H.B. 653 78(R)    BILL ANALYSIS


H.B. 653
By: Davis, John
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Texas Cosmetology Commission (TCC) has a designation for a
ShampooConditioning Specialist.  A person who wants to obtain this title
must be 17 years of age, have completed the 7th grade or its equivalent,
and have completed 150 clock hours in an approved beauty culture school
course prescribed by the TCC in a public school vocational program.  A
candidate must also successfully complete a shampooing examination and pay
a fee of $43.00 to a receive a license that is good for two years.   

The purpose of HB 653 is to create a Shampoo Apprentice Permit.  This
permit would create an apprenticeship program that would provide necessary
training for a person interested in pursuing this area of cosmetology.
This bill will make the process of becoming a cosmetologist of this sort
more accessible.   

Also, should a person decide to enter the apprenticeship program and
subsequently discover an allergy to certain shampoos or some other
unforeseeable event should occur causing a person to leave the program
after a very brief period, there would not be the same sort of
consequences experienced under the apprenticeship program as under the
current one.   
    

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Cosmetology Commission in SECTION  2 (Section
1602.267(d), Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1602.253, Occupations Code, by adding shampoo
apprentice permit to list of applicants required to submit a certificate
of health. 

SECTION 2. Amends Subchapter F, Chapter 1602 of the Occupations Code as
follows: 

Sec. 1602.267.  New Title:  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 to issue a shampoo
apprentice permit to an applicant who is at least 16 years of age and
submits a certificate of health. 

(c) Provides that a shampoo apprentice permits expires on the first
anniversary of the date of issuance.  Prohibits a shampoo apprentice
permit from being renewed. 

(d) Requires the commission to adopt rules as necessary  to administer
this section. Prohibits the commission from requiring applicant to
complete hours of instruction at a cosmetology training program as a
prerequisite for the issuance of a shampoo apprentice permit.  Also
prohibits the commission from requiring applicant from paying a fee for a
shampoo apprentice permit. 

(e)  Authorizes a licensed facility to employ a person who holds a shampoo
apprentice permit to perform shampooing or conditioning services. Requires
a licensed facility to pay the person at least  the federal minium wage.  

SECTION 3.  Requires the Texas Cosmetology Commission to adopt rules as
added by this Act, not later than January 1, 2004. 

SECTION 4.   Effective date:   September 1, 2003.