1-1 By: Carona S.B. No. 660
1-2 (In the Senate - Filed February 12, 2001; February 13, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 28, 2001, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 28, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the practice of barbering.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (d), Section 1601.151, Occupations
1-11 Code, is amended to read as follows:
1-12 (d) The [Subject to the authority of the Texas Board of
1-13 Health under Section 1601.152, the] board may:
1-14 (1) adopt and enforce all rules necessary for the
1-15 performance of its duties;
1-16 (2) establish standards of conduct and ethics for
1-17 persons practicing under this chapter; and
1-18 (3) regulate any area of the practice or teaching of
1-19 barbering to implement the purposes and intent of this chapter, or
1-20 to ensure strict compliance with and enforcement of this chapter.
1-21 SECTION 2. Section 1601.152, Occupations Code, is amended to
1-22 read as follows:
1-23 Sec. 1601.152. SANITATION RULES. (a) The board [Texas
1-24 Board of Health] shall adopt reasonable rules on sanitation for the
1-25 operation of barbershops, specialty shops, and barber schools.
1-26 (b) The [A copy of the board of health's rules shall be
1-27 furnished to the] executive director of the board[, who] shall send
1-28 a copy of the rules to each barber, barber school, or license
1-29 holder.
1-30 SECTION 3. Section 1601.154, Occupations Code, is amended to
1-31 read as follows:
1-32 Sec. 1601.154. INSPECTION BY BOARD [AND HEALTH DEPARTMENT].
1-33 (a) The board[, by and through the Texas Department of Health,]
1-34 may enter and inspect at any time during business hours:
1-35 (1) any barbershop, specialty shop, or barber school;
1-36 or
1-37 (2) any place in which the board has probable cause to
1-38 believe that any certificate, license, or permit holder is
1-39 practicing illegally.
1-40 (b) The board may inspect the premises of a certificate,
1-41 license, or permit holder to investigate a complaint at any time
1-42 during business hours on receipt of a formal written complaint that
1-43 a person holding a certificate, license, or permit has violated
1-44 this chapter.
1-45 SECTION 4. Subsection (b), Section 1601.257, Occupations
1-46 Code, is amended to read as follows:
1-47 (b) An applicant for a manicurist license must:
1-48 (1) be at least 16 years of age;
1-49 (2) have completed the seventh grade or the equivalent
1-50 of the seventh grade;
1-51 (3) have completed a board-approved training program
1-52 consisting of 600 [300] hours of instruction in manicuring; and
1-53 (4) submit a $10 administration fee with the
1-54 application.
1-55 SECTION 5. Subchapter F, Chapter 1601, Occupations Code, is
1-56 amended by adding Section 1601.267 to read as follows:
1-57 Sec. 1601.267. RECIPROCAL LICENSE OR CERTIFICATE. (a) A
1-58 person who holds a license, certificate, or permit to perform
1-59 barbering from another state or country that has standards or work
1-60 experience requirements that are substantially equivalent to the
1-61 requirements of this chapter may apply for a license, certificate,
1-62 or permit to perform the same acts of barbering in this state that
1-63 the person practiced in the other state or country.
1-64 (b) The person shall:
2-1 (1) submit an application for the license,
2-2 certificate, or permit to the board;
2-3 (2) pay a fee in an amount prescribed by the board;
2-4 and
2-5 (3) pay the applicable license, certificate, or permit
2-6 fee.
2-7 (c) A person issued a license, certificate, or permit under
2-8 this section:
2-9 (1) may perform the acts of barbering stated on the
2-10 license, certificate, or permit; and
2-11 (2) is subject to the renewal procedures and fees
2-12 provided in this chapter for the performance of those acts of
2-13 barbering.
2-14 SECTION 6. Section 1601.303, Occupations Code, is amended to
2-15 read as follows:
2-16 Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. The board
2-17 shall issue a barbershop permit to an applicant if:
2-18 (1) the applicant holds a Class A barber certificate;
2-19 [and]
2-20 (2) the applicant has practiced barbering for at least
2-21 12 months; and
2-22 (3) the shop meets the minimum health standards for
2-23 barbershops set by the board [Texas Department of Health] and all
2-24 other [the] rules of the board.
2-25 SECTION 7. Section 1601.305, Occupations Code, is amended to
2-26 read as follows:
2-27 Sec. 1601.305. ISSUANCE OF MANICURIST SPECIALTY SHOP PERMIT.
2-28 The board shall issue a permanent manicurist specialty shop permit
2-29 to an applicant if:
2-30 (1) the applicant holds a manicurist license; and
2-31 (2) the shop meets the minimum health standards for
2-32 manicurist specialty shops set by the board [Texas Department of
2-33 Health], as determined by a board inspection, and any other
2-34 requirements imposed by board rule.
2-35 SECTION 8. The heading of Subchapter H, Chapter 1601,
2-36 Occupations Code, is amended to read as follows:
2-37 SUBCHAPTER H. PERMITTING OF BARBER SCHOOLS [AND WIG SCHOOLS]
2-38 SECTION 9. Subsection (a), Section 1601.354, Occupations
2-39 Code, is amended to read as follows:
2-40 (a) The board may not approve an application for a barber
2-41 school permit unless the school requires as a prerequisite for
2-42 graduation the following hours of instruction:
2-43 (1) for a barber technician, 300 hours of instruction
2-44 completed in a course of not less than eight weeks;
2-45 (2) for a Class A barber, 1,500 hours of instruction
2-46 completed in a course of not less than nine months, at least 800
2-47 hours of which is in the actual practice of cutting hair as a
2-48 primary service;
2-49 (3) for a manicurist, 600 [300] hours of instruction
2-50 completed in a course of not less than eight weeks; and
2-51 (4) for a teacher, 1,000 hours of instruction
2-52 completed in a course of not less than six months[;]
2-53 [(5) for a wig instructor, 200 hours of instruction
2-54 completed in a course of not less than eight weeks; and]
2-55 [(6) for a wig specialist, 300 hours of instruction
2-56 completed in a course of not less than eight weeks].
2-57 SECTION 10. Subchapter H, Chapter 1601, Occupations Code, is
2-58 amended by adding Section 1601.3571 to read as follows:
2-59 Sec. 1601.3571. BARBER SCHOOL TUITION PROTECTION ACCOUNT.
2-60 (a) If on January 1 of any year the amount in the barber school
2-61 tuition protection account is less than $200,000, the board shall
2-62 collect a fee from each barber school during that year by applying
2-63 a percentage to the school's renewal fee at a rate that will bring
2-64 the balance of the account to $200,000.
2-65 (b) The comptroller shall invest the account in the same
2-66 manner as other state funds. Sufficient money from the account
2-67 shall be appropriated to the board for the purpose of refunding
2-68 unused tuition if a barber school ceases operation before its
2-69 course of instruction is complete. The board shall administer
3-1 claims made against the account.
3-2 (c) Attorney's fees, court costs, or damages may not be paid
3-3 from the account.
3-4 (d) The barber school tuition protection account is created
3-5 as a trust fund with the comptroller, who is custodian of the fund.
3-6 SECTION 11. Subsection (b), Section 1601.402, Occupations
3-7 Code, is amended to read as follows:
3-8 (b) A Class A barber, barber technician, teacher, [wig
3-9 instructor, wig specialist,] manicurist, or other licensed
3-10 specialist must renew the person's certificate or license on or
3-11 before the expiration date.
3-12 SECTION 12. Subsection (a), Section 1601.405, Occupations
3-13 Code, is amended to read as follows:
3-14 (a) The board may not require a Class A barber, barber
3-15 technician, teacher, or manicurist[, or wig specialist] who is
3-16 serving on active duty in the United States armed forces to renew
3-17 the person's certificate or license.
3-18 SECTION 13. Section 1601.452, Occupations Code, is amended
3-19 to read as follows:
3-20 Sec. 1601.452. DISPLAY OF SANITATION RULES. Each barbershop
3-21 or specialty shop shall post in the shop a copy of the board's
3-22 [board of health's] rules adopted under Section 1601.152.
3-23 SECTION 14. Subsection (a), Section 1601.454, Occupations
3-24 Code, is amended to read as follows:
3-25 (a) The board may not adopt rules to restrict or prohibit
3-26 practice by a Class A barber or[,] manicurist[, or wig specialist]
3-27 in a facility solely because the facility is licensed or permitted
3-28 by both the board and the Texas Cosmetology Commission.
3-29 SECTION 15. Section 1601.552, Occupations Code, is amended
3-30 to read as follows:
3-31 Sec. 1601.552. DISPLAY OF SANITATION RULES. Each barber
3-32 school shall post in the school a copy of the board's [board of
3-33 health's] rules adopted under Section 1601.152.
3-34 SECTION 16. Subsection (a), Section 1601.558, Occupations
3-35 Code, is amended to read as follows:
3-36 (a) A barber school shall instruct students in the theory
3-37 and practice of subjects necessary and beneficial to the practice
3-38 of barbering, including:
3-39 (1) the laws governing the practice of barbering in
3-40 this state;
3-41 (2) scientific fundamentals of barbering;
3-42 (3) hygienic bacteriology;
3-43 (4) histology of the hair, skin, muscles, and nerves;
3-44 (5) the structure of the head, neck, and face;
3-45 (6) elementary chemistry relating to sterilization and
3-46 antiseptics;
3-47 (7) common disorders of the skin and hair;
3-48 (8) massaging of muscles of the scalp, face, and neck;
3-49 (9) haircutting;
3-50 (10) shaving, shampooing, bleaching, and dyeing of
3-51 hair;
3-52 (11) [manicuring,] administration of facial
3-53 treatments, hair weaving, and servicing of wigs; and
3-54 (12) any other barbering services.
3-55 SECTION 17. The following sections of the Occupations Code
3-56 are repealed:
3-57 (1) 1601.001(a)(9) and (10);
3-58 (2) 1601.255;
3-59 (3) 1601.258;
3-60 (4) 1601.259;
3-61 (5) 1601.306;
3-62 (6) 1601.307;
3-63 (7) 1601.357; and
3-64 (8) 1601.358.
3-65 SECTION 18. (a) The State Board of Barber Examiners shall
3-66 adopt rules under this Act not later than September 1, 2002.
3-67 (b) A rule adopted by the Texas Board of Health or the Texas
3-68 Department of Health applicable to Chapter 1601, Occupations Code,
3-69 that is in effect on the effective date of this Act shall remain in
4-1 effect as a rule of the State Board of Barber Examiners until
4-2 adopted or superseded by a new rule adopted by the State Board of
4-3 Barber Examiners.
4-4 SECTION 19. The change in law made by this Act does not
4-5 affect a license, certificate, or permit issued by the State Board
4-6 of Barber Examiners before the effective date of this Act. A
4-7 license, certificate, or permit issued by the State Board of Barber
4-8 Examiners before the effective date of this Act remains in effect
4-9 until the date the license, certificate, or permit expires or is
4-10 revoked and is governed by the law in effect immediately before the
4-11 effective date of this Act, and that former law is continued in
4-12 effect for that purpose.
4-13 SECTION 20. This Act takes effect September 1, 2001.
4-14 * * * * *