SRC-BWC S.B. 660 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 660
77R2900 GJH-DBy: Carona
State Affairs
3/19/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Board of Health is responsible for adopting sanitation
rules for Texas barbers.  The sanitation rules were last promulgated on
February 27, 1978, and have not been revised since that date.  The process
for adopting barber sanitation rules is cumbersome and unnecessary to
protect public health and safety.  Barber board members are better suited
through their education, training, and business experience to determine
sanitary rules for their profession in the same way sanitary rules for
cosmetologists are promulgated and adopted by the Cosmetology Commission.
Section 1601, Occupations Code, regulates the licensing and management of
barbers and barbershops.  Many portions of this section of the code need to
be substantially updated to reflect changes in the practice of barbering.
As proposed, S.B. 660 makes changes recommended by the Texas Board of
Barber Examiners (board) that will enable the board to more efficiently
regulate the practice of barbering.  This bill also transfers authority for
the adoption of sanitation rules from the Texas Department of Health to the
board.  The bill further creates a reciprocal license program for
out-of-state licensed barbers seeking to practice in the State of Texas.
Finally, S.B. 660 removes wig schools and wig specialists from the
regulatory oversight of the board. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Barber
Examiners in SECTION 2 (Section 1601.152, Occupations Code) in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1601.151(d), Occupations Code, by deleting text
regarding the authority of the Texas Board of Health.   

SECTION 2.  Amends Section 1601.152, Occupations Code, to require the State
Board of Barber Examiners (board), rather than the Texas Board of Health,
to adopt reasonable rules on sanitation for the operation of barbershops,
specialty shops, and barber schools.  Deletes text regarding the furnishing
of a copy of the board of health's rules.   

SECTION 3.  Amends Section 1601.154, Occupations Code, as follows:

 Sec. 1601.154.  New heading:  INSPECTION BY BOARD.  Makes a conforming
change. 

SECTION 4.  Amends Section 1601.257(b), Occupation Code, to require an
applicant for a manicurist license to have completed a board-approved
training program consisting of 600, rather than 300, hours of instruction
in manicuring. 

SECTION 5.  Amends Chapter 1601F, Occupations Code, by adding Section
1601.267, as follows: 

Sec. 1601.267.  RECIPROCAL LICENSE OR CERTIFICATE.  Authorizes a person who
holds a license, certificate, or permit to perform barbering from another
state or country that has the same standards or work experience
requirements of this chapter to apply for a license, certificate, or permit
to perform the same acts of barbering in this state that the person
practiced in the other state or country.  Requires the person to perform
certain  actions.  Provides that a person issued a license, certificate, or
permit is authorized to perform the acts of barbering stated on the
license, certificate, or permit and is subject to the renewal procedures
and fees provided in this chapter for the performance of those acts of
barbering. 

SECTION 6.  Amends Section 1601.303, Occupations Code, to require the board
to issue a barbershop permit to an applicant if the applicant has practiced
barbering for at least 12 months, and the shop meets the minimum health
standards for barbershops set by the board, rather than TDH, and all other
rules of the board. 

SECTION 7.  Amends Section 1601.305, Occupations Code, to make a conforming
change. 

SECTION 8.  Amends the heading of Chapter 1601H, Occupations Code, to read
as follows: 

 Subchapter H.  PERMITTING OF BARBER SCHOOLS

SECTION 9.  Amends Section 1601.354(a), Occupations Code, by deleting wig
instructor and wig specialist from the list of required hours of
instruction.  Makes a conforming change.   

SECTION 10.  Amends Chapter 1601H, Occupations Code, by adding Section
1601.3571, as follows: 

Sec. 1601.3571.  BARBER SCHOOL TUITION PROTECTION ACCOUNT.  Requires the
board to collect a fee from each barber school during that year by applying
a percentage to the schools' renewal fee at a rate that will bring the
balance of the account to $200,000, if on January 1 of any year the amount
in the barber school tuition protection account is less than $200,000.
Requires the comptroller to invest the account in the same manner as other
state funds.  Requires sufficient money from the account to be appropriated
to the board for the purpose of refunding unused tuition if a barber school
ceases operation before its course of instruction is complete.  Requires
the board to administer claims made against the account. Prohibits
attorney's fees, court costs, or damages from being paid from the account.
Provides that the barber school tuition protection account is created as a
trust fund with the comptroller, who is custodian of the fund.   

SECTION 11.  Amends Section 1601.402(b), Occupations Code, to make
conforming changes. 

SECTION 12.  Amends Section 1601.405(a), Occupations Code, to make a
conforming change. 

SECTION 13.  Amends Section 1601.452, Occupations Code, to make a
conforming change. 

SECTION 14.  Amends Section 1601.454(a), Occupations Code, to make a
conforming change. 

SECTION 15.  Amends Section 1601.552, Occupations Code, to make a
conforming change. 

SECTION 16.  Amends Section 1601.558(a), Occupations Code, by deleting the
word "manicuring" from the list of subjects required to be taught in a
barber school. 

SECTION 17.  Repealers:

  _Sections 1601.001(9) and (10) (General Definitions:  specialty shop and
wig specialty shop), Occupations Code; 

  _1601.255 (Eligibility for Journeyman Barber Permit), Occupations Code;

   _1601.258 (Eligibility for Wig Specialist License), Occupations Code;

  _1601.259 (Eligibility for Wig Instructor License), Occupations Code;

  _1601.306 (Wig Specialty Shop Permit), Occupations Code;

  _1601.307 (Issuance of Wig Specialty Shop Permit), Occupations Code;

  _1601.357 (Surety Bond), Occupations Code; and

  _1601.358 (Wig School Permit), Occupations Code.

SECTION 18.  Requires the board to adopt rules under this Act not later
than September 1, 2002. Requires a rule adopted by the Texas Board of
Health or TDH applicable to Chapter 1601, Occupations Code, that is in
effect on the effective date of this Act to remain in effect as a rule of
the board until adopted or superseded by a new rule adopted by the board. 

SECTION 19.  Makes application of this Act prospective.

SECTION 20.  Effective date:  September 1, 2001.