1-1     By:  Mowery (Senate Sponsor - Van de Putte)            H.B. No. 551
 1-2           (In the Senate - Received from the House April 9, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 1, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 1, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of a cosmetologist to treat a person's
 1-9     mustache or beard.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 1602.002, Occupations Code, is amended to
1-12     read as follows:
1-13           Sec. 1602.002.  DEFINITION OF COSMETOLOGY.  In this chapter,
1-14     "cosmetology" means the practice of performing or offering to
1-15     perform for compensation any of the following services:
1-16                 (1)  treating a person's hair by:
1-17                       (A)  providing any method of treatment as a
1-18     primary service, including arranging, beautifying, bleaching,
1-19     cleansing, coloring, cutting, dressing, dyeing, processing,
1-20     shampooing, shaping, singeing, straightening, styling, tinting, or
1-21     waving;
1-22                       (B)  providing a necessary service that is
1-23     preparatory or ancillary to a service under Paragraph (A),
1-24     including bobbing, clipping, cutting, or trimming; or
1-25                       (C)  cutting the person's hair as a separate and
1-26     independent service for which a charge is directly or indirectly
1-27     made separately from charges for any other service;
1-28                 (2)  weaving or braiding a person's hair;
1-29                 (3)  shampooing and conditioning a person's hair;
1-30                 (4)  servicing a person's wig or artificial hairpiece
1-31     on a person's head or on a block after the initial retail sale and
1-32     servicing in any manner listed in Subdivision (1);
1-33                 (5)  treating a person's mustache or beard by
1-34     arranging, beautifying, coloring, processing, styling, or trimming;
1-35                 (6)  cleansing, stimulating, or massaging a person's
1-36     scalp, face, neck, or arms:
1-37                       (A)  by hand or by using a device, apparatus, or
1-38     appliance; and
1-39                       (B)  with or without the use of any cosmetic
1-40     preparation, antiseptic, tonic, lotion, or cream;
1-41                 (7) [(6)]  beautifying a person's face, neck, or arms
1-42     using a cosmetic preparation, antiseptic, tonic, lotion, powder,
1-43     oil, clay, cream, or appliance;
1-44                 (8) [(7)]  administering facial treatments;
1-45                 (9) [(8)]  removing superfluous hair from a person's
1-46     body using depilatories or mechanical tweezers;
1-47                 (10) [(9)]  treating a person's nails by:
1-48                       (A)  cutting, trimming, polishing, tinting,
1-49     coloring, cleansing, or manicuring; or
1-50                       (B)  attaching false nails; or
1-51                 (11) [(10)]  massaging, cleansing, treating, or
1-52     beautifying a person's hands or feet.
1-53           SECTION 2.  This Act takes effect immediately if it receives
1-54     a vote of two-thirds of all the members elected to each house, as
1-55     provided by Section 39, Article III, Texas Constitution.  If this
1-56     Act does not receive the vote necessary for immediate effect, this
1-57     Act takes effect September 1, 2001.
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