H.B. 3460 78(R)    BILL ANALYSIS


H.B. 3460
By: Pitts
Public Health
Committee Report (Unamended)

BACKGROUND AND PURPOSE 
This act is needed to address 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, GED,
or 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 unnecessary additional labor and
computer-related costs for the agency to implement procedures to grade the
national written exams here in Austin.  This is particularly true in view
of the fact that 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.  Thus, there would be no delay involved in submitting all
exams for grading by the national service. 

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. 

The cosmetology industry is continually changing and incorporating new
chemical applications and more advanced treatments.  In addition, rules
and regulations of the commission often change to adapt to the changing
aspects of the cosmetology industry.  Without mandatory continuing
education, there is simply no means to insure that the 140,000 plus
licensed cosmetologists in Texas are abreast of changes in the industry
and the changing regulations of the commission, particularly those changes
directly affecting public health and safety.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Cosmetology Commission in SECTION  8(Section
1602.354, Occupations Code) of this bill. 

ANALYSIS
The act requires that, in order to be eligible for a cosmetology
operator's license, a person must have obtained a high school diploma, the
equivalent of a high school diploma, or have passed a valid examination
administered by a certified testing agency that measures the person's
ability to benefit from training. 
The act requires that, in order to be eligible for a manicure license, a
person must have obtained a high school diploma, the equivalent of a high
school diploma, or have passed a valid examination administered by a
certified testing agency that measures the person's ability to benefit
from training. 
The act requires that, in order to be eligible for a facial license, a
person must have obtained a high school diploma, the equivalent of a high
school diploma, or have passed a valid examination administered by a
certified testing agency that measures the person's ability to benefit
from training. In addition, this subsection is amended to require that an
applicant for a facial license complete 750 hours of instruction in
facialist specialty through a commission-approved training program. 
 The act requires that, in order to be eligible for a specialty
certificate, a person must have obtained a high school diploma, the
equivalent of a high school diploma, or have passed a valid examination
administered by a certified testing agency that measures the person's
ability to benefit from training. 
The act eliminates language that prohibits the Texas Cosmetology
Commission from submitting the examinations of students of public school
vocational programs to a national testing service for grading. 
The act requires that public secondary and post secondary beauty culture
schools must obtain a license from the Texas Cosmetology Commission and
pay the prescribed license fee.  
The act adds language specifying that a license issued to a public
secondary or post secondary beauty culture school expires on the
anniversary of the date the license is issued. 
The act makes continuing education mandatory rather than voluntary for all
license renewals and allowing the Texas Cosmetology Commission to
recognize, prepare, and administer such programs by commission rule.  

EFFECTIVE DATE

September 1, 2003