SRC-VRA H.B. 653 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 653
78R4157 YDB-DBy: Davis, John (Janek)
Health & Human Services
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Cosmetology Commission (TCC) has a designation for a
shampooconditioning specialist.  As of September 4, 2001, TCC had only
ever issued 294 shampooconditioning licenses in the entire state and only
196 in the last five fiscal years.  H.B. 653 creates the shampoo
apprentice permit to provide all necessary training for a person
interested in pursuing this area of cosmetology. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Cosmetology
Commission in SECTION 2 (Section 1602.267, Occupations Code) and SECTION 3
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1602.253, Occupations Code, to add a shampoo
apprentice permit to the list of certificates of health required for
certain applicants. 

SECTION 2.  Amends Subchapter F, Chapter 1602, Occupations Code, by adding
Section 1602.267, as follows: 
 
Sec. 1602.267.  SHAMPOO APPRENTICE PERMIT.  (a)  Authorizes a person
holding a shampoo apprentice permit to perform only the practice of
cosmetology defined by Section 1602.002(3). 
 
(b)  Requires the Texas Cosmetology Commission (TCC) to issue a shampoo
apprentice permit to an applicant who meets certain criteria. 
 
(c)  Provides that a shampoo apprentice permit expires on the first
anniversary of the date of issuance and may not be renewed. 
 
(d)  Requires TCC to adopt rules as necessary to administer this section.
Prohibits TCC from requiring an applicant to perform certain tasks. 
 
(e)  Authorizes a facility licensed under this chapter to employ a person
who holds a shampoo apprentice permit to perform shampooing or
conditioning services and requires the facility to pay the person at least
the federal minimum wage as provided by Section 6, Fair Labor Standards
Act of 1938 (29 U.S.C. Section 206). 

SECTION 3.  Requires TCC to adopt the rules required by Section 1602.267,
Occupations Code, as added by this Act, not later than January 1, 2004. 

SECTION 4.  Effective date: September 1, 2003.