SRC-TJG H.B. 3460 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3460
By: Pitts (Averitt)
Health & Human Services
5/21/2003
Engrossed


DIGEST AND PURPOSE 

This act addresses five matters relevant to the licensing and education of
cosmetologists in Texas.  Currently, new applicants for a cosmetology
license are not required to have a high school diploma or GED or to
demonstrate their ability to benefit from training.  Cosmetologists often
use chemicals and highly-specialized procedures to perform services such
as permanents, installing artificial nails, facial treatments, and other
newly developing treatments.  Currently, facialist specialists are
required to receive 600 hours of instruction in the processes of the
treatment. 

To examine license applicants, the Texas Cosmetology Commission currently
uses written licensure examinations purchased from a national testing
service in order to ensure that the tests are fully validated and legally
defensible.  The current cosmetology statute, however, prohibits the
commission from submitting examinations of public school students to a
national testing service for grading, even though the same statute allows
the commission to do so for private beauty school students.  The current
prohibition results in the incurrence of additional labor and
computer-related costs for the agency to implement procedures to grade the
national written exams in Austin, the national testing service the
commission currently uses has grading technology that would enable the
commission to receive the grades for all student exams within 24 hours of
submission of the answer sheets 

Cosmetology schools fall in two primary categories: (1) public secondary
and post-secondary vocational programs; and (2) private beauty culture
schools.  While private schools must obtain a license ($500 license fee)
and renew that license every year ($200 renewal fee), public school
vocational programs must only obtain a certificate, with no fee, and need
not renew the certificate as long as the program exists. 

H.B. 3460 amends provisions of the Occupations Code regulating the
practice of Cosmetology. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Cosmetology
Commission in SECTION 8 (Section 1602.354, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1602.254(b), Occupations Code, to require an
applicant, to be eligible for an operator license, to meet certain
requirements, including certain education requirements. 

SECTION 2.  Amends Section 1602.256(b), Occupations Code, to require an
applicant, to be eligible for a manicurist license, to meet certain
requirements, including certain education requirements. 

SECTION 3.  Amends Section 1602.257(b), Occupations Code, to require an
applicant, to be eligible for a facialist license, to meet certain
requirements, including certain education requirements. 

SECTION 4.  Amends Section 1602.258(b), Occupations Code, to require an
applicant, to be  eligible for a specialty license, to meet certain
requirements, including certain education requirements. 

SECTION 5.  Amends Section 1602.261, Occupations Code, to delete existing
Subsection (c) relating the examination of a student in a vocational
cosmetology program.  Redesignates existing Subsection (d) as (c). 

SECTION 6.  Amends Section 1602.304, Occupations Code, as follows:

(a) Requires each applicant for a license, rather than certification, as a
public secondary or public post secondary beauty culture school to be
accompanied by the required license information.  Makes a conforming
change. 

(b) Makes a conforming change.

SECTION 7.  Amends Section 1602.351(c), Occupations Code, to provide that
a private beauty culture school license or a public secondary or
postsecondary beauty culture school license expires on the anniversary of
the date the license is issued. 

SECTION 8.  Amends Section 1602.354, Occupations Code, to provide that the
commission will by rule, rather than may, recognize, prepare, or
administer continuing education programs for the practice of cosmetology.
Provides that participation in the programs is mandatory for all license
renewals, rather than voluntary. 

SECTION 9.  Effective date: September 1, 2003, except that Section 8 of
this Act and the amendment to Section 1602.257(b)(3) in Section 3 of this
Act take effect September 1, 2004.