By Pitts H.B. No. 2102
76R1997 MXM-F
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 (4) "Executive director" means the executive director
1-21 of the board.
1-22 Sec. 2. BOARD. (a) The Texas Board of Barber and
1-23 Cosmetologist Examiners is composed of nine members appointed by
1-24 the governor. Board members serve staggered six-year terms, with
2-1 the terms of three members expiring on February 1 of each
2-2 odd-numbered year.
2-3 (b) The members of the board are appointed as follows:
2-4 (1) three members must be licensed barbers, one of
2-5 whom must be a practicing barber, one of whom must be the owner of
2-6 a barber shop, and one of whom must be the owner of a barber school
2-7 or college;
2-8 (2) three members must be licensed cosmetologists, one
2-9 of whom must be a practicing cosmetologist, one of whom must be the
2-10 owner of a beauty or specialty shop, and one of whom must be the
2-11 owner of a private beauty culture school; and
2-12 (3) three members must be representatives of the
2-13 general public.
2-14 (c) For the purposes of Section 5(d) of this article only,
2-15 the executive director of the Texas Workforce Commission or that
2-16 official's designee is an ex officio member of the board with
2-17 voting privileges.
2-18 (d) A person is not eligible for appointment as a public
2-19 member of the board if the person or the person's spouse:
2-20 (1) is registered, certified, or licensed by an
2-21 occupational regulatory agency in the field of barbering or
2-22 cosmetology;
2-23 (2) is employed by or participates in the management
2-24 of a business entity or other organization regulated by the board
2-25 or receiving funds from the board;
2-26 (3) owns or controls, directly or indirectly, more
2-27 than a 10 percent interest in a business entity or other
3-1 organization regulated by the board or receiving funds from the
3-2 board; or
3-3 (4) uses or receives a substantial amount of tangible
3-4 goods, services, or funds from the board, other than compensation
3-5 or reimbursement authorized by law for board membership,
3-6 attendance, or expenses.
3-7 (e) An officer, employee, or paid consultant of a Texas
3-8 trade association in the field of barbering or cosmetology may not
3-9 be a member of the board and may not be an employee of the board
3-10 who is exempt from the state's position classification plan or is
3-11 compensated at or above the amount prescribed by the General
3-12 Appropriations Act for step 1, salary group A17, of the position
3-13 classification salary schedule.
3-14 (f) A person who is the spouse of an officer, manager, or
3-15 paid consultant of a Texas trade association in the field of
3-16 barbering or cosmetology may not be a member of the board and may
3-17 not be an employee of the board who is exempt from the state's
3-18 position classification plan or is compensated at or above the
3-19 amount prescribed by the General Appropriations Act for step 1,
3-20 salary group A17, of the position classification salary schedule.
3-21 (g) For the purposes of this section, a Texas trade
3-22 association is a nonprofit, cooperative, and voluntarily joined
3-23 association of business or professional competitors in this state
3-24 designed to assist its members and its industry or profession in
3-25 dealing with mutual business or professional problems and in
3-26 promoting their common interest.
3-27 (h) A vacancy on the board shall be filled by appointment
4-1 by the governor of a person with the appropriate qualifications to
4-2 serve for the remainder of the term.
4-3 (i) Appointments to the board shall be made without regard
4-4 to the race, color, disability, sex, religion, age, or national
4-5 origin of the appointees.
4-6 (j) The Texas Board of Barber and Cosmetologist Examiners is
4-7 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-8 continued in existence as provided by that chapter, the board is
4-9 abolished and this article, Chapter 65, Acts of the 41st
4-10 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
4-11 Texas Civil Statutes), and Chapter 1036, Acts of the 62nd
4-12 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
4-13 Civil Statutes), expire September 1, 2011.
4-14 Sec. 3. GROUNDS FOR REMOVAL. (a) It is a ground for
4-15 removal from the board if a member:
4-16 (1) does not have at the time of appointment the
4-17 qualifications required by Section 2 of this article;
4-18 (2) does not maintain during service on the board the
4-19 qualifications required by Section 2 of this article;
4-20 (3) violates a prohibition established by this section
4-21 or Section 6 of this article;
4-22 (4) cannot because of illness or disability discharge
4-23 the member's duties for a substantial part of the term for which
4-24 the member is appointed; or
4-25 (5) is absent from more than half of the regularly
4-26 scheduled board meetings that the member is eligible to attend
4-27 during a calendar year unless the absence is excused by majority
5-1 vote of the board.
5-2 (b) The validity of an action of the board is not affected
5-3 by the fact that it is taken when a ground for removal of a board
5-4 member exists.
5-5 (c) If the executive director has knowledge that a potential
5-6 ground for removal exists, the executive director shall notify the
5-7 presiding officer of the potential ground. The presiding officer
5-8 shall then notify the governor and the attorney general that a
5-9 potential ground for removal exists. If the potential ground for
5-10 removal involves the presiding officer, the executive director
5-11 shall notify the next highest officer of the board, who shall
5-12 notify the governor and the attorney general that a potential
5-13 ground for removal exists.
5-14 Sec. 4. OFFICERS; MEETINGS. (a) The board shall elect
5-15 annually from the membership of the board a presiding officer,
5-16 assistant presiding officer, and secretary-treasurer.
5-17 (b) The board shall meet at least annually and at other
5-18 times at the call of the presiding officer.
5-19 Sec. 5. BOARD POWERS AND DUTIES. (a) The board shall adopt
5-20 rules consistent with this article for:
5-21 (1) the administration of this article and the
5-22 operation of the board;
5-23 (2) the administration of Chapter 65, Acts of the 41st
5-24 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
5-25 Texas Civil Statutes), subject to Subsection (c) of this section;
5-26 and
5-27 (3) the administration of Chapter 1036, Acts of the
6-1 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
6-2 Texas Civil Statutes), subject to Subsection (d) of this section.
6-3 (b) The board shall adopt application, examination,
6-4 licensing, and renewal fees in amounts that are reasonable and
6-5 necessary to provide sufficient revenue to cover the costs of
6-6 administering the programs under the authority of the board. The
6-7 fees set by the board may be adjusted so that the total fees
6-8 collected are sufficient to meet the expenses of administering the
6-9 board's responsibilities.
6-10 (c) In administering Chapter 65, Acts of the 41st
6-11 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
6-12 Texas Civil Statutes), only the public members and the three barber
6-13 members of the board may adopt rules or participate in disciplinary
6-14 proceedings under this article. The participation of four barber
6-15 and public members is required for a quorum under this subsection.
6-16 (d) In administering Chapter 1036, Acts of the 62nd
6-17 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
6-18 Civil Statutes), only the public members, the ex officio member,
6-19 and the three cosmetologist members may adopt rules or participate
6-20 in disciplinary proceedings under this article. The participation
6-21 of four cosmetologist, public, and ex officio members is required
6-22 for a quorum under this subsection.
6-23 (e) The board may appoint an executive director. The
6-24 executive director may hire other personnel as necessary for the
6-25 administration of this article.
6-26 Sec. 6. CONFLICT OF INTEREST. A person may not serve as a
6-27 member of the board or act as the general counsel to the board if
7-1 the person is required to register as a lobbyist under Chapter 305,
7-2 Government Code, because of the person's activities for
7-3 compensation on behalf of a profession related to the operation of
7-4 the board.
7-5 Sec. 7. PERSONNEL POLICIES. (a) The executive director or
7-6 the executive director's designee shall develop an intra-agency
7-7 career ladder program that addresses opportunities for mobility and
7-8 advancement for employees within the board. The program shall
7-9 require intra-agency posting of all positions concurrently with any
7-10 public posting.
7-11 (b) The executive director or the executive director's
7-12 designee shall develop a system of annual performance evaluations
7-13 that are based on documented employee performance. All merit pay
7-14 for board employees must be based on the system established under
7-15 this subsection.
7-16 (c) The board shall develop and implement policies that
7-17 clearly separate the policymaking responsibilities of the board and
7-18 the management responsibilities of the executive director and the
7-19 staff of the board.
7-20 Sec. 8. PUBLIC INTEREST INFORMATION. (a) The board shall
7-21 prepare information of public interest describing the functions of
7-22 the board and the procedures by which complaints are filed with and
7-23 resolved by the board. The board shall make the information
7-24 available to the public and appropriate state agencies.
7-25 (b) The board by rule shall establish methods by which
7-26 consumers and service recipients are notified of the name, mailing
7-27 address, and telephone number of the board for the purpose of
8-1 directing complaints to the board. The board may provide for that
8-2 notification:
8-3 (1) on each registration form, application, or written
8-4 contract for services of a person regulated under this article;
8-5 (2) on a sign prominently displayed in the place of
8-6 business of each person regulated under this article; and
8-7 (3) in a bill for service provided by a person
8-8 regulated under this article.
8-9 (c) The board shall develop materials and programs to
8-10 educate the public concerning the licensing requirements imposed
8-11 under this article, the need of the public to conduct business only
8-12 with a licensed barber or cosmetologist, and the methods for
8-13 reporting unlicensed activity.
8-14 Sec. 9. AGENCY FUNDS. All money paid to the board under
8-15 this article is subject to Subchapter F, Chapter 404, Government
8-16 Code.
8-17 Sec. 10. COMPLAINTS. (a) The board shall keep information
8-18 about each complaint filed with the board. The information shall
8-19 include:
8-20 (1) the date the complaint is received;
8-21 (2) the name of the complainant;
8-22 (3) the subject matter of the complaint;
8-23 (4) a record of all persons contacted in relation to
8-24 the complaint;
8-25 (5) a summary of the results of the review or
8-26 investigation of the complaint; and
8-27 (6) for complaints for which the board did not take
9-1 action, an explanation of the reason the complaint was closed
9-2 without action.
9-3 (b) The board shall keep a file about each written complaint
9-4 filed with the board that the board has authority to resolve. The
9-5 board shall provide to the person filing the complaint and the
9-6 persons or entities complained about the board's policies and
9-7 procedures pertaining to complaint investigation and resolution.
9-8 The board, at least quarterly and until final disposition of the
9-9 complaint, shall notify the person filing the complaint and the
9-10 persons or entities complained about of the status of the complaint
9-11 unless the notice would jeopardize an undercover investigation.
9-12 Sec. 11. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive
9-13 director or the executive director's designee shall prepare and
9-14 maintain a written policy statement to assure implementation of a
9-15 program of equal employment opportunity under which all personnel
9-16 transactions are made without regard to race, color, disability,
9-17 sex, religion, age, or national origin. The policy statement must
9-18 include:
9-19 (1) personnel policies, including policies relating to
9-20 recruitment, evaluation, selection, appointment, training, and
9-21 promotion of personnel that are in compliance with the requirements
9-22 of Chapter 21, Labor Code;
9-23 (2) a comprehensive analysis of the board workforce
9-24 that meets federal and state guidelines;
9-25 (3) procedures by which a determination can be made
9-26 about the extent of underuse in the board workforce of all persons
9-27 for whom federal or state guidelines encourage a more equitable
10-1 balance; and
10-2 (4) reasonable methods to appropriately address those
10-3 areas of underuse.
10-4 (b) A policy statement prepared under Subsection (a) of this
10-5 section must cover an annual period, be updated annually and
10-6 reviewed by the state Commission on Human Rights for compliance
10-7 with Subsection (a)(1) of this section, and be filed with the
10-8 governor's office.
10-9 (c) The governor's office shall deliver a biennial report to
10-10 the legislature based on the information received under Subsection
10-11 (b) of this section. The report may be made separately or as a
10-12 part of other biennial reports made to the legislature.
10-13 Sec. 12. STANDARDS OF CONDUCT. The executive director or
10-14 the executive director's designee shall provide to members of the
10-15 board and to board employees, as often as necessary, information
10-16 regarding their qualification for office or employment under this
10-17 article and their responsibilities under applicable laws relating
10-18 to standards of conduct for state officers or employees.
10-19 Sec. 13. PUBLIC ACCESS. (a) The board shall develop and
10-20 implement policies that provide the public with a reasonable
10-21 opportunity to appear before the board and to speak on any issue
10-22 under the jurisdiction of the board.
10-23 (b) The board shall comply with federal and state laws
10-24 related to program and facility accessibility. The executive
10-25 director shall also prepare and maintain a written plan that
10-26 describes how a person who does not speak English can be provided
10-27 reasonable access to the board's programs and services.
11-1 Sec. 14. BOARD MEMBER TRAINING. (a) Before a member of the
11-2 board may assume the member's duties and before the member may be
11-3 confirmed by the senate, the member must complete at least one
11-4 course of the training program established under this section.
11-5 (b) A training program established under this section shall
11-6 provide information to the member regarding:
11-7 (1) the enabling legislation that created the board to
11-8 which the member is appointed to serve;
11-9 (2) the programs operated by the board;
11-10 (3) the role and functions of the board;
11-11 (4) the rules of the board, with an emphasis on the
11-12 rules that relate to disciplinary and investigatory authority;
11-13 (5) the current budget for the board;
11-14 (6) the results of the most recent formal audit of the
11-15 board;
11-16 (7) the requirements of the:
11-17 (A) open meetings law, Chapter 551, Government
11-18 Code;
11-19 (B) open records law, Chapter 552, Government
11-20 Code; and
11-21 (C) administrative procedure law, Chapter 2001,
11-22 Government Code;
11-23 (8) the requirements of the conflict of interest laws
11-24 and other laws relating to public officials; and
11-25 (9) any applicable ethics policies adopted by the
11-26 board or the Texas Ethics Commission.
11-27 SECTION 2. Article 8402, Revised Statutes, is amended to
12-1 read as follows:
12-2 Art. 8402. REGISTERING NAME AND LOCATION. (a) Every
12-3 person, firm, or corporation owning, operating or managing a barber
12-4 shop or specialty shop shall register his full name and the
12-5 location of said shop with the Texas [State] Board of Barber and
12-6 Cosmetologist Examiners and must hold a permit for that shop. An
12-7 applicant for a barber shop permit or specialty shop permit must
12-8 submit an application to the [barber] board for the appropriate
12-9 permit.
12-10 (b) In order that the public may fix responsibility for
12-11 services, acts, or treatments performed by a barber [persons]
12-12 licensed by the Texas [State] Board of Barber and Cosmetologist
12-13 Examiners vis-a-vis those performed by a cosmetologist [persons]
12-14 licensed by that board [the Texas Cosmetology Commission], to
12-15 promote the efficient and orderly administration of laws regulating
12-16 barbers and the practice of barbering and the laws regulating
12-17 cosmetologists and the practice of cosmetology, and to avoid
12-18 confusion of the public [as well as avoiding conflicts of
12-19 jurisdiction between such board and commission which might impede
12-20 effective administration or enforcement of the laws under their
12-21 respective jurisdictions]:
12-22 (1) a person licensed as a [by the] barber by the
12-23 board may practice only at a location for which the board has
12-24 issued a barber shop permit, specialty shop permit, barber school
12-25 or college permit, or any other permit[. If the State Board of
12-26 Barber Examiners and the Texas Cosmetology Commission license the
12-27 same facility, the board may not adopt rules restricting or
13-1 prohibiting the practice by a Class A barber, manicurist, or wig
13-2 specialist in the facility]; and
13-3 (2) a person licensed as a cosmetologist by the board
13-4 [cosmetology commission] may practice cosmetology only at a
13-5 location for which the board [commission] has issued a beauty shop
13-6 license, private beauty culture school license, or any other
13-7 license. [If the State Board of Barber Examiners and the Texas
13-8 Cosmetology Commission license the same facility, the commission
13-9 may not adopt rules restricting or prohibiting the practice by a
13-10 cosmetologist in the facility.]
13-11 (c) [If the State Board of Barber Examiners and the Texas
13-12 Cosmetology Commission license the same facility, the agencies may
13-13 not adopt rules requiring:]
13-14 [(1) that the work areas of barbers and cosmetologists
13-15 practicing in the facility be separated;]
13-16 [(2) that the waiting areas for customers of the
13-17 barbers and cosmetologists practicing in the facility be separated;]
13-18 [(3) that the facility have separate restrooms for the
13-19 barbers or cosmetologists practicing in the facility or for the
13-20 customers of the barbers and cosmetologists; or]
13-21 [(4) that the barbers and cosmetologists practicing in
13-22 the facility or the customers of the barbers and cosmetologists be
13-23 treated separately from each other in any similar manner.]
13-24 [(d)] There shall at all times be prominently displayed in
13-25 each shop and salon regulated under this Act[,] a sign in letters
13-26 no smaller than one inch in height, the contents of which shall
13-27 contain the name, mailing address, and telephone number of the
14-1 [regulatory] board [having jurisdiction over those individuals
14-2 licensed under this Act] and [which shall contain] a statement
14-3 informing consumers that complaints against licensees can be
14-4 directed to the [regulatory] board.
14-5 SECTION 3. Section 1, Chapter 65, Acts of the 41st
14-6 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-7 Texas Civil Statutes), is amended to read as follows:
14-8 Sec. 1. It shall be unlawful for any person to engage in the
14-9 practice or attempt to practice barbering in the State of Texas
14-10 without a certificate or registration as a registered barber issued
14-11 pursuant to the provisions of this Act[,] by the Texas Board of
14-12 Barber and Cosmetologist Examiners [hereinafter created].
14-13 SECTION 4. Sections 3(g) and (h), Chapter 65, Acts of the
14-14 41st Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
14-15 Texas Civil Statutes), are amended to read as follows:
14-16 (g) No person may operate a barber shop unless the shop is
14-17 at all times under the sole and exclusive supervision and
14-18 management of a registered Class A barber[,] and no person is
14-19 practicing on the premises by authority of a cosmetologist [any]
14-20 license, permit, or certificate issued by the board [Texas
14-21 Cosmetology Commission].
14-22 (h) A person operating under a permit who wishes to move his
14-23 operation to another location approved by the board may do so by
14-24 notifying the board 10 [Board of Barber Examiners ten] days before
14-25 he makes the move.
14-26 SECTION 5. Sections 4(a)-(l), Chapter 65, Acts of the 41st
14-27 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
15-1 Texas Civil Statutes), are amended to read as follows:
15-2 (a) "Barber" ["barber"] shall mean any person who
15-3 performs, offers, or attempts to perform any act of barbering,
15-4 professes to do barbering or to be engaged in the practice thereof,
15-5 or who directly or indirectly or in any manner whatsoever
15-6 advertises or holds himself out as a barber or as authorized to
15-7 practice barbering.[;]
15-8 (b) "Barbering," ["barbering,"] "practicing
15-9 barbering," or the "practice of barbering" shall mean the
15-10 performing or doing, or offering or attempting to do or perform,
15-11 any, all or any combination of the following acts, services, works,
15-12 treatments, or undertakings:
15-13 (1) arranging, beautifying, coloring,
15-14 processing, shaving, styling, or trimming the mustache or beard by
15-15 any means or method;
15-16 (2) arranging, beautifying, bleaching,
15-17 cleansing, coloring, curling, dressing, dyeing, processing,
15-18 shampooing, shaping, singeing, straightening, styling, tinting,
15-19 waving, or otherwise treating the hair as primary services,
15-20 treatments, or undertakings by any means or method, including any
15-21 bobbing, clipping, cutting, or trimming of the hair as a necessary
15-22 incident preparatory or ancillary to such primary services;
15-23 (3) cutting the hair as a primary service,
15-24 treatment, or undertaking and not as a necessary incident
15-25 preparatory or ancillary to those primary services enumerated in
15-26 Section 4(b)(2), or primarily engaging in the occupation of cutting
15-27 hair or practicing primarily as a haircutter by cutting hair as a
16-1 separate and independent service, treatment, or undertaking for
16-2 which haircut a charge is made, as such, separate and apart from
16-3 any other service, treatment, or undertaking, directly or
16-4 indirectly, or in any manner whatsoever;
16-5 (4) cleansing, stimulating, or massaging the
16-6 scalp, face, neck, arms, or shoulders by means of the hands,
16-7 devices, apparatuses, or appliances, with or without the use of
16-8 cosmetic preparations, antiseptics, tonics, lotions, or creams;
16-9 (5) beautifying the face, neck, arms, or
16-10 shoulders by the use of cosmetic preparations, antiseptics, tonics,
16-11 lotions, powders, oils, clays, creams, or appliances;
16-12 (6) cutting, trimming, polishing, tinting,
16-13 coloring, cleansing, manicuring, or pedicuring the nails of any
16-14 person or attaching false nails;
16-15 (7) massaging, cleansing, treating, or
16-16 beautifying the hands of any person;
16-17 (8) administering facial treatments;
16-18 (9) hair weaving;
16-19 (10) shampooing or conditioning hair;
16-20 (11) servicing a wig, toupee, or artificial
16-21 hairpiece on a human head or on a block, subsequent to the initial
16-22 retail sale by any of the acts, services, works, treatments, or
16-23 undertakings enumerated in Section 4(b)(2) of this Act;
16-24 (12) advertising or holding out to the public by
16-25 any manner whatsoever that any person is a barber or authorized to
16-26 practice barbering;
16-27 (13) advertising or holding out to the public by
17-1 any manner whatsoever that any location or place of business is a
17-2 barber shop, specialty shop, barber school, barber college, or
17-3 barber salon; and
17-4 (14) receiving any fee, salary, compensation, or
17-5 financial benefit, or the promise of any fee, salary, compensation,
17-6 or financial benefit, for performing, doing, offering, or
17-7 attempting to perform or do any act, work, service, or thing, which
17-8 is any part of the practice of barbering as herein defined.[;]
17-9 (c) "Barber ["barber] shop" or "barber salon" shall
17-10 mean any place where barbering is practiced, offered, or attempted
17-11 to be practiced except when such place is duly licensed as a barber
17-12 school or college.[;]
17-13 (d) "Board" ["board"] shall mean the Texas [State]
17-14 Board of Barber and Cosmetologist Examiners. [as established and
17-15 provided for in the Texas Barber Law;]
17-16 (e) "Certificate" ["certificate"] shall mean a
17-17 certificate of registration issued by the board in accordance with
17-18 the provisions of this Act.[;]
17-19 (f) "License" ["license"] shall mean any license
17-20 issued by the board in accordance with the provisions of this
17-21 Act.[;]
17-22 (g) "Manager" ["manager"] shall mean any person who
17-23 controls or directs the business affairs of a barber shop or
17-24 directs the work of a person employed in a barber shop or both.[;]
17-25 (h) "Manicurist ["manicurist] specialty shop" shall
17-26 mean any place where only the practice of barbering as defined by
17-27 Sections 4(b)(6) and (7) of this Act is performed for
18-1 compensation.[;]
18-2 (i) "Permit" ["permit"] shall mean any permit issued
18-3 by the board in accordance with the provisions of this Act.[;]
18-4 (j) "Person" ["person"] shall mean any individual,
18-5 association, firm, corporation, partnership, or other legal
18-6 entity.[;]
18-7 (k) "Specialty ["specialty] shop" shall mean a
18-8 manicurist specialty shop or a wig specialty shop.[;]
18-9 (l) "Wig ["wig] specialty shop" shall mean any place
18-10 where only the practice of barbering as defined by Section 4(b)(11)
18-11 of this Act is performed for compensation.
18-12 SECTION 6. Section 6, Chapter 65, Acts of the 41st
18-13 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
18-14 Texas Civil Statutes), is amended to read as follows:
18-15 Sec. 6. The following persons shall be exempt from the
18-16 provisions of this Act, provided such persons are not represented,
18-17 advertised, or held out to the public, directly or indirectly, or
18-18 in any manner whatsoever, as barbers, journeymen barbers, barber
18-19 technicians, or under any name, title, or designation indicating
18-20 such person is authorized to practice by authority of any license
18-21 or permit issued by the board:
18-22 (1) a doctor of medicine, doctor of osteopathic
18-23 medicine, or registered nurse licensed and regulated by the State
18-24 of Texas while operating within the scope of that person's license;
18-25 (2) commissioned or authorized medical or surgical
18-26 officers of the United States Army, Navy, or Marine Hospital
18-27 Service;
19-1 (3) persons licensed or practicing by authority of the
19-2 board [Texas Cosmetology Commission] under the provisions of
19-3 Chapter 1036, Acts of the 62nd Legislature, Regular Session, 1971
19-4 (Article 8451a, Vernon's Texas Civil Statutes), so long as such
19-5 persons practice within the scope of the license or permit duly
19-6 issued by the board [Texas Cosmetology Commission]; or
19-7 (4) an inmate incarcerated in the Texas Department of
19-8 Criminal Justice [Corrections] who performs barbering during the
19-9 period of incarceration.
19-10 SECTION 7. Section 11(b), Chapter 65, Acts of the 41st
19-11 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-12 Texas Civil Statutes), is amended to read as follows:
19-13 (b) No examination shall be held at a barber school,
19-14 college, or shop owned, managed, or operated by a member of the
19-15 board [State Board of Barber Examiners].
19-16 SECTION 8. Section 13, Chapter 65, Acts of the 41st
19-17 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
19-18 Texas Civil Statutes), is amended to read as follows:
19-19 Sec. 13. PERMIT TO PRACTICE AS JOURNEYMAN BARBER. Any
19-20 person who is at least 16-1/2 [sixteen and one-half] years of age,
19-21 and who has a diploma showing graduation from a seven-grade grammar
19-22 school, or its equivalent as determined by an examination conducted
19-23 by the board [Board], and either
19-24 (a) Has a license or certificate of registration as a
19-25 practicing barber from another State or country, which has
19-26 substantially the same requirements for licensing or registering
19-27 barbers as required by this Act, or
20-1 (b) Who can prove by personal affidavit that he has
20-2 practiced as a barber in another State for at least two years
20-3 immediately prior to making application in this State, and who
20-4 possesses the qualifications required by this Act, shall, upon
20-5 payment of the required fee, be issued a permit to practice as a
20-6 journeyman barber only until he is called by the board [Board of
20-7 Barber Examiners] to determine his fitness to receive a certificate
20-8 of registration to practice barbering. Should such applicant fail
20-9 to pass the required examination he shall be allowed to practice as
20-10 a journeyman barber until he is called by the board [Board] for the
20-11 next term of examination. Should he fail at the examination he
20-12 must cease to practice barbering in this State.
20-13 SECTION 9. Section 15A(f), Chapter 65, Acts of the 41st
20-14 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
20-15 Texas Civil Statutes), is amended to read as follows:
20-16 (f) A person who holds a license, permit, or certificate to
20-17 practice cosmetology issued by the board [Texas Cosmetology
20-18 Commission] may not practice under that authority at a manicurist
20-19 specialty shop regulated under this Act.
20-20 SECTION 10. Section 16(c), 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 (c) The application shall be made on a form prescribed by
20-24 the board [commission] and a $10 administration fee must accompany
20-25 the application.
20-26 SECTION 11. Section 18(f), Chapter 65, Acts of the 41st
20-27 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-1 Texas Civil Statutes), is amended to read as follows:
21-2 (f) A person who holds a license, permit, or certificate to
21-3 practice cosmetology issued by the board [Texas Cosmetology
21-4 Commission] may not practice under that authority at a wig
21-5 specialty shop regulated under this Act.
21-6 SECTION 12. Section 23a, 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 Sec. 23a. DUPLICATE CERTIFICATES. A duplicate registrant
21-10 certificate may be issued by the board [Board of Barber Examiners]
21-11 on written application of the registrant and payment of a fee not
21-12 to exceed $10.
21-13 SECTION 13. Section 27a(a), 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 (a) No barber inspector or other employee of the board
21-17 [State Board of Barber Examiners] may sell barber supplies or
21-18 engage in any other business which deals directly with barbers,
21-19 barber shops, specialty shops, or barber schools except that he may
21-20 engage in the practice of barbering.
21-21 SECTION 14. Section 28(a), Chapter 65, Acts of the 41st
21-22 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
21-23 Texas Civil Statutes), is amended to read as follows:
21-24 (a) The Texas Board of Health shall make, establish and
21-25 promulgate reasonable sanitary rules and regulations for the
21-26 conduct of barber shops, specialty shops, and barber schools. The
21-27 board [State Board of Barber Examiners], by and through the Texas
22-1 Department of Health, shall have authority, and it is made its duty
22-2 to enter upon the premises of all barber shops, specialty shops,
22-3 barber schools, or any place at which the board [State Board of
22-4 Barber Examiners] has probable cause to believe that any of its
22-5 certificate holders or licensees are practicing illegally and
22-6 inspect same at any time during business hours. On receipt of a
22-7 formal written complaint by any person that a person who holds a
22-8 barber or teacher certificate or license or a barber school, barber
22-9 college, or barber shop permit issued by the board [State Board of
22-10 Barber Examiners] has violated this Act, that board may inspect the
22-11 premises of the licensee or certificate holder to investigate the
22-12 complaint at any time during business hours. A copy of such
22-13 sanitary rules and regulations adopted by the Texas Board of Health
22-14 shall be furnished to the executive director of the board [State
22-15 Board of Barber Examiners] who shall in turn forward to each
22-16 barber, barber school or licensee of the board a copy of such rules
22-17 and regulations. A copy of the sanitary rules and regulations
22-18 promulgated and adopted by the Texas Board of Health shall be
22-19 posted in barber shops, specialty shops, and barber schools in this
22-20 State. Subject only to the authority of the Texas Board of Health
22-21 to make and promulgate reasonable rules and regulations as to
22-22 sanitation, the board [State Board of Barber Examiners] shall have
22-23 full authority and power to make and enforce all rules and
22-24 regulations necessary for the performance of its duties, to
22-25 establish standards of conduct and ethics for all persons licensed
22-26 or practicing under the provisions of this Act, and to regulate the
22-27 practice and teaching of barbering in all of its particulars in
23-1 keeping with the purposes and intent of this Act or to insure
23-2 strict compliance with and enforcement of this Act.
23-3 SECTION 15. Section 29, Chapter 65, Acts of the 41st
23-4 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
23-5 Texas Civil Statutes), is amended to read as follows:
23-6 Sec. 29. RECORDS OF BOARD. [(a)] The board [Board] shall
23-7 keep a record of its proceedings relating to the issuance, refusal,
23-8 renewal, suspension, and revocation of certificates of
23-9 registration, licenses, or permits. This record shall also contain
23-10 the name, place of business, and residence of each registered
23-11 barber, licensee, or permittee, and the date and number of his
23-12 certificate of registration, license, or permit. This record shall
23-13 be open to public inspection at all reasonable times.
23-14 [(b) The Board shall prepare information of public interest
23-15 describing the functions of the Board and the procedures by which
23-16 complaints are filed with and resolved by the Board. The Board
23-17 shall make the information available to the public and appropriate
23-18 state agencies.]
23-19 [(c) The Board by rule shall establish methods by which
23-20 consumers and service recipients are notified of the name, mailing
23-21 address, and telephone number of the Board for the purpose of
23-22 directing complaints to the Board. The Board may provide for that
23-23 notification:]
23-24 [(1) on each registration form, application, or
23-25 written contract for services of an individual or entity regulated
23-26 by the Board;]
23-27 [(2) on a sign prominently displayed in the place of
24-1 business of each individual or entity regulated under this Act; or]
24-2 [(3) in a bill for service provided by an individual
24-3 or entity regulated by the Board.]
24-4 [(d) The Board shall develop and implement policies that
24-5 provide the public with a reasonable opportunity to appear before
24-6 the Board and to speak on any issue under the jurisdiction of the
24-7 Board.]
24-8 [(e) The Board shall prepare and maintain a written plan
24-9 that describes how a person who does not speak English or who has a
24-10 physical, mental, or developmental disability may be provided
24-11 reasonable access to the Board's programs.]
24-12 SECTION 16. Section 1(2), Chapter 1036, Acts of the 62nd
24-13 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-14 Civil Statutes), is amended to read as follows:
24-15 (2) "Board" ["Commission"] means the Texas Board of
24-16 Barber and Cosmetologist Examiners [Cosmetology Commission].
24-17 SECTION 17. Section 4, Chapter 1036, Acts of the 62nd
24-18 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
24-19 Civil Statutes), is amended to read as follows:
24-20 Sec. 4. POWERS AND DUTIES OF BOARD [THE COMMISSION]. (a)
24-21 [The commission may issue rules consistent with this Act after a
24-22 public hearing in accordance with the Administrative Procedure and
24-23 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
24-24 Statutes).]
24-25 [(b)] The board [commission] may not adopt rules restricting
24-26 competitive bidding or advertising by a person regulated by the
24-27 board under this Act [commission] except to prohibit false,
25-1 misleading, or deceptive practices by that person.
25-2 (b) [(c)] The board [commission] may not include in the
25-3 rules under this Act rules to prohibit false, misleading, or
25-4 deceptive practices by a person regulated by the board under this
25-5 Act [commission] a rule that:
25-6 (1) restricts the use of any medium for advertising;
25-7 (2) restricts the person's personal appearance or the
25-8 use of the person's voice in an advertisement;
25-9 (3) relates to the size or duration of an
25-10 advertisement by the person; or
25-11 (4) restricts the person's advertisement under a trade
25-12 name.
25-13 (c) [(d)] The board [commission] shall prescribe the minimum
25-14 curricula of the subjects and hours of each to be taught by private
25-15 beauty culture schools and vocational cosmetology programs in
25-16 public schools.
25-17 (d) [(e)] The board [commission] shall establish under this
25-18 Act sanitation rules designed to prevent the spread of infectious
25-19 or contagious diseases.
25-20 (e) [(f)] The board [commission] may recognize, prepare, or
25-21 administer continuing education programs for the practice of
25-22 cosmetology. Participation in the programs is voluntary.
25-23 (f) [(g) The commission shall provide to its members and
25-24 employees, as often as necessary, information regarding their
25-25 qualifications for office or employment under this Act and their
25-26 responsibilities under applicable laws relating to standards of
25-27 conduct for state officers or employees.]
26-1 [(h) The commission shall develop and implement policies
26-2 that clearly define the respective responsibilities of the
26-3 commission and the staff of the commission.]
26-4 [(i) The commission shall develop and implement policies
26-5 that provide the public with a reasonable opportunity to appear
26-6 before the commission and to speak on any issue under the
26-7 jurisdiction of the commission.]
26-8 [(j) The commission shall prepare and maintain a written
26-9 plan that describes how a person who does not speak English or who
26-10 has a physical, mental, or developmental disability can be provided
26-11 reasonable access to the commission's programs.]
26-12 [(k) The commission shall set and monitor hiring goals for
26-13 women and minorities for each program area of the agency and shall
26-14 coordinate recruiting efforts with student organizations and other
26-15 groups able to assist in meeting those hiring goals. The executive
26-16 director shall prepare and submit a report to the commission not
26-17 later than February 1 of each year outlining the progress of the
26-18 agency in the recruitment and hiring of women and minority job
26-19 applicants.]
26-20 [(l)] The board [commission] may request and, if necessary,
26-21 compel by subpoena the attendance of witnesses for examination
26-22 under oath and the production for inspection and copying of books,
26-23 accounts, records, papers, correspondence, documents, and other
26-24 evidence relevant to the investigation of alleged violations of
26-25 this Act. If a person fails to comply with a subpoena issued under
26-26 this subsection, the board [commission], acting through the
26-27 attorney general, may file suit to enforce the subpoena in a
27-1 district court in Travis County or in the county in which a hearing
27-2 conducted by the board [commission] may be held. The court, if it
27-3 determines that good cause exists for the issuance of the subpoena,
27-4 shall order compliance with the requirements of the subpoena.
27-5 Failure to obey the order of the court may be punished by the court
27-6 as contempt.
27-7 [(m) The commission by rule shall establish and assess on
27-8 all persons and entities licensed or regulated under this Act
27-9 reasonable and necessary fees in amounts necessary to administer
27-10 this Act.]
27-11 SECTION 18. Sections 10(b), (c), and (d), Chapter 1036, Acts
27-12 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
27-13 Vernon's Texas Civil Statutes), are amended to read as follows:
27-14 (b) An applicant for an operator license must be at least 17
27-15 years of age, have completed the seventh grade or its equivalent,
27-16 and have completed 1,500 hours of instruction in a licensed beauty
27-17 culture school or 1,000 hours of instruction in beauty culture
27-18 courses and 500 hours of related high school courses prescribed by
27-19 the board [commission] in a public school vocational program.
27-20 (c) The application must be made on a form prescribed by the
27-21 board [commission] and must be filed at least 10 days before the
27-22 date set for the examination.
27-23 (d) The applicant is entitled to an operator license if the
27-24 applicant possesses the qualifications enumerated in Subsection (b)
27-25 of this section, satisfactorily completes the examination, pays the
27-26 license fee prescribed by the board [commission], and has not
27-27 committed an act that constitutes a ground for denial of a license.
28-1 SECTION 19. Sections 11(b), (c), and (d), Chapter 1036, Acts
28-2 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-3 Vernon's Texas Civil Statutes), are amended to read as follows:
28-4 (b) An applicant for a manicurist license must be at least
28-5 17 years of age, have completed the seventh grade or its
28-6 equivalent, and have completed 600 hours of instruction in
28-7 manicuring through a training program approved by the board
28-8 [commission].
28-9 (c) The application must be made on a form prescribed by the
28-10 board [commission] and must be filed at least 10 days before the
28-11 date set for the examination.
28-12 (d) The applicant is entitled to a manicurist license if the
28-13 applicant possesses the qualifications enumerated in Subsection (b)
28-14 of this section, satisfactorily completes the examination, pays the
28-15 license fee prescribed by the board [commission], and has not
28-16 committed an act that constitutes a ground for denial of a license.
28-17 SECTION 20. Sections 12(b), (c), (d), and (e), Chapter 1036,
28-18 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
28-19 Vernon's Texas Civil Statutes), are amended to read as follows:
28-20 (b) An applicant for an instructor license must be at least
28-21 18 years of age, have completed the 12th grade or its equivalent,
28-22 have a valid operator license, and have completed a course
28-23 consisting of 750 hours of instruction in cosmetology courses and
28-24 methods of teaching in a licensed private beauty culture school or
28-25 in a vocational training program of a publicly financed
28-26 postsecondary institution or at least two years of verifiable
28-27 experience as a licensed operator and at least 250 hours of
29-1 instruction in cosmetology in a training program approved by the
29-2 board [commission].
29-3 (c) The application must be on a form prescribed by the
29-4 board [commission] and must be filed at least 10 days before the
29-5 date set for the examination.
29-6 (d) The applicant is entitled to an instructor license if
29-7 the applicant possesses qualifications enumerated in Subsection (b)
29-8 of this section, satisfactorily completes the examination, pays the
29-9 license fee prescribed by the board [commission], and has not
29-10 committed an act that constitutes a ground for denial of a license.
29-11 (e) The board [commission] shall establish rules for the
29-12 licensing of specialty instructors to teach specialty courses in
29-13 the practice of cosmetology as defined in Paragraphs (D) and (F) of
29-14 Subdivision (3) of Section 1 of this Act.
29-15 SECTION 21. Sections 13(b), (c), (d), and (e), Chapter 1036,
29-16 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
29-17 Vernon's Texas Civil Statutes), are amended to read as follows:
29-18 (b) An applicant for a specialty certificate must be at
29-19 least 17 years of age, have completed the seventh grade or its
29-20 equivalent, and have the necessary requisites as determined by the
29-21 board [commission] in the particular specialty in which
29-22 certification is sought, including training through a training
29-23 program approved by the board [commission].
29-24 (c) The application must be on a form prescribed by the
29-25 board [commission].
29-26 (d) The applicant is entitled to a speciality certificate if
29-27 the applicant possesses the qualifications enumerated in Subsection
30-1 (b) of this section, pays the certificate fee prescribed by the
30-2 board [commission], and has not committed an act that constitutes a
30-3 ground for denial of a certificate.
30-4 (e) Subsection (a) of this section does not apply to an
30-5 individual who has an instructor license or operator license issued
30-6 by the board [commission].
30-7 SECTION 22. Sections 13A(b), (c), (d), and (e), Chapter
30-8 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
30-9 8451a, Vernon's Texas Civil Statutes), are amended to read as
30-10 follows:
30-11 (b) An applicant for a facialist specialty license must be
30-12 at least 17 years of age, have completed the seventh grade or its
30-13 equivalent, and have the necessary requisites as determined by the
30-14 board [commission] in the facialist specialty.
30-15 (c) The application must be on a form prescribed by the
30-16 board [commission] and must be filed at least 10 days before the
30-17 date set for examination.
30-18 (d) The applicant is entitled to a facialist speciality
30-19 license if the applicant possesses the qualifications enumerated in
30-20 Subsection (b) of this section, satisfactorily completes the
30-21 examination, pays the license fee prescribed by the board
30-22 [commission], and has not committed an act that constitutes a
30-23 ground for denial of a license.
30-24 (e) Subsection (a) of this section does not apply to an
30-25 individual who has an instructor license or operator license issued
30-26 by the board [commission].
30-27 SECTION 23. Section 15(b), Chapter 1036, Acts of the 62nd
31-1 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-2 Civil Statutes), is amended to read as follows:
31-3 (b) A temporary license shall be issued on submission of an
31-4 application form prescribed by the board [commission] and payment
31-5 of the temporary license fee prescribed by the board [commission]
31-6 if the applicant meets the requirements of Subsection (a) of this
31-7 section.
31-8 SECTION 24. Section 16, Chapter 1036, Acts of the 62nd
31-9 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-10 Civil Statutes), is amended to read as follows:
31-11 Sec. 16. DUPLICATE LICENSE OR CERTIFICATE. (a) A duplicate
31-12 license or certificate shall be issued upon application on a form
31-13 prescribed by the board [commission] and on the payment of the fee
31-14 prescribed by the board [commission].
31-15 (b) A transcript shall be given to licensees under this Act
31-16 upon application on a form prescribed by the board [commission] and
31-17 payment of the fee prescribed by the board [commission].
31-18 SECTION 25. Section 17(b), Chapter 1036, Acts of the 62nd
31-19 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-20 Civil Statutes), is amended to read as follows:
31-21 (b) The applicant shall submit an application on a form
31-22 prescribed by the board [commission] and pay the fee prescribed by
31-23 the board [commission], plus the applicable license or
31-24 certification fee.
31-25 SECTION 26. Section 18(b), Chapter 1036, Acts of the 62nd
31-26 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
31-27 Civil Statutes), is amended to read as follows:
32-1 (b) A student permit shall be issued on submission of an
32-2 application form prescribed by the board [commission] and payment
32-3 of the fee prescribed by the board [commission], which must
32-4 accompany the application.
32-5 SECTION 27. Sections 19(b), (c), (d), and (e), Chapter 1036,
32-6 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
32-7 Vernon's Texas Civil Statutes), are amended to read as follows:
32-8 (b) An applicant for a beauty shop license must submit an
32-9 application on a form prescribed by the board [commission]. The
32-10 application must contain proof of the particular requisites for a
32-11 beauty shop as established by the board [commission] and must be
32-12 verified by the applicant. With the application, the applicant
32-13 must submit the inspection fee prescribed by the board
32-14 [commission].
32-15 (c) The applicant is entitled to a beauty shop license if
32-16 the application shows compliance with the rules of the board
32-17 [commission], the license fee prescribed by the board [commission]
32-18 is paid, and the applicant has not committed an act that
32-19 constitutes a ground for denial of a license.
32-20 (d) In order that the public may fix responsibility for
32-21 services, acts, or treatments performed by persons licensed as
32-22 barbers by the board [State Board of Barber Examiners] vis-a-vis
32-23 those performed by persons licensed as cosmetologists by the board
32-24 [Texas Cosmetology Commission], and to promote the efficient and
32-25 orderly administration of laws regulating barbers and the practice
32-26 of barbering and the laws regulating cosmetologists and the
32-27 practice of cosmetology[, and to avoid confusion of the public as
33-1 well as avoiding conflicts of jurisdiction between such board and
33-2 commission which might impede effective administration or
33-3 enforcement of the laws under their respective jurisdictions, from
33-4 and after January 31, 1980]:
33-5 (1) a person licensed to practice barbering by the
33-6 [barber] board may practice barbering only at a location for which
33-7 the board has issued a barber shop permit, barber school or college
33-8 permit, or any other permit[. If the State Board of Barber
33-9 Examiners and the Texas Cosmetology Commission license the same
33-10 facility, the board may not adopt rules restricting or prohibiting
33-11 the practice by a Class A barber in the facility]; and
33-12 (2) a person licensed to practice cosmetology by the
33-13 board [cosmetology commission] may practice cosmetology only at a
33-14 location for which the board [commission] has issued a beauty shop
33-15 license, private beauty culture school license, or any other
33-16 license. [If the State Board of Barber Examiners and the Texas
33-17 Cosmetology Commission license the same facility, the commission
33-18 may not adopt rules restricting or prohibiting the practice by a
33-19 cosmetologist in the facility.]
33-20 [(e) If the State Board of Barber Examiners and the Texas
33-21 Cosmetology Commission license the same facility, the agencies may
33-22 not adopt rules requiring:]
33-23 [(1) that the work areas of barbers and cosmetologists
33-24 practicing in the facility be separated;]
33-25 [(2) that the waiting areas for customers of the
33-26 barbers and cosmetologists practicing in the facility be separated;]
33-27 [(3) that the facility have separate restrooms for the
34-1 barbers or cosmetologists practicing in the facility or for the
34-2 customers of the barbers and cosmetologists; or]
34-3 [(4) that the barbers and cosmetologists practicing in
34-4 the facility or the customers of the barbers and cosmetologists be
34-5 treated separately from each other in any similar manner.]
34-6 SECTION 28. Sections 20(b), (c), and (d), Chapter 1036, Acts
34-7 of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
34-8 Vernon's Texas Civil Statutes), are amended to read as follows:
34-9 (b) An applicant for a specialty shop license must submit an
34-10 application on a form prescribed by the board [commission]. The
34-11 application must contain proof of the particular requisites for a
34-12 specialty shop as established by the board [commission] and must be
34-13 verified by the applicant. With the application, the applicant
34-14 must submit the inspection fee prescribed by the board
34-15 [commission].
34-16 (c) The applicant is entitled to a specialty shop license if
34-17 the application shows compliance with the rules and regulations of
34-18 the board [commission], the license fee prescribed by the board
34-19 [commission] is paid, and the applicant has not committed an act
34-20 that constitutes a ground for denial of a license.
34-21 (d) Subsection (b) of this section does not apply to a shop
34-22 operated under a beauty shop license issued by the board
34-23 [commission].
34-24 SECTION 29. Sections 20A(b), (c), and (d), Chapter 1036,
34-25 Acts of the 62nd Legislature, Regular Session, 1971 (Article 8451a,
34-26 Vernon's Texas Civil Statutes), are amended to read as follows:
34-27 (b) An applicant for a booth rental license must submit an
35-1 application on a form prescribed by the board [commission]. The
35-2 application must contain information as required by rule by the
35-3 board [commission] and must be verified by the applicant.
35-4 (c) The applicant is entitled to a booth rental license if
35-5 the applicant:
35-6 (1) pays the application fee set by the board
35-7 [commission] in an amount reasonable and necessary to cover the
35-8 costs of administering the booth rental licensing program;
35-9 (2) shows compliance with the rules of the board
35-10 [commission]; and
35-11 (3) has not committed an act that constitutes a ground
35-12 for denial of a license or certificate.
35-13 (d) The board [commission] shall adopt rules relating to the
35-14 information submitted for a booth rental license, including
35-15 information regarding the applicant's compliance with state and
35-16 federal tax laws.
35-17 SECTION 30. Sections 21(b), (c), (d), (e), and (k), Chapter
35-18 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
35-19 8451a, Vernon's Texas Civil Statutes), are amended to read as
35-20 follows:
35-21 (b) An applicant for a private beauty culture school license
35-22 must submit an application on a form prescribed by the board
35-23 [commission]. Each application must be verified by the applicant
35-24 and must contain:
35-25 (1) a detailed floor plan of the school building
35-26 divided into two separate areas, one for instruction in theory and
35-27 one clinic work area; and
36-1 (2) a statement that the building is fireproof and of
36-2 permanent type construction, contains a minimum of 3,500 square
36-3 feet of floor space, with separate restrooms for male and female
36-4 students, and contains or will contain before classes commence the
36-5 equipment established by rule of the board [commission] as
36-6 sufficient to properly instruct a minimum of 50 students.
36-7 (c) The board [commission] shall determine that an applicant
36-8 for a private beauty culture school license is financially sound
36-9 and capable of fulfilling the school's commitments for training
36-10 before granting the license.
36-11 (d) Each application for a private beauty culture school
36-12 license must be accompanied by payment of the license fee and
36-13 inspection fee prescribed by the board [commission]. Each
36-14 application for certification as a public secondary or public
36-15 postsecondary beauty culture school must be accompanied by the
36-16 inspection fee prescribed by the board [commission]. The
36-17 inspection fee is charged for each inspection trip required before
36-18 approval of the license or certificate.
36-19 (e) The facilities of each applicant shall be inspected.
36-20 The applicant is entitled to a private beauty culture school
36-21 license if the inspection shows that this Act and the rules of the
36-22 board [commission] have been met and the applicant has not
36-23 committed an act that constitutes a ground for denial of a license.
36-24 (k) If a refund is not made within the period required by
36-25 this section, the school shall pay interest on the refund for the
36-26 interval beginning with the first day following the expiration of
36-27 the refund period and ending with the day immediately preceding the
37-1 date the refund is made. If the refund is made to a lending
37-2 institution, the interest shall also be paid to that institution
37-3 and applied against the student's loan. The commissioner of
37-4 education annually shall establish the level of interest at a level
37-5 sufficient to provide a deterrent to the retention of student
37-6 funds. The board [commission] may exempt a school from the payment
37-7 of the interest if the school makes a good faith effort to refund
37-8 the tuition but is unable to locate the student. The school shall
37-9 provide to the board [commission] on request documentation of the
37-10 effort to locate the student.
37-11 SECTION 31. Sections 21A(a)-(e), Chapter 1036, Acts of the
37-12 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
37-13 Texas Civil Statutes), are amended to read as follows:
37-14 (a) At [In addition to the bond requirements imposed under
37-15 Section 21(c) of this Act, at] the time that each private beauty
37-16 culture school pays its annual renewal fee, in the years provided
37-17 by Subsection (c) of this section, the board [commission] shall
37-18 [also] collect a fee from the school for deposit in a special fund
37-19 established in the state treasury called the private beauty culture
37-20 school tuition protection fund.
37-21 (b) The board [commission] shall determine the amount of the
37-22 fee by applying a percentage to each school's annual renewal fee.
37-23 The percentage is the rate determined by the board [commission]
37-24 that, when applied to the total of all renewal fees, will result in
37-25 the collection of $200,000 for deposit in the fund in the first
37-26 three years that the fee is collected.
37-27 (c) Beginning on January 1, 1992, the board [commission]
38-1 shall collect the fee for three years. If on January 1, 1995, or
38-2 on January 1 of any subsequent year the amount in the fund is less
38-3 than $200,000, the board [commission] shall collect a fee during
38-4 that year by applying a percentage to each school's annual renewal
38-5 fee at a rate that will bring the balance of the fund to $200,000.
38-6 (d) The comptroller shall invest the fund in the same manner
38-7 as other state funds. Sufficient funds from the tuition protection
38-8 fund shall be appropriated to the board [commission] for the
38-9 purpose outlined in this section. The board [commission] shall
38-10 administer claims made against the fund.
38-11 (e) If a school closes, the board [commission] shall attempt
38-12 to arrange for students of the closed school to attend another
38-13 private beauty culture school.
38-14 SECTION 32. Section 21B, Chapter 1036, Acts of the 62nd
38-15 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
38-16 Civil Statutes), is amended to read as follows:
38-17 Sec. 21B. COURSE LENGTH AND CURRICULUM OF PRIVATE BEAUTY
38-18 CULTURE SCHOOL. (a) A private beauty culture school must submit
38-19 to the board [commission] for approval the course lengths and
38-20 curriculum content for each course offered by the school. The
38-21 course lengths and content may not be implemented unless the board
38-22 [commission] approves them. The course lengths and content shall
38-23 reasonably ensure that students develop the job skills and
38-24 knowledge necessary for employment.
38-25 (b) The board [commission] shall require a school to account
38-26 fully for all curriculum contents and course lengths before issuing
38-27 or renewing a license, and a school that is manipulating course
39-1 lengths below or above industry standards shall be placed on
39-2 probation until justification for the deviation is proved or the
39-3 practice ceases.
39-4 SECTION 33. Sections 22(b), (c), (d), (f), and (g), Chapter
39-5 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
39-6 8451a, Vernon's Texas Civil Statutes), are amended to read as
39-7 follows:
39-8 (b) Each holder of a private beauty culture school license
39-9 shall furnish to the board [commission]:
39-10 (1) the current course completion rates of students
39-11 who attend a course of instruction offered by the school; and
39-12 (2) job placement rates and employment rates of
39-13 students who complete a course of instruction.
39-14 (c) On the graduation of a student from a course of training
39-15 offered by a private beauty culture school or the student's
39-16 withdrawal or transfer from a course of training without completion
39-17 of the training, the private beauty culture school shall send the
39-18 board [commission] a certified written copy of the student's
39-19 record, indicating all course hours completed by the student and
39-20 whether the agreed tuition has been paid.
39-21 (d) A holder of a private beauty culture school license
39-22 shall furnish each prospective student with:
39-23 (1) a copy of the course outline;
39-24 (2) a schedule of the tuition and other fees assessed;
39-25 (3) the refund policy required under Section 21 of
39-26 this Act;
39-27 (4) school regulations relating to absences;
40-1 (5) the school grading policy;
40-2 (6) the school rules of operation and conduct;
40-3 (7) school regulations relating to incomplete grades;
40-4 (8) the name, mailing address, and telephone number of
40-5 the board [commission] for the purpose of directing complaints to
40-6 the board [commission]; and
40-7 (9) the current rates of job placement and employment
40-8 of students who complete a course of training.
40-9 (f) If the board [commission] has reasonable cause to
40-10 believe that a private beauty culture school has violated this Act
40-11 or a rule adopted under this Act, the board [commission] may order
40-12 a peer review of the school or suspend the admission of students to
40-13 the school. A peer review ordered under this subsection shall be
40-14 conducted by a peer review team composed of knowledgeable persons
40-15 selected by the board [commission]. The board [commission] shall
40-16 attempt to provide a balance on each team between members assigned
40-17 to the team who are from this state and those who are from other
40-18 states. The team shall provide the board [commission] with an
40-19 objective assessment of the content of the school's curriculum and
40-20 its application. The school under review shall pay the costs of
40-21 the peer review.
40-22 (g) A private beauty culture school that violates this Act
40-23 or a rule adopted under this Act is liable for a civil penalty in
40-24 addition to any injunctive relief or other remedy provided by law.
40-25 The civil penalty may not exceed $1,000 a day for each violation.
40-26 The attorney general, at the request of the board [commission], may
40-27 bring a civil action to collect a civil penalty under this
41-1 subsection. Civil penalties recovered in a suit brought under this
41-2 subsection shall be deposited in the state treasury to the credit
41-3 of the General Revenue Fund.
41-4 SECTION 34. Section 29, Chapter 1036, Acts of the 62nd
41-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
41-6 Civil Statutes), is amended to read as follows:
41-7 Sec. 29. RIGHT OF ACCESS. The board [commission], an
41-8 inspector, or any duly authorized representative of the board
41-9 [commission] may enter the premises of any licensee at any time
41-10 during normal business hours to determine whether the licensee is
41-11 in compliance with this Act and the rules of the board
41-12 [commission].
41-13 SECTION 35. Section 30, Chapter 1036, Acts of the 62nd
41-14 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
41-15 Civil Statutes), is amended to read as follows:
41-16 Sec. 30. EXAMINATIONS. (a) The board [commission] shall
41-17 use a written examination, selected by the board [commission], to
41-18 examine license applicants and may require a practical examination
41-19 for licenses and certificates issued under this Act, as the board
41-20 [commission] considers necessary. The written examination must be
41-21 validated by independent testing professionals or be purchased from
41-22 a national testing service. The board [commission] shall prescribe
41-23 the method and content of any practical examination.
41-24 (b) On receipt of a written request by a student, the board
41-25 [commission] may provide for the early written examination of a
41-26 cosmetology operator license student who has completed at least
41-27 1,000 hours of instruction in a training program approved by the
42-1 board [commission]. Agency inspectors may administer an
42-2 examination conducted under this subsection on-site at beauty
42-3 culture schools throughout the state.
42-4 (c) Examinations shall be conducted beginning the first of
42-5 each month unless it is a legal holiday, in which case the
42-6 examination shall begin on the following day. The site of the
42-7 examinations shall be announced at least six months prior to the
42-8 administration date. Examinations may not be conducted in the
42-9 schools of board [commission] members.
42-10 (d) Not later than the 30th day after the date on which an
42-11 examination is administered under this Act, the board [commission]
42-12 shall notify each examinee of the results of the examination.
42-13 However, except as otherwise provided by this subsection, if an
42-14 examination is graded or reviewed by a national testing service,
42-15 the board [commission] shall notify examinees of the results of the
42-16 examination not later than the 14th day after the date on which the
42-17 board [commission] receives the results from the testing service.
42-18 If the notice of examination results graded or reviewed by a
42-19 national testing service will be delayed for longer than 90 days
42-20 after the examination date, the board [commission] shall notify the
42-21 examinee of the reason for the delay before the 90th day. If the
42-22 examinee is a student in a vocational cosmetology program in a
42-23 public school, the board [commission] shall grade the examination
42-24 and may not submit the examination for grading by a national
42-25 testing service. If requested in writing by a person who fails the
42-26 examination, the board [commission] shall send to the person not
42-27 later than the 60th day after the day on which the request is
43-1 received by the board [commission] an analysis of the person's
43-2 performance on the examination.
43-3 SECTION 36. Sections 33(d)-(h), Chapter 1036, Acts of the
43-4 62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's
43-5 Texas Civil Statutes), are amended to read as follows:
43-6 (d) All licenses and certificates issued by the board
43-7 [commission] may be prorated for the number of months the license
43-8 or certificate will be valid.
43-9 (e) A license that has been expired for less than 30 days
43-10 may be renewed. A renewal license shall be issued on submission of
43-11 a completed application form prescribed by the board [commission]
43-12 and payment of the renewal fee, plus the delinquency fee prescribed
43-13 by the board [commission].
43-14 (f) Except as provided by Subsection (h) of this section, a
43-15 license that has been expired for more than 30 days but less than
43-16 five years may be renewed. A renewal license shall be issued on
43-17 submission of an application, payment of the fee established by
43-18 this Act for each year the license has been expired, and payment of
43-19 the delinquency fee prescribed by the board [commission].
43-20 (g) An applicant for renewal of a license that has been
43-21 expired for more than five years shall be issued a license on
43-22 submission of an application, payment of the examination fee,
43-23 satisfactory completion of the examination, and payment of the
43-24 reinstatement fee prescribed by the board [commission].
43-25 (h) A private beauty culture school license that has been
43-26 expired for more than 30 days may not be renewed. The licensee may
43-27 apply for an original license under the current requirements and
44-1 fees. The board [commission] may not accept credit hours for
44-2 examination after the 30th day of expiration of a license subject
44-3 to this subsection.
44-4 SECTION 37. Section 34, Chapter 1036, Acts of the 62nd
44-5 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
44-6 Civil Statutes), is amended to read as follows:
44-7 Sec. 34. RENEWAL FEES. (a) The board [commission] shall
44-8 prescribe renewal fees under this Act.
44-9 (b) The board [commission] by rule shall establish the
44-10 renewal fee for a booth rental license.
44-11 SECTION 38. Section 35, Chapter 1036, Acts of the 62nd
44-12 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
44-13 Civil Statutes), is amended to read as follows:
44-14 Sec. 35. VIOLATION. (a) If an inspector discovers a
44-15 violation of this Act or of a rule established by the board
44-16 [commission], the inspector shall:
44-17 (1) give written notice of the violation on a form
44-18 prescribed by the board [commission] to the violator; and
44-19 (2) file a complaint with the executive director.
44-20 (b) If a licensee commits a violation of this Act or a rule
44-21 adopted under this Act and the violation poses a serious threat to
44-22 the public health, the board [commission] shall initiate a suit for
44-23 injunction and proceedings for suspension or revocation of the
44-24 license.
44-25 SECTION 39. Sections 35A(a), (d), (g), (h), (i), (j), and
44-26 (n), Chapter 1036, Acts of the 62nd Legislature, Regular Session,
44-27 1971 (Article 8451a, Vernon's Texas Civil Statutes), are amended to
45-1 read as follows:
45-2 (a) The board [commission] may impose an administrative
45-3 penalty against a person licensed or regulated under this Act who
45-4 violates this Act or a rule or order adopted under this Act.
45-5 (d) The executive director, on a determination that a
45-6 violation has occurred, may issue to the board [commission] a
45-7 report that states the facts on which the determination is based
45-8 and the director's recommendation on the imposition of a penalty,
45-9 including a recommendation on the amount of the penalty.
45-10 (g) If the person accepts the determination and recommended
45-11 penalty of the executive director, the board [commission] by order
45-12 shall approve the determination and impose the recommended penalty.
45-13 (h) If the person requests a hearing or fails to respond
45-14 timely to the notice, the executive director shall set a hearing
45-15 and give notice of the hearing to the person. The hearing shall be
45-16 held by an administrative law judge of the State Office of
45-17 Administrative Hearings. The administrative law judge shall make
45-18 findings of fact and conclusions of law and promptly issue to the
45-19 board [commission] a proposal for a decision about the occurrence
45-20 of the violation and the amount of a proposed penalty. Based on
45-21 the findings of fact, conclusions of law, and proposal for a
45-22 decision, the board [commission] by order may find that a violation
45-23 has occurred and impose a penalty or may find that no violation
45-24 occurred.
45-25 (i) The notice of the board's [commission's] order given to
45-26 the person under Chapter 2001, Government Code, must include a
45-27 statement of the right of the person to judicial review of the
46-1 order.
46-2 (j) Within 30 days after the date the board's [commission's]
46-3 order becomes final as provided by Section 2001.144, Government
46-4 Code, the person shall:
46-5 (1) pay the amount of the penalty;
46-6 (2) pay the amount of the penalty and file a petition
46-7 for judicial review contesting the occurrence of the violation, the
46-8 amount of the penalty, or both the occurrence of the violation and
46-9 the amount of the penalty; or
46-10 (3) without paying the amount of the penalty, file a
46-11 petition for judicial review contesting the occurrence of the
46-12 violation, the amount of the penalty, or both the occurrence of the
46-13 violation and the amount of the penalty.
46-14 (n) Judicial review of the order of the board [commission]:
46-15 (1) is instituted by filing a petition as provided by
46-16 Subchapter G, Chapter 2001, Government Code; and
46-17 (2) is under the substantial evidence rule.
46-18 SECTION 40. Section 38(a), Chapter 1036, Acts of the 62nd
46-19 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
46-20 Civil Statutes), is amended to read as follows:
46-21 (a) The board [commission] may sue in district court to
46-22 enjoin or restrain a person from violating any section of this Act
46-23 or the board [commission] rules.
46-24 SECTION 41. Section 232.002, Family Code, is amended to read
46-25 as follows:
46-26 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
46-27 following state agencies are licensing authorities subject to this
47-1 chapter:
47-2 (1) Department of Agriculture;
47-3 (2) Texas Commission on Alcohol and Drug Abuse;
47-4 (3) Texas Alcoholic Beverage Commission;
47-5 (4) Texas Appraiser Licensing and Certification Board;
47-6 (5) Texas Board of Architectural Examiners;
47-7 (6) Texas Board of Barber and Cosmetologist Examiners
47-8 [State Board of Barber Examiners];
47-9 (7) Texas Board of Chiropractic Examiners;
47-10 (8) Comptroller of Public Accounts;
47-11 (9) [Texas Cosmetology Commission;]
47-12 [(10)] Court Reporters Certification Board;
47-13 (10) [(11)] State Board of Dental Examiners;
47-14 (11) [(12)] Texas State Board of Examiners of
47-15 Dietitians;
47-16 (12) [(13)] Texas Funeral Service Commission;
47-17 (13) [(14)] Texas Department of Health;
47-18 (14) [(15)] Texas Department of Human Services;
47-19 (15) [(16)] Texas Board of Professional Land
47-20 Surveying;
47-21 (16) [(17)] Texas Department of Licensing and
47-22 Regulation;
47-23 (17) [(18)] Texas State Board of Examiners of Marriage
47-24 and Family Therapists;
47-25 (18) [(19)] Texas State Board of Medical Examiners;
47-26 (19) [(20)] Midwifery Board;
47-27 (20) [(21)] Texas Natural Resource Conservation
48-1 Commission;
48-2 (21) [(22)] Board of Nurse Examiners;
48-3 (22) [(23)] Texas Board of Occupational Therapy
48-4 Examiners;
48-5 (23) [(24)] Texas Optometry Board;
48-6 (24) [(25)] Parks and Wildlife Department;
48-7 (25) [(26)] Texas State Board of Examiners of
48-8 Perfusionists;
48-9 (26) [(27)] Texas State Board of Pharmacy;
48-10 (27) [(28)] Texas Board of Physical Therapy Examiners;
48-11 (28) [(29)] Texas State Board of Plumbing Examiners;
48-12 (29) [(30)] Texas State Board of Podiatric Medical
48-13 Examiners;
48-14 (30) [(31)] Polygraph Examiners Board;
48-15 (31) [(32)] Texas Board of Private Investigators and
48-16 Private Security Agencies;
48-17 (32) [(33)] Texas State Board of Examiners of
48-18 Professional Counselors;
48-19 (33) [(34)] State Board of Registration for
48-20 Professional Engineers;
48-21 (34) [(35)] Department of Protective and Regulatory
48-22 Services;
48-23 (35) [(36)] Texas State Board of Examiners of
48-24 Psychologists;
48-25 (36) [(37)] Texas State Board of Public Accountancy;
48-26 (37) [(38)] Department of Public Safety of the State
48-27 of Texas;
49-1 (38) [(39)] Public Utility Commission of Texas;
49-2 (39) [(40)] Railroad Commission of Texas;
49-3 (40) [(41)] Texas Real Estate Commission;
49-4 (41) [(42)] State Bar of Texas;
49-5 (42) [(43)] Texas State Board of Social Worker
49-6 Examiners;
49-7 (43) [(44)] State Board of Examiners for
49-8 Speech-Language Pathology and Audiology;
49-9 (44) [(45)] Texas Structural Pest Control Board;
49-10 (45) [(46)] Board of Tax Professional Examiners;
49-11 (46) [(47)] Secretary of State;
49-12 (47) [(48)] Supreme Court of Texas;
49-13 (48) [(49)] Texas Transportation Commission;
49-14 (49) [(50)] State Board of Veterinary Medical
49-15 Examiners;
49-16 (50) [(51)] Board of Vocational Nurse Examiners;
49-17 (51) [(52)] Texas Ethics Commission;
49-18 (52) [(53)] Advisory Board of Athletic Trainers;
49-19 (53) [(54)] State Committee of Examiners in the
49-20 Fitting and Dispensing of Hearing Instruments;
49-21 (54) [(55)] Texas Board of Licensure for Professional
49-22 Medical Physicists; [and]
49-23 (55) [(56)] Texas Department of Insurance; and[.]
49-24 (56) [(57)] Texas Board of Orthotics and Prosthetics.
49-25 SECTION 42. (a) This Act takes effect September 1, 1999.
49-26 (b) The following laws are repealed:
49-27 (1) Sections 23, 26, 26a, 26b, 26c, 27, 29A, 29C, and
50-1 29D, Chapter 65, Acts of the 41st Legislature, 1st Called Session,
50-2 1929 (Article 8407a, Vernon's Texas Civil Statutes);
50-3 (2) Section 29B, Chapter 65, Acts of the 41st
50-4 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's
50-5 Texas Civil Statutes), as amended by Chapters 561 and 629, Acts of
50-6 the 72nd Legislature, Regular Session, 1991;
50-7 (3) Sections 2, 3, 5, 6, 8, 28, 37, and 41, Chapter
50-8 1036, Acts of the 62nd Legislature, Regular Session, 1971 (Article
50-9 8451a, Vernon's Texas Civil Statutes); and
50-10 (4) Section 7, Chapter 1036, Acts of the 62nd
50-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
50-12 Civil Statutes), as amended by Chapters 561 and 626, Acts of the
50-13 72nd Legislature, Regular Session, 1991.
50-14 (c) The State Board of Barber Examiners and the Texas
50-15 Cosmetology Commission are abolished but continue in existence
50-16 until September 1, 2000, for the sole purpose of transferring
50-17 obligations, property, rights, powers, and duties to the Texas
50-18 Board of Barber and Cosmetologist Examiners created under this Act.
50-19 The Texas Board of Barber and Cosmetologist Examiners assumes all
50-20 of the obligations, property, rights, powers, and duties of the
50-21 State Board of Barber Examiners and the Texas Cosmetology
50-22 Commission, as exercised by those agencies immediately before the
50-23 effective date of this Act. All unexpended funds appropriated to
50-24 the State Board of Barber Examiners and the Texas Cosmetology
50-25 Commission are transferred to the Texas Board of Barber and
50-26 Cosmetologist Examiners. The transfer of the obligations,
50-27 property, rights, powers, and duties of the State Board of Barber
51-1 Examiners and the Texas Cosmetology Commission to the Texas Board
51-2 of Barber and Cosmetologist Examiners must be completed not later
51-3 than September 1, 2000.
51-4 (d) All rules of the State Board of Barber Examiners and the
51-5 Texas Cosmetology Commission are continued in effect as rules of
51-6 the Texas Board of Barber and Cosmetologist Examiners until
51-7 superseded by a rule of the Texas Board of Barber and Cosmetologist
51-8 Examiners. A license, permit, or registration issued by the State
51-9 Board of Barber Examiners or the Texas Cosmetology Commission is
51-10 continued in effect as provided by the law in effect immediately
51-11 before the effective date of this Act. A complaint, investigation,
51-12 contested case, or other proceeding pending on the effective date
51-13 of this Act is continued without change in status after the
51-14 effective date of this Act.
51-15 SECTION 43. (a) In making the initial appointments to the
51-16 Texas Board of Barber and Cosmetologist Examiners, the governor
51-17 shall appoint:
51-18 (1) one person licensed as a barber, one person
51-19 licensed as a cosmetologist, and one public member to serve terms
51-20 expiring February 1, 2001;
51-21 (2) one person licensed as a barber, one person
51-22 licensed as a cosmetologist, and one public member to serve terms
51-23 expiring February 1, 2003; and
51-24 (3) one person licensed as a barber, one person
51-25 licensed as a cosmetologist, and one public member to serve terms
51-26 expiring February 1, 2005.
51-27 (b) An initial board member appointed under this section is
52-1 exempt from the board member training requirements under Section
52-2 14, Article 8475, Revised Statutes, as added by this Act.
52-3 SECTION 44. The importance of this legislation and the
52-4 crowded condition of the calendars in both houses create an
52-5 emergency and an imperative public necessity that the
52-6 constitutional rule requiring bills to be read on three several
52-7 days in each house be suspended, and this rule is hereby suspended.