2-11 (a) The board [Texas Board of Health] shall make, establish
2-12 and promulgate reasonable sanitary rules and regulations for the
2-13 conduct of barber shops, specialty shops, and barber schools. The
2-14 board [State Board of Barber Examiners, by and through the Texas
2-15 Department of Health,] shall have authority, and it is made its
2-16 duty to enter upon the premises of all barber shops, specialty
2-17 shops, barber schools, or any place at which the board [State Board
2-18 of Barber Examiners] has probable cause to believe that any of its
2-19 certificate holders or licensees are practicing illegally and
2-20 inspect same at any time during business hours. On receipt of a
2-21 formal written complaint by any person that a person who holds a
2-22 barber or teacher certificate or license or a barber school, barber
2-23 college, or barber shop permit issued by the board [State Board of
2-24 Barber Examiners] has violated this Act, that board may inspect the
2-25 premises of the licensee or certificate holder to investigate the
3-1 complaint at any time during business hours. A copy of such
3-2 sanitary rules and regulations adopted by the board [Texas Board of
3-3 Health] shall be provided by [furnished to] the executive director
3-4 of the board [State Board of Barber Examiners who shall in turn
3-5 forward] to each barber, barber school or licensee of the board [a
3-6 copy of such rules and regulations]. A copy of the sanitary rules
3-7 and regulations promulgated and adopted by the board [Texas Board
3-8 of Health] shall be posted in barber shops, specialty shops, and
3-9 barber schools in this State. The board [Subject only to the
3-10 authority of the Texas Board of Health to make and promulgate
3-11 reasonable rules and regulations as to sanitation, the State Board
3-12 of Barber Examiners] shall have full authority and power to make
3-13 and enforce all rules and regulations necessary for the performance
3-14 of its duties, to establish standards of conduct and ethics for all
3-15 persons licensed or practicing under the provisions of this Act,
3-16 and to regulate the practice and teaching of barbering in all of
3-17 its particulars in keeping with the purposes and intent of this Act
3-18 or to insure strict compliance with and enforcement of this Act.
3-19 SECTION 5. (a) This Act takes effect September 1, 1997.
3-20 (b) The State Board of Barber Examiners shall adopt rules
3-21 under this Act not later than September 1, 1998.
3-22 (c) A rule adopted by the Texas Board of Health or the Texas
3-23 Department of Health under Chapter 65, Acts of the 41st
3-24 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
3-25 Texas Civil Statutes), that is in effect on the effective date of
4-1 this Act, shall remain in effect as a rule of the State Board of
4-2 Barber Examiners until adopted or superseded by a new rule adopted
4-3 by the State Board of Barber Examiners.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.