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.
2-25 * * * * *