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.