By Madla                                         S.B. No. 447

      75R4104 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the practice of barbering.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 3(c), Chapter 65, Acts of the 41st

 1-5     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

 1-6     Texas Civil Statutes), is amended to read as follows:

 1-7           (c)  The board shall issue a barber shop permit to an

 1-8     applicant who holds a valid class A barber license and whose shop

 1-9     meets the minimum health standards for barber shops as promulgated

1-10     by the board [Texas Department of Health] and all other rules and

1-11     regulations of the board.

1-12           SECTION 2.  Section 15A(c), Chapter 65, Acts of the 41st

1-13     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

1-14     Texas Civil Statutes), is amended to read as follows:

1-15           (c)  The board shall issue a permanent manicurist specialty

1-16     shop permit to an applicant who holds a valid manicurist license

1-17     and whose shop meets:

1-18                 (1)  the minimum health standards required by the board

1-19     [Texas Department of Health] for manicurist specialty shops, as

1-20     determined by a board inspection; and

1-21                 (2)  any additional requirements imposed by board rule.

1-22           SECTION 3.  Section 18(c), Chapter 65, Acts of the 41st

1-23     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

1-24     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.  Section 28(a), Chapter 65, Acts of the 41st

 2-9     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

2-10     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

2-26     complaint at any time during business hours.  A copy of such

2-27     sanitary rules and regulations adopted by the board [Texas Board of

 3-1     Health] shall  be provided by [furnished to] the executive director

 3-2     of the board [State Board of Barber Examiners who shall in turn

 3-3     forward] to each barber, barber school or licensee of the board [a

 3-4     copy of such rules and regulations].  A copy of the sanitary rules

 3-5     and regulations promulgated and adopted by the board [Texas Board

 3-6     of Health] shall be posted in barber shops, specialty shops, and

 3-7     barber schools in this State.  The board [Subject only to the

 3-8     authority of the Texas Board of Health to make and promulgate

 3-9     reasonable rules and regulations as to sanitation, the State Board

3-10     of Barber Examiners] shall have full authority and power to make

3-11     and enforce all rules and regulations necessary for the performance

3-12     of its duties, to establish standards of conduct and ethics for all

3-13     persons licensed or practicing under the provisions of this Act,

3-14     and to regulate the practice and teaching of barbering in all of

3-15     its particulars in keeping with the purposes and intent of this Act

3-16     or to insure strict compliance with and enforcement of this Act.

3-17           SECTION 5.  (a) This Act takes effect September 1, 1997.

3-18           (b)  The State Board of Barber Examiners shall adopt rules

3-19     under this Act not later than September 1, 1998.

3-20           (c)  A rule adopted by the Texas Board of Health or the Texas

3-21     Department of Health under Chapter 65, Acts of the 41st

3-22     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

3-23     Texas Civil Statutes), that is in effect on the effective date of

3-24     this Act, shall remain in effect as a rule of the State Board of

3-25     Barber Examiners until adopted or superseded by a new rule adopted

3-26     by the State Board of Barber Examiners.

3-27           SECTION 6.  The importance of this legislation and the

 4-1     crowded condition of the calendars in both houses create an

 4-2     emergency and an imperative public necessity that the

 4-3     constitutional rule requiring bills to be read on three several

 4-4     days in each house be suspended, and this rule is hereby suspended.