By Duncan S.B. No. 719
75R4948 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of barbers and cosmetologists under the
1-3 Texas Board of Barber and Cosmetologist Examiners and the abolition
1-4 of the State Board of Barber Examiners and the Texas Cosmetology
1-5 Commission.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-8 Article 8475 to read as follows:
1-9 Art. 8475. TEXAS BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Barber" means a person licensed as a barber under
1-12 Chapter 65, Acts of the 41st Legislature, 1st Called Session, 1929
1-13 (Article 8407a, Vernon's Texas Civil Statutes).
1-14 (2) "Board" means the Texas Board of Barber and
1-15 Cosmetologist Examiners.
1-16 (3) "Cosmetologist" means a person licensed as a
1-17 cosmetologist under Chapter 1036, Acts of the 62nd Legislature,
1-18 Regular Session, 1971 (Article 8451a, Vernon's Texas Civil
1-19 Statutes).
1-20 Sec. 2. BOARD. (a) The Texas Board of Barber and
1-21 Cosmetologist Examiners is composed of nine members appointed by
1-22 the governor. Board members serve staggered six-year terms, with
1-23 the terms of three members expiring on February 1 of each
1-24 odd-numbered year.
2-1 (b) The members of the board are appointed as follows:
2-2 (1) three members must be licensed barbers, one of
2-3 whom must be a practicing barber, one of whom must be the owner of
2-4 a barber shop, and one of whom must be the owner of a barber school
2-5 or college;
2-6 (2) three members must be licensed cosmetologists, one
2-7 of whom must be a practicing cosmetologist, one of whom must be the
2-8 owner of a beauty or specialty shop, and one of whom must be the
2-9 owner of a private beauty culture school; and
2-10 (3) three members must be representatives of the
2-11 general public.
2-12 (c) For the purposes of Section 5(d) of this article only,
2-13 the agency administrator of the Texas Workforce Commission or that
2-14 official's designee is an ex officio member of the board with
2-15 voting privileges.
2-16 (d) A person is not eligible for appointment as a public
2-17 member of the board if the person or the person's spouse:
2-18 (1) is registered, certified, or licensed by an
2-19 occupational regulatory agency in the field of barbering or
2-20 cosmetology;
2-21 (2) is employed by or participates in the management
2-22 of a business entity or other organization regulated by the board
2-23 or receiving funds from the board;
2-24 (3) owns or controls, directly or indirectly, more
2-25 than a 10 percent interest in a business entity or other
2-26 organization regulated by the board or receiving funds from the
2-27 board; or
3-1 (4) uses or receives a substantial amount of tangible
3-2 goods, services, or funds from the board, other than compensation
3-3 or reimbursement authorized by law for board membership,
3-4 attendance, or expenses.
3-5 (e) An officer, employee, or paid consultant of a Texas
3-6 trade association in the field of barbering or cosmetology may not
3-7 be a member of the board and may not be an employee of the board
3-8 who is exempt from the state's position classification plan or is
3-9 compensated at or above the amount prescribed by the General
3-10 Appropriations Act for step 1, salary group 17, of the position
3-11 classification salary schedule.
3-12 (f) A person who is the spouse of an officer, manager, or
3-13 paid consultant of a Texas trade association in the field of
3-14 barbering or cosmetology may not be a member of the board and may
3-15 not be an employee of the board who is exempt from the state's
3-16 position classification plan or is compensated at or above the
3-17 amount prescribed by the General Appropriations Act for step 1,
3-18 salary group 17, of the position classification salary schedule.
3-19 (g) For the purposes of this section, a Texas trade
3-20 association is a nonprofit, cooperative, and voluntarily joined
3-21 association of business or professional competitors in this state
3-22 designed to assist its members and its industry or profession in
3-23 dealing with mutual business or professional problems and in
3-24 promoting their common interest.
3-25 (h) A vacancy on the board shall be filled by appointment
3-26 by the governor of a person with the appropriate qualifications to
3-27 serve for the remainder of the term.
4-1 (i) Appointments to the board shall be made without regard
4-2 to the race, color, disability, sex, religion, age, or national
4-3 origin of the appointees.
4-4 (j) The Texas Board of Barber and Cosmetologist Examiners is
4-5 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-6 continued in existence as provided by that chapter, the board is
4-7 abolished and this article, Chapter 65, Acts of the 41st
4-8 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
4-9 Texas Civil Statutes), and Chapter 1036, Acts of the 62nd
4-10 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-11 Civil Statutes), expire September 1, 2009.
4-12 Sec. 3. GROUNDS FOR REMOVAL. (a) It is a ground for
4-13 removal from the board if a member:
4-14 (1) does not have at the time of appointment the
4-15 qualifications required by Section 2 of this article;
4-16 (2) does not maintain during service on the board the
4-17 qualifications required by Section 2 of this article;
4-18 (3) violates a prohibition established by this section
4-19 or Section 6 of this article;
4-20 (4) cannot because of illness or disability discharge
4-21 the member's duties for a substantial part of the term for which
4-22 the member is appointed; or
4-23 (5) is absent from more than half of the regularly
4-24 scheduled board meetings that the member is eligible to attend
4-25 during a calendar year unless the absence is excused by majority
4-26 vote of the board.
4-27 (b) The validity of an action of the board is not affected
5-1 by the fact that it is taken when a ground for removal of a board
5-2 member exists.
5-3 (c) If the executive director has knowledge that a potential
5-4 ground for removal exists, the executive director shall notify the
5-5 presiding officer of the potential ground. The presiding officer
5-6 shall then notify the governor and the attorney general that a
5-7 potential ground for removal exists. If the potential ground for
5-8 removal involves the presiding officer, the executive director
5-9 shall notify the next highest officer of the board, who shall
5-10 notify the governor and the attorney general that a potential
5-11 ground for removal exists.
5-12 Sec. 4. OFFICERS; MEETINGS. (a) The board shall elect
5-13 annually from the membership of the board a presiding officer,
5-14 assistant presiding officer, and secretary-treasurer.
5-15 (b) The board shall meet at least annually and at other
5-16 times at the call of the presiding officer.
5-17 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall adopt
5-18 rules consistent with this article for:
5-19 (1) the administration of this article and the
5-20 operation of the board;
5-21 (2) the administration of Chapter 65, Acts of the 41st
5-22 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
5-23 Texas Civil Statutes), subject to Subsection (c) of this section;
5-24 and
5-25 (3) the administration of Chapter 1036, Acts of the
5-26 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
5-27 Texas Civil Statutes), subject to Subsection (d) of this section.
6-1 (b) The board shall adopt application, examination,
6-2 licensing, and renewal fees in amounts that are reasonable and
6-3 necessary to provide sufficient revenue to cover the costs of
6-4 administering the programs under the authority of the board. The
6-5 fees set by the board may be adjusted so that the total fees
6-6 collected are sufficient to meet the expenses of administering the
6-7 board's responsibilities.
6-8 (c) In administering Chapter 65, Acts of the 41st
6-9 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
6-10 Texas Civil Statutes), only the public members and the three barber
6-11 members of the board may adopt rules or participate in disciplinary
6-12 proceedings under this article. The participation of four barber
6-13 and public members is required for a quorum under this subsection.
6-14 (d) In administering Chapter 1036, Acts of the 62nd
6-15 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
6-16 Civil Statutes), only the public members, the ex officio member,
6-17 and the three cosmetologist members may adopt rules or participate
6-18 in disciplinary proceedings under this article. The participation
6-19 of four cosmetologist, public, and ex officio members is required
6-20 for a quorum under this subsection.
6-21 (e) The board may appoint an executive director. The
6-22 executive director may hire other personnel as necessary for the
6-23 administration of this article.
6-24 Sec. 6. CONFLICT OF INTEREST. A person may not serve as a
6-25 member of the board or act as the general counsel to the board if
6-26 the person is required to register as a lobbyist under Chapter 305,
6-27 Government Code, because of the person's activities for
7-1 compensation on behalf of a profession related to the operation of
7-2 the board.
7-3 Sec. 7. ANNUAL FISCAL REPORT. The board shall prepare
7-4 annually a complete and detailed written report accounting for all
7-5 funds received and disbursed by the board during the preceding
7-6 fiscal year. The annual report must meet the reporting
7-7 requirements applicable to financial reporting provided in the
7-8 General Appropriations Act.
7-9 Sec. 8. PERSONNEL POLICIES. (a) The executive director or
7-10 the executive director's designee shall develop an intra-agency
7-11 career ladder program that addresses opportunities for mobility and
7-12 advancement for employees within the board. The program shall
7-13 require intra-agency posting of all positions concurrently with any
7-14 public posting.
7-15 (b) The executive director or the executive director's
7-16 designee shall develop a system of annual performance evaluations
7-17 that are based on documented employee performance. All merit pay
7-18 for board employees must be based on the system established under
7-19 this subsection.
7-20 (c) The board shall develop and implement policies that
7-21 clearly separate the policymaking responsibilities of the board and
7-22 the management responsibilities of the executive director and the
7-23 staff of the board.
7-24 Sec. 9. PUBLIC INTEREST INFORMATION. (a) The board shall
7-25 prepare information of public interest describing the functions of
7-26 the board and the procedures by which complaints are filed with and
7-27 resolved by the board. The board shall make the information
8-1 available to the public and appropriate state agencies.
8-2 (b) The board by rule shall establish methods by which
8-3 consumers and service recipients are notified of the name, mailing
8-4 address, and telephone number of the board for the purpose of
8-5 directing complaints to the board. The board may provide for that
8-6 notification:
8-7 (1) on each registration form, application, or written
8-8 contract for services of a person regulated under this article;
8-9 (2) on a sign prominently displayed in the place of
8-10 business of each person regulated under this article; and
8-11 (3) in a bill for service provided by a person
8-12 regulated under this article.
8-13 (c) The board shall develop materials and programs to
8-14 educate the public concerning the licensing requirements imposed
8-15 under this article, the need of the public to conduct business only
8-16 with a licensed barber or cosmetologist, and the methods for
8-17 reporting unlicensed activity.
8-18 Sec. 10. AGENCY FUNDS. All money paid to the board under
8-19 this article is subject to Subchapter F, Chapter 404, Government
8-20 Code.
8-21 Sec. 11. COMPLAINTS. (a) The board shall keep information
8-22 about each complaint filed with the board. The information shall
8-23 include:
8-24 (1) the date the complaint is received;
8-25 (2) the name of the complainant;
8-26 (3) the subject matter of the complaint;
8-27 (4) a record of all persons contacted in relation to
9-1 the complaint;
9-2 (5) a summary of the results of the review or
9-3 investigation of the complaint; and
9-4 (6) for complaints for which the board did not take
9-5 action, an explanation of the reason the complaint was closed
9-6 without action.
9-7 (b) The board shall keep a file about each written complaint
9-8 filed with the board that the board has authority to resolve. The
9-9 board shall provide to the person filing the complaint and the
9-10 persons or entities complained about the board's policies and
9-11 procedures pertaining to complaint investigation and resolution.
9-12 The board, at least quarterly and until final disposition of the
9-13 complaint, shall notify the person filing the complaint and the
9-14 persons or entities complained about of the status of the complaint
9-15 unless the notice would jeopardize an undercover investigation.
9-16 Sec. 12. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive
9-17 director or the executive director's designee shall prepare and
9-18 maintain a written policy statement to assure implementation of a
9-19 program of equal employment opportunity under which all personnel
9-20 transactions are made without regard to race, color, disability,
9-21 sex, religion, age, or national origin. The policy statement must
9-22 include:
9-23 (1) personnel policies, including policies relating to
9-24 recruitment, evaluation, selection, appointment, training, and
9-25 promotion of personnel that are in compliance with the requirements
9-26 of Chapter 21, Labor Code;
9-27 (2) a comprehensive analysis of the board workforce
10-1 that meets federal and state guidelines;
10-2 (3) procedures by which a determination can be made
10-3 about the extent of underuse in the board workforce of all persons
10-4 for whom federal or state guidelines encourage a more equitable
10-5 balance; and
10-6 (4) reasonable methods to appropriately address those
10-7 areas of underuse.
10-8 (b) A policy statement prepared under Subsection (a) of this
10-9 section must cover an annual period, be updated annually and
10-10 reviewed by the Commission on Human Rights for compliance with
10-11 Subsection (a)(1) of this section, and be filed with the governor's
10-12 office.
10-13 (c) The governor's office shall deliver a biennial report to
10-14 the legislature based on the information received under Subsection
10-15 (b) of this section. The report may be made separately or as a
10-16 part of other biennial reports made to the legislature.
10-17 Sec. 13. STANDARDS OF CONDUCT. The executive director or
10-18 the executive director's designee shall provide to members of the
10-19 board and to board employees, as often as necessary, information
10-20 regarding their qualification for office or employment under this
10-21 article and their responsibilities under applicable laws relating
10-22 to standards of conduct for state officers or employees.
10-23 Sec. 14. PUBLIC ACCESS. (a) The board shall develop and
10-24 implement policies that provide the public with a reasonable
10-25 opportunity to appear before the board and to speak on any issue
10-26 under the jurisdiction of the board.
10-27 (b) The board shall comply with federal and state laws
11-1 related to program and facility accessibility. The executive
11-2 director shall also prepare and maintain a written plan that
11-3 describes how a person who does not speak English can be provided
11-4 reasonable access to the board's programs and services.
11-5 Sec. 15. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. The
11-6 board is subject to Chapter 551, Government Code, and Chapter 2001,
11-7 Government Code.
11-8 Sec. 16. BOARD MEMBER TRAINING. (a) Before a member of the
11-9 board may assume the member's duties and before the member may be
11-10 confirmed by the senate, the member must complete at least one
11-11 course of the training program established under this section.
11-12 (b) A training program established under this section shall
11-13 provide information to the member regarding:
11-14 (1) the enabling legislation that created the board to
11-15 which the member is appointed to serve;
11-16 (2) the programs operated by the board;
11-17 (3) the role and functions of the board;
11-18 (4) the rules of the board, with an emphasis on the
11-19 rules that relate to disciplinary and investigatory authority;
11-20 (5) the current budget for the board;
11-21 (6) the results of the most recent formal audit of the
11-22 board;
11-23 (7) the requirements of the:
11-24 (A) open meetings law, Chapter 551, Government
11-25 Code;
11-26 (B) open records law, Chapter 552, Government
11-27 Code; and
12-1 (C) administrative procedures law, Chapter 2001,
12-2 Government Code;
12-3 (8) the requirements of the conflict of interest laws
12-4 and other laws relating to public officials; and
12-5 (9) any applicable ethics policies adopted by the
12-6 board or the Texas Ethics Commission.
12-7 SECTION 2. Article 8402, Revised Statutes, is amended to
12-8 read as follows:
12-9 Art. 8402. REGISTERING NAME AND LOCATION. (a) Every
12-10 person, firm, or corporation owning, operating or managing a barber
12-11 shop or specialty shop shall register his full name and the
12-12 location of said shop with the Texas [State] Board of Barber and
12-13 Cosmetologist Examiners and must hold a permit for that shop. An
12-14 applicant for a barber shop permit or specialty shop permit must
12-15 submit an application to the [barber] board for the appropriate
12-16 permit.
12-17 (b) In order that the public may fix responsibility for
12-18 services, acts, or treatments performed by a barber [persons]
12-19 licensed by the Texas [State] Board of Barber and Cosmetologist
12-20 Examiners vis-a-vis those performed by a cosmetologist [persons]
12-21 licensed by that board [the Texas Cosmetology Commission], to
12-22 promote the efficient and orderly administration of laws regulating
12-23 barbers and the practice of barbering and the laws regulating
12-24 cosmetologists and the practice of cosmetology, and to avoid
12-25 confusion of the public [as well as avoiding conflicts of
12-26 jurisdiction between such board and commission which might impede
12-27 effective administration or enforcement of the laws under their
13-1 respective jurisdictions]:
13-2 (1) a person licensed as a [by the] barber by the
13-3 board may practice only at a location for which the board has
13-4 issued a barber shop permit, specialty shop permit, barber school
13-5 or college permit, or any other permit[. If the State Board of
13-6 Barber Examiners and the Texas Cosmetology Commission license the
13-7 same facility, the board may not adopt rules restricting or
13-8 prohibiting the practice by a Class A barber, manicurist, or wig
13-9 specialist in the facility]; and
13-10 (2) a person licensed as a cosmetologist by the board
13-11 [cosmetology commission] may practice cosmetology only at a
13-12 location for which the board [commission] has issued a beauty shop
13-13 license, private beauty culture school license, or any other
13-14 license. [If the State Board of Barber Examiners and the Texas
13-15 Cosmetology Commission license the same facility, the commission
13-16 may not adopt rules restricting or prohibiting the practice by a
13-17 cosmetologist in the facility.]
13-18 (c) [If the State Board of Barber Examiners and the Texas
13-19 Cosmetology Commission license the same facility, the agencies may
13-20 not adopt rules requiring:]
13-21 [(1) that the work areas of barbers and cosmetologists
13-22 practicing in the facility be separated;]
13-23 [(2) that the waiting areas for customers of the
13-24 barbers and cosmetologists practicing in the facility be separated;]
13-25 [(3) that the facility have separate restrooms for the
13-26 barbers or cosmetologists practicing in the facility or for the
13-27 customers of the barbers and cosmetologists; or]
14-1 [(4) that the barbers and cosmetologists practicing in
14-2 the facility or the customers of the barbers and cosmetologists be
14-3 treated separately from each other in any similar manner.]
14-4 [(d)] There shall at all times be prominently displayed in
14-5 each shop and salon regulated under this Act[,] a sign in letters
14-6 no smaller than one inch in height, the contents of which shall
14-7 contain the name, mailing address, and telephone number of the
14-8 [regulatory] board [having jurisdiction over those individuals
14-9 licensed under this Act] and [which shall contain] a statement
14-10 informing consumers that complaints against licensees can be
14-11 directed to the [regulatory] board.
14-12 SECTION 3. Section 1, Chapter 65, Acts of the 41st
14-13 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-14 Texas Civil Statutes), is amended to read as follows:
14-15 Sec. 1. It shall be unlawful for any person to engage in the
14-16 practice or attempt to practice barbering in the State of Texas
14-17 without a certificate or registration as a registered barber issued
14-18 pursuant to the provisions of this Act[,] by the Texas Board of
14-19 Barber and Cosmetologist Examiners [hereinafter created].
14-20 SECTION 4. Sections 3(g) and (h), Chapter 65, Acts of the
14-21 41st Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-22 Texas Civil Statutes), are amended to read as follows:
14-23 (g) No person may operate a barber shop unless the shop is
14-24 at all times under the sole and exclusive supervision and
14-25 management of a registered Class A barber[,] and no person is
14-26 practicing on the premises by authority of a cosmetologist [any]
14-27 license, permit, or certificate issued by the board [Texas
15-1 Cosmetology Commission].
15-2 (h) A person operating under a permit who wishes to move his
15-3 operation to another location approved by the board may do so by
15-4 notifying the board 10 [Board of Barber Examiners ten] days before
15-5 he makes the move.
15-6 SECTION 5. Sections 4(a)-(l), Chapter 65, Acts of the 41st
15-7 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
15-8 Texas Civil Statutes), are amended to read as follows:
15-9 (a) "Barber" ["barber"] shall mean any person who
15-10 performs, offers, or attempts to perform any act of barbering,
15-11 professes to do barbering or to be engaged in the practice thereof,
15-12 or who directly or indirectly or in any manner whatsoever
15-13 advertises or holds himself out as a barber or as authorized to
15-14 practice barbering.[;]
15-15 (b) "Barbering," ["barbering,"] "practicing
15-16 barbering," or the "practice of barbering" shall mean the
15-17 performing or doing, or offering or attempting to do or perform,
15-18 any, all or any combination of the following acts, services, works,
15-19 treatments, or undertakings:
15-20 (1) arranging, beautifying, coloring,
15-21 processing, shaving, styling, or trimming the mustache or beard by
15-22 any means or method;
15-23 (2) arranging, beautifying, bleaching,
15-24 cleansing, coloring, curling, dressing, dyeing, processing,
15-25 shampooing, shaping, singeing, straightening, styling, tinting,
15-26 waving, or otherwise treating the hair as primary services,
15-27 treatments, or undertakings by any means or method, including any
16-1 bobbing, clipping, cutting, or trimming of the hair as a necessary
16-2 incident preparatory or ancillary to such primary services;
16-3 (3) cutting the hair as a primary service,
16-4 treatment, or undertaking and not as a necessary incident
16-5 preparatory or ancillary to those primary services enumerated in
16-6 Section 4(b)(2), or primarily engaging in the occupation of cutting
16-7 hair or practicing primarily as a haircutter by cutting hair as a
16-8 separate and independent service, treatment, or undertaking for
16-9 which haircut a charge is made, as such, separate and apart from
16-10 any other service, treatment, or undertaking, directly or
16-11 indirectly, or in any manner whatsoever;
16-12 (4) cleansing, stimulating, or massaging the
16-13 scalp, face, neck, arms, or shoulders by means of the hands,
16-14 devices, apparatuses, or appliances, with or without the use of
16-15 cosmetic preparations, antiseptics, tonics, lotions, or creams;
16-16 (5) beautifying the face, neck, arms, or
16-17 shoulders by the use of cosmetic preparations, antiseptics, tonics,
16-18 lotions, powders, oils, clays, creams, or appliances;
16-19 (6) cutting, trimming, polishing, tinting,
16-20 coloring, cleansing, manicuring, or pedicuring the nails of any
16-21 person or attaching false nails;
16-22 (7) massaging, cleansing, treating, or
16-23 beautifying the hands of any person;
16-24 (8) administering facial treatments;
16-25 (9) hair weaving;
16-26 (10) shampooing or conditioning hair;
16-27 (11) servicing a wig, toupee, or artificial
17-1 hairpiece on a human head or on a block, subsequent to the initial
17-2 retail sale by any of the acts, services, works, treatments, or
17-3 undertakings enumerated in Section 4(b)(2) of this Act;
17-4 (12) advertising or holding out to the public by
17-5 any manner whatsoever that any person is a barber or authorized to
17-6 practice barbering;
17-7 (13) advertising or holding out to the public by
17-8 any manner whatsoever that any location or place of business is a
17-9 barber shop, specialty shop, barber school, barber college, or
17-10 barber salon; and
17-11 (14) receiving any fee, salary, compensation, or
17-12 financial benefit, or the promise of any fee, salary, compensation,
17-13 or financial benefit, for performing, doing, offering, or
17-14 attempting to perform or do any act, work, service, or thing, which
17-15 is any part of the practice of barbering as herein defined.[;]
17-16 (c) "Barber ["barber] shop" or "barber salon" shall
17-17 mean any place where barbering is practiced, offered, or attempted
17-18 to be practiced except when such place is duly licensed as a barber
17-19 school or college.[;]
17-20 (d) "Board" ["board"] shall mean the Texas [State]
17-21 Board of Barber and Cosmetologist Examiners. [as established and
17-22 provided for in the Texas Barber Law;]
17-23 (e) "Certificate" ["certificate"] shall mean a
17-24 certificate of registration issued by the board in accordance with
17-25 the provisions of this Act.[;]
17-26 (f) "License" ["license"] shall mean any license
17-27 issued by the board in accordance with the provisions of this
18-1 Act.[;]
18-2 (g) "Manager" ["manager"] shall mean any person who
18-3 controls or directs the business affairs of a barber shop or
18-4 directs the work of a person employed in a barber shop or both.[;]
18-5 (h) "Manicurist ["manicurist] specialty shop" shall
18-6 mean any place where only the practice of barbering as defined by
18-7 Sections 4(b)(6) and (7) of this Act is performed for
18-8 compensation.[;]
18-9 (i) "Permit" ["permit"] shall mean any permit issued
18-10 by the board in accordance with the provisions of this Act.[;]
18-11 (j) "Person" ["person"] shall mean any individual,
18-12 association, firm, corporation, partnership, or other legal
18-13 entity.[;]
18-14 (k) "Specialty ["specialty] shop" shall mean a
18-15 manicurist specialty shop or a wig specialty shop.[;]
18-16 (l) "Wig ["wig] specialty shop" shall mean any place
18-17 where only the practice of barbering as defined by Section 4(b)(11)
18-18 of this Act is performed for compensation.
18-19 SECTION 6. Section 6, Chapter 65, Acts of the 41st
18-20 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
18-21 Texas Civil Statutes), is amended to read as follows:
18-22 Sec. 6. The following persons shall be exempt from the
18-23 provisions of this Act, provided such persons are not represented,
18-24 advertised, or held out to the public, directly or indirectly, or
18-25 in any manner whatsoever, as barbers, journeymen barbers, barber
18-26 technicians, or under any name, title, or designation indicating
18-27 such person is authorized to practice by authority of any license
19-1 or permit issued by the board:
19-2 (1) a doctor of medicine, doctor of osteopathic
19-3 medicine, or registered nurse licensed and regulated by the State
19-4 of Texas while operating within the scope of that person's license;
19-5 (2) commissioned or authorized medical or surgical
19-6 officers of the United States Army, Navy, or Marine Hospital
19-7 Service;
19-8 (3) persons licensed or practicing by authority of the
19-9 board [Texas Cosmetology Commission] under the provisions of
19-10 Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
19-11 (Article 8451a, Vernon's Texas Civil Statutes), so long as such
19-12 persons practice within the scope of the license or permit duly
19-13 issued by the board [Texas Cosmetology Commission]; or
19-14 (4) an inmate incarcerated in the Texas Department of
19-15 Criminal Justice [Corrections] who performs barbering during the
19-16 period of incarceration.
19-17 SECTION 7. Section 11(b), Chapter 65, Acts of the 41st
19-18 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-19 Texas Civil Statutes), is amended to read as follows:
19-20 (b) No examination shall be held at a barber school,
19-21 college, or shop owned, managed, or operated by a member of the
19-22 board [State Board of Barber Examiners].
19-23 SECTION 8. Section 13, Chapter 65, Acts of the 41st
19-24 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-25 Texas Civil Statutes), is amended to read as follows:
19-26 Sec. 13. PERMIT TO PRACTICE AS JOURNEYMAN BARBER. Any
19-27 person who is at least 16-1/2 [sixteen and one-half] years of age,
20-1 and who has a diploma showing graduation from a seven-grade grammar
20-2 school, or its equivalent as determined by an examination conducted
20-3 by the board [Board], and either
20-4 (a) Has a license or certificate of registration as a
20-5 practicing barber from another State or country, which has
20-6 substantially the same requirements for licensing or registering
20-7 barbers as required by this Act, or
20-8 (b) Who can prove by personal affidavit that he has
20-9 practiced as a barber in another State for at least two years
20-10 immediately prior to making application in this State, and who
20-11 possesses the qualifications required by this Act, shall, upon
20-12 payment of the required fee, be issued a permit to practice as a
20-13 journeyman barber only until he is called by the board [Board of
20-14 Barber Examiners] to determine his fitness to receive a certificate
20-15 of registration to practice barbering. Should such applicant fail
20-16 to pass the required examination he shall be allowed to practice as
20-17 a journeyman barber until he is called by the board [Board] for the
20-18 next term of examination. Should he fail at the examination he
20-19 must cease to practice barbering in this State.
20-20 SECTION 9. Section 15A(f), Chapter 65, Acts of the 41st
20-21 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
20-22 Texas Civil Statutes), is amended to read as follows:
20-23 (f) A person who holds a license, permit, or certificate to
20-24 practice cosmetology issued by the board [Texas Cosmetology
20-25 Commission] may not practice under that authority at a manicurist
20-26 specialty shop regulated under this Act.
20-27 SECTION 10. Section 16(c), Chapter 65, Acts of the 41st
21-1 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-2 Texas Civil Statutes), is amended to read as follows:
21-3 (c) The application shall be made on a form prescribed by
21-4 the board [commission] and a $10 administration fee must accompany
21-5 the application.
21-6 SECTION 11. Section 18(f), Chapter 65, Acts of the 41st
21-7 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-8 Texas Civil Statutes), is amended to read as follows:
21-9 (f) A person who holds a license, permit, or certificate to
21-10 practice cosmetology issued by the board [Texas Cosmetology
21-11 Commission] may not practice under that authority at a wig
21-12 specialty shop regulated under this Act.
21-13 SECTION 12. Section 23a, Chapter 65, Acts of the 41st
21-14 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-15 Texas Civil Statutes), is amended to read as follows:
21-16 Sec. 23a. DUPLICATE CERTIFICATES. A duplicate registrant
21-17 certificate may be issued by the board [Board of Barber Examiners]
21-18 on written application of the registrant and payment of a fee not
21-19 to exceed $10.
21-20 SECTION 13. Section 27a(a), Chapter 65, Acts of the 41st
21-21 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-22 Texas Civil Statutes), is amended to read as follows:
21-23 (a) No barber inspector or other employee of the board
21-24 [State Board of Barber Examiners] may sell barber supplies or
21-25 engage in any other business which deals directly with barbers,
21-26 barber shops, specialty shops, or barber schools except that he may
21-27 engage in the practice of barbering.
22-1 SECTION 14. Section 28(a), Chapter 65, Acts of the 41st
22-2 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
22-3 Texas Civil Statutes), is amended to read as follows:
22-4 (a) The Texas Board of Health shall make, establish and
22-5 promulgate reasonable sanitary rules and regulations for the
22-6 conduct of barber shops, specialty shops, and barber schools. The
22-7 board [State Board of Barber Examiners], by and through the Texas
22-8 Department of Health, shall have authority, and it is made its duty
22-9 to enter upon the premises of all barber shops, specialty shops,
22-10 barber schools, or any place at which the board [State Board of
22-11 Barber Examiners] has probable cause to believe that any of its
22-12 certificate holders or licensees are practicing illegally and
22-13 inspect same at any time during business hours. On receipt of a
22-14 formal written complaint by any person that a person who holds a
22-15 barber or teacher certificate or license or a barber school, barber
22-16 college, or barber shop permit issued by the board [State Board of
22-17 Barber Examiners] has violated this Act, that board may inspect the
22-18 premises of the licensee or certificate holder to investigate the
22-19 complaint at any time during business hours. A copy of such
22-20 sanitary rules and regulations adopted by the Texas Board of Health
22-21 shall be furnished to the executive director of the board [State
22-22 Board of Barber Examiners] who shall in turn forward to each
22-23 barber, barber school or licensee of the board a copy of such rules
22-24 and regulations. A copy of the sanitary rules and regulations
22-25 promulgated and adopted by the Texas Board of Health shall be
22-26 posted in barber shops, specialty shops, and barber schools in this
22-27 State. Subject only to the authority of the Texas Board of Health
23-1 to make and promulgate reasonable rules and regulations as to
23-2 sanitation, the board [State Board of Barber Examiners] shall have
23-3 full authority and power to make and enforce all rules and
23-4 regulations necessary for the performance of its duties, to
23-5 establish standards of conduct and ethics for all persons licensed
23-6 or practicing under the provisions of this Act, and to regulate the
23-7 practice and teaching of barbering in all of its particulars in
23-8 keeping with the purposes and intent of this Act or to insure
23-9 strict compliance with and enforcement of this Act.
23-10 SECTION 15. Section 29, Chapter 65, Acts of the 41st
23-11 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
23-12 Texas Civil Statutes), is amended to read as follows:
23-13 Sec. 29. RECORDS OF BOARD. [(a)] The board [Board] shall
23-14 keep a record of its proceedings relating to the issuance, refusal,
23-15 renewal, suspension, and revocation of certificates of
23-16 registration, licenses, or permits. This record shall also contain
23-17 the name, place of business, and residence of each registered
23-18 barber, licensee, or permittee, and the date and number of his
23-19 certificate of registration, license, or permit. This record shall
23-20 be open to public inspection at all reasonable times.
23-21 [(b) The Board shall prepare information of public interest
23-22 describing the functions of the Board and the procedures by which
23-23 complaints are filed with and resolved by the Board. The Board
23-24 shall make the information available to the public and appropriate
23-25 state agencies.]
23-26 [(c) The Board by rule shall establish methods by which
23-27 consumers and service recipients are notified of the name, mailing
24-1 address, and telephone number of the Board for the purpose of
24-2 directing complaints to the Board. The Board may provide for that
24-3 notification:]
24-4 [(1) on each registration form, application, or
24-5 written contract for services of an individual or entity regulated
24-6 by the Board;]
24-7 [(2) on a sign prominently displayed in the place of
24-8 business of each individual or entity regulated under this Act; or]
24-9 [(3) in a bill for service provided by an individual
24-10 or entity regulated by the Board.]
24-11 [(d) The Board shall develop and implement policies that
24-12 provide the public with a reasonable opportunity to appear before
24-13 the Board and to speak on any issue under the jurisdiction of the
24-14 Board.]
24-15 [(e) The Board shall prepare and maintain a written plan
24-16 that describes how a person who does not speak English or who has a
24-17 physical, mental, or developmental disability may be provided
24-18 reasonable access to the Board's programs.]
24-19 SECTION 16. Section 1(2), Chapter 1036, Acts of the 62nd
24-20 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-21 Civil Statutes), is amended to read as follows:
24-22 (2) "Board" ["Commission"] means the Texas Board of
24-23 Barber and Cosmetologist Examiners [Cosmetology Commission].
24-24 SECTION 17. Section 4, Chapter 1036, Acts of the 62nd
24-25 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-26 Civil Statutes), as amended by Chapters 416 and 777, Acts of the
24-27 73rd Legislature, Regular Session, 1993, is amended to read as
25-1 follows:
25-2 Sec. 4. POWERS AND DUTIES OF BOARD [THE COMMISSION]. (a)
25-3 [The commission may issue rules consistent with this Act after a
25-4 public hearing in accordance with the Administrative Procedure and
25-5 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
25-6 Statutes).]
25-7 [(b)] The board [commission] may not adopt rules restricting
25-8 competitive bidding or advertising by a person regulated by the
25-9 board under this Act [commission] except to prohibit false,
25-10 misleading, or deceptive practices by that person.
25-11 (b) [(c)] The board [commission] may not include in the
25-12 rules under this Act rules to prohibit false, misleading, or
25-13 deceptive practices by a person regulated by the board under this
25-14 Act [commission] a rule that:
25-15 (1) restricts the use of any medium for advertising;
25-16 (2) restricts the person's personal appearance or the
25-17 use of the person's voice in an advertisement;
25-18 (3) relates to the size or duration of an
25-19 advertisement by the person; or
25-20 (4) restricts the person's advertisement under a trade
25-21 name.
25-22 (c) [(d)] The board [commission] shall prescribe the minimum
25-23 curricula of the subjects and hours of each to be taught by private
25-24 beauty culture schools and vocational cosmetology programs in
25-25 public schools.
25-26 (d) [(e)] The board [commission] shall establish under this
25-27 Act sanitation rules designed to prevent the spread of infectious
26-1 or contagious diseases.
26-2 (e) [(f)] The board [commission] may recognize, prepare, or
26-3 administer continuing education programs for the practice of
26-4 cosmetology. Participation in the programs is voluntary.
26-5 (f) [(g) The commission shall provide to its members and
26-6 employees, as often as necessary, information regarding their
26-7 qualifications for office or employment under this Act and their
26-8 responsibilities under applicable laws relating to standards of
26-9 conduct for state officers or employees.]
26-10 [(h) The commission shall develop and implement policies
26-11 that clearly define the respective responsibilities of the
26-12 commission and the staff of the commission.]
26-13 [(i) The commission shall develop and implement policies
26-14 that provide the public with a reasonable opportunity to appear
26-15 before the commission and to speak on any issue under the
26-16 jurisdiction of the commission.]
26-17 [(j) The commission shall prepare and maintain a written
26-18 plan that describes how a person who does not speak English or who
26-19 has a physical, mental, or developmental disability can be provided
26-20 reasonable access to the commission's programs.]
26-21 [(k) The commission shall set and monitor hiring goals for
26-22 women and minorities for each program area of the agency and shall
26-23 coordinate recruiting efforts with student organizations and other
26-24 groups able to assist in meeting those hiring goals. The executive
26-25 director shall prepare and submit a report to the commission not
26-26 later than February 1 of each year outlining the progress of the
26-27 agency in the recruitment and hiring of women and minority job
27-1 applicants.]
27-2 [(l)] The board [commission] may request and, if necessary,
27-3 compel by subpoena the attendance of witnesses for examination
27-4 under oath and the production for inspection and copying of books,
27-5 accounts, records, papers, correspondence, documents, and other
27-6 evidence relevant to the investigation of alleged violations of
27-7 this Act. If a person fails to comply with a subpoena issued under
27-8 this subsection, the board [commission], acting through the
27-9 attorney general, may file suit to enforce the subpoena in a
27-10 district court in Travis County or in the county in which a hearing
27-11 conducted by the board [commission] may be held. The court, if it
27-12 determines that good cause exists for the issuance of the subpoena,
27-13 shall order compliance with the requirements of the subpoena.
27-14 Failure to obey the order of the court may be punished by the court
27-15 as contempt.
27-16 [(l) The commission by rule shall establish and assess on
27-17 all persons and entities licensed or regulated under this Act
27-18 reasonable and necessary fees.]
27-19 SECTION 18. Sections 10(b) and (c), Chapter 1036, Acts of
27-20 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
27-21 Vernon's Texas Civil Statutes), are amended to read as follows:
27-22 (b) An applicant for an operator license must be at least 17
27-23 years of age, have completed the seventh grade or its equivalent,
27-24 and have completed 1,500 hours of instruction in a licensed beauty
27-25 culture school or 1,000 hours of instruction in beauty culture
27-26 courses and 500 hours of related high school courses prescribed by
27-27 the board [commission] in a public school vocational program.
28-1 (c) The application must be made on a form prescribed by the
28-2 board [commission] and must be filed at least 10 days before the
28-3 date set for the examination.
28-4 SECTION 19. Sections 11(b) and (c), Chapter 1036, Acts of
28-5 the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-6 Vernon's Texas Civil Statutes), are amended to read as follows:
28-7 (b) An applicant for a manicurist license must be at least
28-8 17 years of age, have completed the seventh grade or its
28-9 equivalent, and have completed 600 hours of instruction in
28-10 manicuring through a training program approved by the board
28-11 [commission].
28-12 (c) The application must be made on a form prescribed by the
28-13 board [commission] and must be filed at least 10 days before the
28-14 date set for the examination.
28-15 SECTION 20. Sections 12(b), (c), and (e), Chapter 1036, Acts
28-16 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-17 Vernon's Texas Civil Statutes), are amended to read as follows:
28-18 (b) An applicant for an instructor license must be at least
28-19 18 years of age, have completed the 12th grade or its equivalent,
28-20 have a valid operator license, and have completed a course
28-21 consisting of 750 hours of instruction in cosmetology courses and
28-22 methods of teaching in a licensed private beauty culture school or
28-23 in a vocational training program of a publicly financed
28-24 postsecondary institution or at least two years of verifiable
28-25 experience as a licensed operator and at least 250 hours of
28-26 instruction in cosmetology in a training program approved by the
28-27 board [commission].
29-1 (c) The application must be on a form prescribed by the
29-2 board [commission] and must be filed at least 10 days before the
29-3 date set for the examination.
29-4 (e) The board [commission] shall establish rules for the
29-5 licensing of specialty instructors to teach specialty courses in
29-6 the practice of cosmetology as defined in Paragraphs (D) and (F) of
29-7 Subdivision (3) of Section 1 of this Act.
29-8 SECTION 21. Sections 13(b), (c), and (e), Chapter 1036, Acts
29-9 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
29-10 Vernon's Texas Civil Statutes), are amended to read as follows:
29-11 (b) An applicant for a specialty certificate must be at
29-12 least 17 years of age, have completed the seventh grade or its
29-13 equivalent, and have the necessary requisites as determined by the
29-14 board [commission] in the particular specialty in which
29-15 certification is sought, including training through a training
29-16 program approved by the board [commission].
29-17 (c) The application must be on a form prescribed by the
29-18 board [commission].
29-19 (e) Subsection (a) of this section does not apply to an
29-20 individual who has an instructor license or operator license issued
29-21 by the board [commission].
29-22 SECTION 22. Sections 13A(b), (c), and (e), Chapter 1036,
29-23 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
29-24 Vernon's Texas Civil Statutes), are amended to read as follows:
29-25 (b) An applicant for a facialist specialty license must be
29-26 at least 17 years of age, have completed the seventh grade or its
29-27 equivalent, and have the necessary requisites as determined by the
30-1 board [commission] in the facialist specialty.
30-2 (c) The application must be on a form prescribed by the
30-3 board [commission] and must be filed at least 10 days before the
30-4 date set for examination.
30-5 (e) Subsection (a) of this section does not apply to an
30-6 individual who has an instructor license or operator license issued
30-7 by the board [commission].
30-8 SECTION 23. Section 15(b), Chapter 1036, Acts of the 62nd
30-9 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-10 Civil Statutes), is amended to read as follows:
30-11 (b) A temporary license shall be issued on submission of an
30-12 application form prescribed by the board [commission] and payment
30-13 of a $45 temporary license fee if the applicant meets the
30-14 requirements of Subsection (a) of this section.
30-15 SECTION 24. Section 16, Chapter 1036, Acts of the 62nd
30-16 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-17 Civil Statutes), is amended to read as follows:
30-18 Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. (a) A duplicate
30-19 license or certificate shall be issued upon application on a form
30-20 prescribed by the board [commission] and on the payment of a $35
30-21 fee.
30-22 (b) A transcript shall be given to licensees under this Act
30-23 upon application on a form prescribed by the board [commission] and
30-24 payment of a $5 fee.
30-25 SECTION 25. Section 17(b), Chapter 1036, Acts of the 62nd
30-26 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
30-27 Civil Statutes), is amended to read as follows:
31-1 (b) The applicant shall submit an application on a form
31-2 prescribed by the board [commission] and pay a $100 fee, plus the
31-3 applicable license or certification fee.
31-4 SECTION 26. Section 18(b), Chapter 1036, Acts of the 62nd
31-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-6 Civil Statutes), is amended to read as follows:
31-7 (b) A student permit shall be issued on submission of an
31-8 application form prescribed by the board [commission] and payment
31-9 of a $25 fee which must accompany the application.
31-10 SECTION 27. Sections 19(b)-(e), Chapter 1036, Acts of the
31-11 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
31-12 Texas Civil Statutes), are amended to read as follows:
31-13 (b) An applicant for a beauty shop license must submit an
31-14 application on a form prescribed by the board [commission]. The
31-15 application must contain proof of the particular requisites for a
31-16 beauty shop as established by the board [commission] and must be
31-17 verified by the applicant. With the application, the applicant
31-18 must submit a $35 inspection fee.
31-19 (c) The applicant is entitled to a beauty shop license if
31-20 the application shows compliance with the rules of the board
31-21 [commission], a $45 license fee is paid, and he has not committed
31-22 an act that constitutes a ground for denial of a license.
31-23 (d) In order that the public may fix responsibility for
31-24 services, acts, or treatments performed by persons licensed as
31-25 barbers by the board [State Board of Barber Examiners] vis-a-vis
31-26 those performed by persons licensed as cosmetologists by the board
31-27 and [Texas Cosmetology Commission,] to promote the efficient and
32-1 orderly administration of laws regulating barbers and the practice
32-2 of barbering and the laws regulating cosmetologists and the
32-3 practice of cosmetology[, and to avoid confusion of the public as
32-4 well as avoiding conflicts of jurisdiction between such board and
32-5 commission which might impede effective administration or
32-6 enforcement of the laws under their respective jurisdictions, from
32-7 and after January 31, 1980]:
32-8 (1) a person licensed to practice barbering by the
32-9 [barber] board may practice barbering only at a location for which
32-10 the board has issued a barber shop permit, barber school or college
32-11 permit, or any other permit[. If the State Board of Barber
32-12 Examiners and the Texas Cosmetology Commission license the same
32-13 facility, the board may not adopt rules restricting or prohibiting
32-14 the practice by a Class A barber in the facility]; and
32-15 (2) a person licensed to practice cosmetology by the
32-16 board [cosmetology commission] may practice cosmetology only at a
32-17 location for which the board [commission] has issued a beauty shop
32-18 license, private beauty culture school license, or any other
32-19 license. [If the State Board of Barber Examiners and the Texas
32-20 Cosmetology Commission license the same facility, the commission
32-21 may not adopt rules restricting or prohibiting the practice by a
32-22 cosmetologist in the facility.]
32-23 [(e) If the State Board of Barber Examiners and the Texas
32-24 Cosmetology Commission license the same facility, the agencies may
32-25 not adopt rules requiring:]
32-26 [(1) that the work areas of barbers and cosmetologists
32-27 practicing in the facility be separated;]
33-1 [(2) that the waiting areas for customers of the
33-2 barbers and cosmetologists practicing in the facility be separated;]
33-3 [(3) that the facility have separate restrooms for the
33-4 barbers or cosmetologists practicing in the facility or for the
33-5 customers of the barbers and cosmetologists; or]
33-6 [(4) that the barbers and cosmetologists practicing in
33-7 the facility or the customers of the barbers and cosmetologists be
33-8 treated separately from each other in any similar manner.]
33-9 SECTION 28. Sections 20(b)-(d), Chapter 1036, Acts of the
33-10 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
33-11 Texas Civil Statutes), are amended to read as follows:
33-12 (b) An applicant for a specialty shop license must submit an
33-13 application on a form prescribed by the board [commission]. The
33-14 application must contain proof of the particular requisites for a
33-15 specialty shop as established by the board [commission] and must be
33-16 verified by the applicant. With the application, the applicant
33-17 must submit a $35 inspection fee.
33-18 (c) The applicant is entitled to a specialty shop license if
33-19 the application shows compliance with the rules and regulations of
33-20 the board [commission], a $45 license fee is paid, and he has not
33-21 committed an act that constitutes a ground for denial of a license.
33-22 (d) Subsection (b) of this section does not apply to a shop
33-23 operated under a beauty shop license issued by the board
33-24 [commission].
33-25 SECTION 29. Sections 20A(b)-(d), Chapter 1036, Acts of the
33-26 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
33-27 Texas Civil Statutes), are amended to read as follows:
34-1 (b) An applicant for a booth rental license must submit an
34-2 application on a form prescribed by the board [commission]. The
34-3 application must contain information as required by rule by the
34-4 board [commission] and must be verified by the applicant.
34-5 (c) The applicant is entitled to a booth rental license if
34-6 the applicant:
34-7 (1) pays the application fee set by the board
34-8 [commission] in an amount reasonable and necessary to cover the
34-9 costs of administering the booth rental licensing program;
34-10 (2) shows compliance with the rules of the board
34-11 [commission]; and
34-12 (3) has not committed an act that constitutes a ground
34-13 for denial of a license or certificate.
34-14 (d) The board [commission] shall adopt rules relating to the
34-15 information submitted for a booth rental license, including
34-16 information regarding the applicant's compliance with state and
34-17 federal tax laws.
34-18 SECTION 30. Sections 21(b), (c), (e), and (k), Chapter 1036,
34-19 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
34-20 Vernon's Texas Civil Statutes), are amended to read as follows:
34-21 (b) An applicant for a private beauty culture school license
34-22 must submit an application on a form prescribed by the board
34-23 [commission]. Each application must be verified by the applicant
34-24 and must contain:
34-25 (1) a detailed floor plan of the school building
34-26 divided into two separate areas, one for instruction in theory and
34-27 one clinic work area; and
35-1 (2) a statement that the building is fireproof and of
35-2 permanent type construction, contains a minimum of 3,500 square
35-3 feet of floor space, with separate restrooms for male and female
35-4 students, and contains or will contain before classes commence the
35-5 equipment established by rule of the board [commission] as
35-6 sufficient to properly instruct a minimum of 50 students.
35-7 (c) The board [commission] shall determine that an applicant
35-8 for a private beauty culture school license is financially sound
35-9 and capable of fulfilling the school's commitments for training
35-10 before granting the license.
35-11 (e) The facilities of each applicant shall be inspected.
35-12 The applicant is entitled to a private beauty culture school
35-13 license if the inspection shows that this Act and the rules of the
35-14 board [commission] have been met and the applicant has not
35-15 committed an act that constitutes a ground for denial of a license.
35-16 (k) If a refund is not made within the period required by
35-17 this section, the school shall pay interest on the refund for the
35-18 interval beginning with the first day following the expiration of
35-19 the refund period and ending with the day immediately preceding the
35-20 date the refund is made. If the refund is made to a lending
35-21 institution, the interest shall also be paid to that institution
35-22 and applied against the student's loan. The commissioner of
35-23 education annually shall establish the level of interest at a level
35-24 sufficient to provide a deterrent to the retention of student
35-25 funds. The board [commission] may exempt a school from the payment
35-26 of the interest if the school makes a good faith effort to refund
35-27 the tuition but is unable to locate the student. The school shall
36-1 provide to the board [commission] on request documentation of the
36-2 effort to locate the student.
36-3 SECTION 31. Sections 21A(a)-(e), Chapter 1036, Acts of the
36-4 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
36-5 Texas Civil Statutes), are amended to read as follows:
36-6 (a) In addition to the bond requirements imposed under
36-7 Section 21(c) of this Act, at the time that each private beauty
36-8 culture school pays its annual renewal fee, in the years provided
36-9 by Subsection (c) of this section, the board [commission] shall
36-10 also collect a fee from the school for deposit in a special fund
36-11 established in the state treasury called the private beauty culture
36-12 school tuition protection fund.
36-13 (b) The board [commission] shall determine the amount of the
36-14 fee by applying a percentage to each school's annual renewal fee.
36-15 The percentage is the rate determined by the board [commission]
36-16 that, when applied to the total of all renewal fees, will result in
36-17 the collection of $200,000 for deposit in the fund in the first
36-18 three years that the fee is collected. The fee assessed under this
36-19 section may not exceed $200 per year.
36-20 (c) Beginning on January 1, 1992, the board [commission]
36-21 shall collect the fee for three years. If on January 1, 1995, or
36-22 on January 1 of any subsequent year the amount in the fund is less
36-23 than $200,000, the board [commission] shall collect a fee during
36-24 that year by applying a percentage to each school's annual renewal
36-25 fee at a rate that will bring the balance of the fund to $200,000.
36-26 (d) The comptroller [state treasurer] shall invest the fund
36-27 in the same manner as other state funds. Sufficient funds from the
37-1 tuition protection fund shall be appropriated to the board
37-2 [commission] for the purpose outlined in this section. The board
37-3 [commission] shall administer claims made against the fund.
37-4 (e) If a school closes, the board [commission] shall attempt
37-5 to arrange for students of the closed school to attend another
37-6 private beauty culture school.
37-7 SECTION 32. Section 21B, Chapter 1036, Acts of the 62nd
37-8 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
37-9 Civil Statutes), is amended to read as follows:
37-10 Sec. 21B. COURSE LENGTH AND CURRICULUM OF PRIVATE BEAUTY
37-11 CULTURE SCHOOL. (a) A private beauty culture school must submit
37-12 to the board [commission] for approval the course lengths and
37-13 curriculum content for each course offered by the school. The
37-14 course lengths and content may not be implemented unless the board
37-15 [commission] approves them. The course lengths and content shall
37-16 reasonably ensure that students develop the job skills and
37-17 knowledge necessary for employment.
37-18 (b) The board [commission] shall require a school to account
37-19 fully for all curriculum contents and course lengths before issuing
37-20 or renewing a license, and a school that is manipulating course
37-21 lengths below or above industry standards shall be placed on
37-22 probation until justification for the deviation is proved or the
37-23 practice ceases.
37-24 SECTION 33. Section 21C, Chapter 1036, Acts of the 62nd
37-25 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
37-26 Civil Statutes), is amended to read as follows:
37-27 Sec. 21C. TEMPORARY WORK PERMIT. (a) The board
38-1 [commission] may issue a temporary work permit to any student who
38-2 has completed 1,500 hours of instruction in an approved private
38-3 beauty school program or 1,000 hours of instruction in beauty
38-4 culture courses and 500 hours of related high school courses in a
38-5 public school vocational program and who has applied for the
38-6 practical examination. The temporary work permit expires on the
38-7 earlier of the date the student is scheduled for the practical
38-8 examination or 90 days from the date the temporary permit is
38-9 issued.
38-10 (b) The board [commission] may assess a fee for a temporary
38-11 work permit. The board [commission] shall set the fee in an amount
38-12 reasonable and necessary to defray the costs of administering this
38-13 section.
38-14 SECTION 34. Sections 22(b), (c), (d), (f), and (g), Chapter
38-15 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
38-16 8451a, Vernon's Texas Civil Statutes), are amended to read as
38-17 follows:
38-18 (b) Each holder of a private beauty culture school license
38-19 shall furnish to the board [commission]:
38-20 (1) the current course completion rates of students
38-21 who attend a course of instruction offered by the school; and
38-22 (2) job placement rates and employment rates of
38-23 students who complete a course of instruction.
38-24 (c) On the graduation of a student from a course of training
38-25 offered by a private beauty culture school or the student's
38-26 withdrawal or transfer from a course of training without completion
38-27 of the training, the private beauty culture school shall send the
39-1 board [commission] a certified written copy of the student's
39-2 record, indicating all course hours completed by the student and
39-3 whether the agreed tuition has been paid.
39-4 (d) A holder of a private beauty culture school license
39-5 shall furnish each prospective student with:
39-6 (1) a copy of the course outline;
39-7 (2) a schedule of the tuition and other fees assessed;
39-8 (3) the refund policy required under Section 21 of
39-9 this Act;
39-10 (4) school regulations relating to absences;
39-11 (5) the school grading policy;
39-12 (6) the school rules of operation and conduct;
39-13 (7) school regulations relating to incomplete grades;
39-14 (8) the name, mailing address, and telephone number of
39-15 the board [commission] for the purpose of directing complaints to
39-16 the board [commission]; and
39-17 (9) the current rates of job placement and employment
39-18 of students who complete a course of training.
39-19 (f) If the board [commission] has reasonable cause to
39-20 believe that a private beauty culture school has violated this Act
39-21 or a rule adopted under this Act, the board [commission] may order
39-22 a peer review of the school or suspend the admission of students to
39-23 the school. A peer review ordered under this subsection shall be
39-24 conducted by a peer review team composed of knowledgeable persons
39-25 selected by the board [commission]. The board [commission] shall
39-26 attempt to provide a balance on each team between members assigned
39-27 to the team who are from this state and those who are from other
40-1 states. The team shall provide the board [commission] with an
40-2 objective assessment of the content of the school's curriculum and
40-3 its application. The school under review shall pay the costs of
40-4 the peer review.
40-5 (g) A private beauty culture school that violates this Act
40-6 or a rule adopted under this Act is liable for a civil penalty in
40-7 addition to any injunctive relief or other remedy provided by law.
40-8 The civil penalty may not exceed $1,000 a day for each violation.
40-9 The attorney general, at the request of the board [commission], may
40-10 bring a civil action to collect a civil penalty under this
40-11 subsection. Civil penalties recovered in a suit brought under this
40-12 subsection shall be deposited in the state treasury to the credit
40-13 of the General Revenue Fund.
40-14 SECTION 35. Section 29, Chapter 1036, Acts of the 62nd
40-15 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
40-16 Civil Statutes), is amended to read as follows:
40-17 Sec. 29. RIGHT OF ACCESS. The board [commission], an
40-18 inspector, or any duly authorized representative of the board
40-19 [commission] may enter the premises of any licensee at any time
40-20 during normal business hours and in such manner as not to interfere
40-21 with the conduct or operation of the business or school to
40-22 determine whether or not the licensee is in compliance with this
40-23 Act and the rules of the board [commission].
40-24 SECTION 36. Section 30, Chapter 1036, Acts of the 62nd
40-25 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
40-26 Civil Statutes), is amended to read as follows:
40-27 Sec. 30. EXAMINATIONS. (a) The board [commission] shall
41-1 use a written examination, selected by the board [commission], to
41-2 examine license applicants and may require a practical examination
41-3 for licenses and certificates issued under this Act, as the board
41-4 [commission] considers necessary. The written examination must be
41-5 validated by independent testing professionals or be purchased from
41-6 a national testing service. The board [commission] shall prescribe
41-7 the method and content of any practical examination.
41-8 (b) On receipt of a written request by a student, the board
41-9 [commission] may provide for the early written examination of a
41-10 cosmetology operator license student who has completed at least
41-11 1,000 hours of instruction in a training program approved by the
41-12 board [commission]. Agency inspectors may administer an
41-13 examination conducted under this subsection on-site at beauty
41-14 culture schools throughout the state.
41-15 (c) Examinations shall be conducted beginning the first of
41-16 each month unless it is a legal holiday, in which case the
41-17 examination shall begin on the following day. The site of the
41-18 examinations shall be announced at least six months prior to the
41-19 administration date. Examinations may not be conducted in the
41-20 schools of board [commission] members.
41-21 (d) Not later than the 30th day after the date on which an
41-22 examination is administered under this Act, the board [commission]
41-23 shall notify each examinee of the results of the examination.
41-24 However, except as otherwise provided by this subsection, if an
41-25 examination is graded or reviewed by a national testing service,
41-26 the board [commission] shall notify examinees of the results of the
41-27 examination not later than the 14th day after the date on which the
42-1 board [commission] receives the results from the testing service.
42-2 If the notice of examination results graded or reviewed by a
42-3 national testing service will be delayed for longer than 90 days
42-4 after the examination date, the board [commission] shall notify the
42-5 examinee of the reason for the delay before the 90th day. If the
42-6 examinee is a student in a vocational cosmetology program in a
42-7 public school, the board [commission] shall grade the examination
42-8 and may not submit the examination for grading by a national
42-9 testing service. If requested in writing by a person who fails the
42-10 examination, the board [commission] shall send to the person not
42-11 later than the 60th day after the day on which the request is
42-12 received by the board [commission] an analysis of the person's
42-13 performance on the examination.
42-14 SECTION 37. Sections 33(d), (e), (h), and (i), Chapter 1036,
42-15 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
42-16 Vernon's Texas Civil Statutes), are amended to read as follows:
42-17 (d) All licenses and certificates issued by the board
42-18 [commission] may be prorated for the number of months the license
42-19 or certificate will be valid.
42-20 (e) A license that has been expired for less than 30 days
42-21 may be renewed. A renewal license shall be issued on submission of
42-22 a completed application form prescribed by the board [commission]
42-23 and payment of the renewal fee, plus a $10 delinquency fee.
42-24 (h) A private beauty culture school license that has been
42-25 expired for more than 30 days may not be renewed. The licensee may
42-26 apply for an original license under the current requirements and
42-27 fees. The board [commission] may not accept credit hours for
43-1 examination after the 30th day of expiration of a license subject
43-2 to this subsection.
43-3 (i) The board [commission] by rule shall establish the
43-4 delinquency fee for a booth rental license.
43-5 SECTION 38. Section 34(b), Chapter 1036, Acts of the 62nd
43-6 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-7 Civil Statutes), is amended to read as follows:
43-8 (b) The board [commission] by rule shall establish the
43-9 renewal fee for a booth rental license.
43-10 SECTION 39. Section 35(a), Chapter 1036, Acts of the 62nd
43-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-12 Civil Statutes), is amended to read as follows:
43-13 (a) If an inspector discovers a violation of this Act or of
43-14 a rule established by the board [commission], he shall give written
43-15 notice of the violation on a form prescribed by the board
43-16 [commission] to the violator, and if the violation is not corrected
43-17 in 10 days from the date of notice, the inspector shall file a
43-18 complaint with the executive director.
43-19 SECTION 40. Section 38(a), Chapter 1036, Acts of the 62nd
43-20 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
43-21 Civil Statutes), is amended to read as follows:
43-22 (a) The board [commission] may sue in district court to
43-23 enjoin or restrain a person from violating any section of this Act
43-24 or the board [commission] rules.
43-25 SECTION 41. (a) This Act takes effect September 1, 1997.
43-26 (b) The following laws are repealed:
43-27 (1) Sections 23, 26, 26a, 26b, 26c, 27, 29A, 29C, and
44-1 29D, Chapter 65, Acts of the 41st Legislature, 1st Called Session,
44-2 1929 (Article 8407a, Vernon's Texas Civil Statutes);
44-3 (2) Section 29B, Chapter 65, Acts of the 41st
44-4 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
44-5 Texas Civil Statutes), as amended by Chapters 561 and 629, Acts of
44-6 the 72nd Legislature, Regular Session, 1991;
44-7 (3) Sections 2, 3, 5, 6, 8, 28, 37, and 41, Chapter
44-8 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
44-9 8451a, Vernon's Texas Civil Statutes); and
44-10 (4) Section 7, Chapter 1036, Acts of the 62nd
44-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
44-12 Civil Statutes), as amended by Chapters 561 and 626, Acts of the
44-13 72nd Legislature, Regular Session, 1991.
44-14 (c) The State Board of Barber Examiners and the Texas
44-15 Cosmetology Commission are abolished but continue in existence
44-16 until September 1, 1998, for the sole purpose of transferring
44-17 obligations, property, rights, powers, and duties to the Texas
44-18 Board of Barber and Cosmetologist Examiners created under this Act.
44-19 The Texas Board of Barber and Cosmetologist Examiners assumes all
44-20 of the obligations, property, rights, powers, and duties of the
44-21 State Board of Barber Examiners and the Texas Cosmetology
44-22 Commission, as exercised by those agencies immediately before the
44-23 effective date of this Act. All unexpended funds appropriated to
44-24 the State Board of Barber Examiners and the Texas Cosmetology
44-25 Commission are transferred to the Texas Board of Barber and
44-26 Cosmetologist Examiners. The transfer of the obligations,
44-27 property, rights, powers, and duties of the State Board of Barber
45-1 Examiners and the Texas Cosmetology Commission to the Texas Board
45-2 of Barber and Cosmetologist Examiners must be completed not later
45-3 than September 1, 1998.
45-4 (d) All rules of the State Board of Barber Examiners and the
45-5 Texas Cosmetology Commission are continued in effect as rules of
45-6 the Texas Board of Barber and Cosmetologist Examiners until
45-7 superseded by a rule of the Texas Board of Barber and Cosmetologist
45-8 Examiners. A license, permit, or registration issued by the State
45-9 Board of Barber Examiners or the Texas Cosmetology Commission is
45-10 continued in effect as provided by the law in effect immediately
45-11 before the effective date of this Act. A complaint, investigation,
45-12 contested case, or other proceeding pending on the effective date
45-13 of this Act is continued without change in status after the
45-14 effective date of this Act.
45-15 SECTION 42. (a) In making the initial appointments to the
45-16 Texas Board of Barber and Cosmetologist Examiners, the governor
45-17 shall appoint:
45-18 (1) one person licensed as a barber, one person
45-19 licensed as a cosmetologist, and one public member to serve terms
45-20 expiring February 1, 1999;
45-21 (2) one person licensed as a barber, one person
45-22 licensed as a cosmetologist, and one public member to serve terms
45-23 expiring February 1, 2001; and
45-24 (3) one person licensed as a barber, one person
45-25 licensed as a cosmetologist, and one public member to serve terms
45-26 expiring February 1, 2003.
45-27 (b) An initial board member appointed under this section is
46-1 exempt from the board member training requirements under Section
46-2 16, Article 8475, Revised Statutes, as added by this Act.
46-3 SECTION 43. The importance of this legislation and the
46-4 crowded condition of the calendars in both houses create an
46-5 emergency and an imperative public necessity that the
46-6 constitutional rule requiring bills to be read on three several
46-7 days in each house be suspended, and this rule is hereby suspended.