By Gutierrez H.B. No. 1756
77R2900 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of barbering.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1601.151(d), Occupations Code, is amended
1-5 to read as follows:
1-6 (d) The [Subject to the authority of the Texas Board of
1-7 Health under Section 1601.152, the] board may:
1-8 (1) adopt and enforce all rules necessary for the
1-9 performance of its duties;
1-10 (2) establish standards of conduct and ethics for
1-11 persons practicing under this chapter; and
1-12 (3) regulate any area of the practice or teaching of
1-13 barbering to implement the purposes and intent of this chapter, or
1-14 to ensure strict compliance with and enforcement of this chapter.
1-15 SECTION 2. Section 1601.152, Occupations Code, is amended to
1-16 read as follows:
1-17 Sec. 1601.152. SANITATION RULES. (a) The board [Texas
1-18 Board of Health] shall adopt reasonable rules on sanitation for the
1-19 operation of barbershops, specialty shops, and barber schools.
1-20 (b) The [A copy of the board of health's rules shall be
1-21 furnished to the] executive director of the board[, who] shall send
1-22 a copy of the rules to each barber, barber school, or license
1-23 holder.
1-24 SECTION 3. Section 1601.154, Occupations Code, is amended to
2-1 read as follows:
2-2 Sec. 1601.154. INSPECTION BY BOARD [AND HEALTH DEPARTMENT].
2-3 (a) The board[, by and through the Texas Department of Health,]
2-4 may enter and inspect at any time during business hours:
2-5 (1) any barbershop, specialty shop, or barber school;
2-6 or
2-7 (2) any place in which the board has probable cause to
2-8 believe that any certificate, license, or permit holder is
2-9 practicing illegally.
2-10 (b) The board may inspect the premises of a certificate,
2-11 license, or permit holder to investigate a complaint at any time
2-12 during business hours on receipt of a formal written complaint that
2-13 a person holding a certificate, license, or permit has violated
2-14 this chapter.
2-15 SECTION 4. Section 1601.257(b), Occupations Code, is amended
2-16 to read as follows:
2-17 (b) An applicant for a manicurist license must:
2-18 (1) be at least 16 years of age;
2-19 (2) have completed the seventh grade or the equivalent
2-20 of the seventh grade;
2-21 (3) have completed a board-approved training program
2-22 consisting of 600 [300] hours of instruction in manicuring; and
2-23 (4) submit a $10 administration fee with the
2-24 application.
2-25 SECTION 5. Subchapter F, Chapter 1601, Occupations Code, is
2-26 amended by adding Section 1601.267 to read as follows:
2-27 Sec. 1601.267. RECIPROCAL LICENSE OR CERTIFICATE. (a) A
3-1 person who holds a license, certificate, or permit to perform
3-2 barbering from another state or country that has standards or work
3-3 experience requirements that are substantially equivalent to the
3-4 requirements of this chapter may apply for a license, certificate,
3-5 or permit to perform the same acts of barbering in this state that
3-6 the person practiced in the other state or country.
3-7 (b) The person shall:
3-8 (1) submit an application for the license,
3-9 certificate, or permit to the board;
3-10 (2) pay a fee in an amount prescribed by the board;
3-11 and
3-12 (3) pay the applicable license, certificate, or permit
3-13 fee.
3-14 (c) A person issued a license, certificate, or permit under
3-15 this section:
3-16 (1) may perform the acts of barbering stated on the
3-17 license, certificate, or permit; and
3-18 (2) is subject to the renewal procedures and fees
3-19 provided in this chapter for the performance of those acts of
3-20 barbering.
3-21 SECTION 6. Section 1601.303, Occupations Code, is amended to
3-22 read as follows:
3-23 Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. The board
3-24 shall issue a barbershop permit to an applicant if:
3-25 (1) the applicant holds a Class A barber certificate;
3-26 [and]
3-27 (2) the applicant has practiced barbering for at least
4-1 12 months; and
4-2 (3) the shop meets the minimum health standards for
4-3 barbershops set by the board [Texas Department of Health] and all
4-4 other [the] rules of the board.
4-5 SECTION 7. Section 1601.305, Occupations Code, is amended to
4-6 read as follows:
4-7 Sec. 1601.305. ISSUANCE OF MANICURIST SPECIALTY SHOP PERMIT.
4-8 The board shall issue a permanent manicurist specialty shop permit
4-9 to an applicant if:
4-10 (1) the applicant holds a manicurist license; and
4-11 (2) the shop meets the minimum health standards for
4-12 manicurist specialty shops set by the board [Texas Department of
4-13 Health], as determined by a board inspection, and any other
4-14 requirements imposed by board rule.
4-15 SECTION 8. The heading of Subchapter H, Chapter 1601, is
4-16 amended to read as follows:
4-17 SUBCHAPTER H. PERMITTING OF BARBER SCHOOLS [AND WIG SCHOOLS]
4-18 SECTION 9. Section 1601.354(a), Occupations Code, is amended
4-19 to read as follows:
4-20 (a) The board may not approve an application for a barber
4-21 school permit unless the school requires as a prerequisite for
4-22 graduation the following hours of instruction:
4-23 (1) for a barber technician, 300 hours of instruction
4-24 completed in a course of not less than eight weeks;
4-25 (2) for a Class A barber, 1,500 hours of instruction
4-26 completed in a course of not less than nine months, at least 800
4-27 hours of which is in the actual practice of cutting hair as a
5-1 primary service;
5-2 (3) for a manicurist, 600 [300] hours of instruction
5-3 completed in a course of not less than eight weeks; and
5-4 (4) for a teacher, 1,000 hours of instruction
5-5 completed in a course of not less than six months[;]
5-6 [(5) for a wig instructor, 200 hours of instruction
5-7 completed in a course of not less than eight weeks; and]
5-8 [(6) for a wig specialist, 300 hours of instruction
5-9 completed in a course of not less than eight weeks].
5-10 SECTION 10. Subchapter H, Chapter 1601, Occupations Code, is
5-11 amended by adding Section 1601.3571 to read as follows:
5-12 Sec. 1601.3571. BARBER SCHOOL TUITION PROTECTION ACCOUNT.
5-13 (a) If on January 1 of any year the amount in the barber school
5-14 tuition protection account is less than $200,000, the board shall
5-15 collect a fee from each barber school during that year by applying
5-16 a percentage to the school's renewal fee at a rate that will bring
5-17 the balance of the account to $200,000.
5-18 (b) The comptroller shall invest the account in the same
5-19 manner as other state funds. Sufficient money from the account
5-20 shall be appropriated to the board for the purpose of refunding
5-21 unused tuition if a barber school ceases operation before its
5-22 course of instruction is complete. The board shall administer
5-23 claims made against the account.
5-24 (c) Attorney's fees, court costs, or damages may not be paid
5-25 from the account.
5-26 (d) The barber school tuition protection account is created
5-27 as a trust fund with the comptroller, who is custodian of the fund.
6-1 SECTION 11. Section 1601.402(b), Occupations Code, is
6-2 amended to read as follows:
6-3 (b) A Class A barber, barber technician, teacher, [wig
6-4 instructor, wig specialist,] manicurist, or other licensed
6-5 specialist must renew the person's certificate or license on or
6-6 before the expiration date.
6-7 SECTION 12. Section 1601.405(a), Occupations Code, is
6-8 amended to read as follows:
6-9 (a) The board may not require a Class A barber, barber
6-10 technician, teacher, or manicurist[, or wig specialist] who is
6-11 serving on active duty in the United States armed forces to renew
6-12 the person's certificate or license.
6-13 SECTION 13. Section 1601.452, Occupations Code, is amended
6-14 to read as follows:
6-15 Sec. 1601.452. DISPLAY OF SANITATION RULES. Each barbershop
6-16 or specialty shop shall post in the shop a copy of the board's
6-17 [board of health's] rules adopted under Section 1601.152.
6-18 SECTION 14. Section 1601.454(a), Occupations Code, is
6-19 amended to read as follows:
6-20 (a) The board may not adopt rules to restrict or prohibit
6-21 practice by a Class A barber or[,] manicurist[, or wig specialist]
6-22 in a facility solely because the facility is licensed or permitted
6-23 by both the board and the Texas Cosmetology Commission.
6-24 SECTION 15. Section 1601.552, Occupations Code, is amended
6-25 to read as follows:
6-26 Sec. 1601.552. DISPLAY OF SANITATION RULES. Each barber
6-27 school shall post in the school a copy of the board's [board of
7-1 health's] rules adopted under Section 1601.152.
7-2 SECTION 16. Section 1601.558(a), Occupations Code, is
7-3 amended to read as follows:
7-4 (a) A barber school shall instruct students in the theory
7-5 and practice of subjects necessary and beneficial to the practice
7-6 of barbering, including:
7-7 (1) the laws governing the practice of barbering in
7-8 this state;
7-9 (2) scientific fundamentals of barbering;
7-10 (3) hygienic bacteriology;
7-11 (4) histology of the hair, skin, muscles, and nerves;
7-12 (5) the structure of the head, neck, and face;
7-13 (6) elementary chemistry relating to sterilization and
7-14 antiseptics;
7-15 (7) common disorders of the skin and hair;
7-16 (8) massaging of muscles of the scalp, face, and neck;
7-17 (9) haircutting;
7-18 (10) shaving, shampooing, bleaching, and dyeing of
7-19 hair;
7-20 (11) [manicuring,] administration of facial
7-21 treatments, hair weaving, and servicing of wigs; and
7-22 (12) any other barbering services.
7-23 SECTION 17. The following sections of the Occupations Code
7-24 are repealed:
7-25 (1) 1601.001(9) and (10);
7-26 (2) 1601.255;
7-27 (3) 1601.258;
8-1 (4) 1601.259;
8-2 (5) 1601.306;
8-3 (6) 1601.307;
8-4 (7) 1601.357; and
8-5 (8) 1601.358.
8-6 SECTION 18. (a) The State Board of Barber Examiners shall
8-7 adopt rules under this Act not later than September 1, 2002.
8-8 (b) A rule adopted by the Texas Board of Health or the Texas
8-9 Department of Health applicable to Chapter 1601, Occupations Code,
8-10 that is in effect on the effective date of this Act shall remain in
8-11 effect as a rule of the State Board of Barber Examiners until
8-12 adopted or superseded by a new rule adopted by the State Board of
8-13 Barber Examiners.
8-14 SECTION 19. The change in law made by this Act does not
8-15 affect a license, certificate, or permit issued by the State Board
8-16 of Barber Examiners before the effective date of this Act. A
8-17 license, certificate, or permit issued by the State Board of Barber
8-18 Examiners before the effective date of this Act remains in effect
8-19 until the date the license, certificate, or permit expires or is
8-20 revoked and is governed by the law in effect immediately before the
8-21 effective date of this Act, and that former law is continued in
8-22 effect for that purpose.
8-23 SECTION 20. This Act takes effect September 1, 2001.