1-1           By:  Madla                                       S.B. No. 447

 1-2           (In the Senate - Filed February 5, 1997; February 6, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     February 17, 1997, reported favorably by the following vote:  Yeas

 1-5     13, Nays 0; February 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the practice of barbering.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Subsection (c), Section 3, Chapter 65, Acts of

1-11     the 41st Legislature, 1st Called Session, 1929 (Article 8407a,

1-12     Vernon's Texas Civil Statutes), is amended to read as follows:

1-13           (c)  The board shall issue a barber shop permit to an

1-14     applicant who holds a valid class A barber license and whose shop

1-15     meets the minimum health standards for barber shops as promulgated

1-16     by the board [Texas Department of Health] and all other rules and

1-17     regulations of the board.

1-18           SECTION 2.  Subsection (c), Section 15A, Chapter 65, Acts of

1-19     the 41st Legislature, 1st Called Session, 1929 (Article 8407a,

1-20     Vernon's Texas Civil Statutes), is amended to read as follows:

1-21           (c)  The board shall issue a permanent manicurist specialty

1-22     shop permit to an applicant who holds a valid manicurist license

1-23     and whose shop meets:

1-24                 (1)  the minimum health standards required by the board

1-25     [Texas Department of Health] for manicurist specialty shops, as

1-26     determined by a board inspection; and

1-27                 (2)  any additional requirements imposed by board rule.

1-28           SECTION 3.  Subsection (c), Section 18, Chapter 65, Acts of

1-29     the 41st Legislature, 1st Called Session, 1929 (Article 8407a,

1-30     Vernon's Texas Civil Statutes), is amended to read as follows:

1-31           (c)  The board shall issue a permanent wig specialty shop

1-32     permit to an applicant who holds a valid wig specialist license and

1-33     whose shop meets:

1-34                 (1)  the minimum health standards required by the board

1-35     [Texas Department of Health] for wig specialty shops, as determined

1-36     by a board inspection; and

1-37                 (2)  any additional requirements imposed by board rule.

1-38           SECTION 4.  Subsection (a), Section 28, Chapter 65, Acts of

1-39     the 41st Legislature, 1st Called Session, 1929 (Article 8407a,

1-40     Vernon's Texas Civil Statutes), is amended to read as follows:

1-41           (a)  The board [Texas Board of Health] shall make, establish

1-42     and promulgate reasonable sanitary rules and regulations for the

1-43     conduct of barber shops, specialty shops, and barber schools.  The

1-44     board [State Board of Barber Examiners, by and through the Texas

1-45     Department of Health,] shall have authority, and it is made its

1-46     duty to enter upon the premises of all barber shops, specialty

1-47     shops, barber schools, or any place at which the board [State Board

1-48     of Barber Examiners] has probable cause to believe that any of its

1-49     certificate holders or licensees are practicing illegally and

1-50     inspect same at any time during business hours.  On receipt of a

1-51     formal written complaint by any person that a person who holds a

1-52     barber or teacher certificate or license or a barber school, barber

1-53     college, or barber shop permit issued by the board [State Board of

1-54     Barber Examiners] has violated this Act, that board may inspect the

1-55     premises of the licensee or certificate holder to investigate the

1-56     complaint at any time during business hours.  A copy of such

1-57     sanitary rules and regulations adopted by the board [Texas Board of

1-58     Health] shall be provided by [furnished to] the executive director

1-59     of the board [State Board of Barber Examiners who shall in turn

1-60     forward] to each barber, barber school or licensee of the board [a

1-61     copy of such rules and regulations].  A copy of the sanitary rules

1-62     and regulations promulgated and adopted by the board [Texas Board

1-63     of Health] shall be posted in barber shops, specialty shops, and

1-64     barber schools in this State.  The board [Subject only to the

 2-1     authority of the Texas Board of Health to make and promulgate

 2-2     reasonable rules and regulations as to sanitation, the State Board

 2-3     of Barber Examiners] shall have full authority and power to make

 2-4     and enforce all rules and regulations necessary for the performance

 2-5     of its duties, to establish standards of conduct and ethics for all

 2-6     persons licensed or practicing under the provisions of this Act,

 2-7     and to regulate the practice and teaching of barbering in all of

 2-8     its particulars in keeping with the purposes and intent of this Act

 2-9     or to insure strict compliance with and enforcement of this Act.

2-10           SECTION 5.  (a) This Act takes effect September 1, 1997.

2-11           (b)  The State Board of Barber Examiners shall adopt rules

2-12     under this Act not later than September 1, 1998.

2-13           (c)  A rule adopted by the Texas Board of Health or the Texas

2-14     Department of Health under Chapter 65, Acts of the 41st

2-15     Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

2-16     Texas Civil Statutes), that is in effect on the effective date of

2-17     this Act, shall remain in effect as a rule of the State Board of

2-18     Barber Examiners until adopted or superseded by a new rule adopted

2-19     by the State Board of Barber Examiners.

2-20           SECTION 6.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.

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