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.