78R4157 YDB-D

By:  Davis of Harris                                              H.B. No. 653



A BILL TO BE ENTITLED

AN ACT

relating to a shampoo apprentice permit.                                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1602.253, Occupations Code, is amended 
to read as follows:
	Sec. 1602.253.  CERTIFICATE OF HEALTH REQUIRED FOR CERTAIN 
APPLICANTS.  An applicant for an operator license, instructor 
license, reciprocal license, [or] specialty certificate, or 
shampoo apprentice permit must submit a certificate of health that:
		(1)  shows the applicant is free, as determined by a 
physical examination, from tuberculosis or a contagious disease for 
which the applicant is not entitled to protection under the federal 
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et 
seq.); and
		(2)  is signed by a licensed physician, advanced 
practice nurse, or licensed physician assistant.
	SECTION 2.  Subchapter F, Chapter 1602, Occupations Code, is 
amended by adding Section 1602.267 to read as follows:
	Sec. 1602.267.  SHAMPOO APPRENTICE PERMIT.  (a)  A person 
holding a shampoo apprentice permit may perform only the practice 
of cosmetology defined by Section 1602.002(3).
	(b)  The commission shall issue a shampoo apprentice permit 
to an applicant who:
		(1)  is at least 16 years of age; and                                  
		(2)  submits a certificate of health as required by 
Section 1602.253.
	(c)  A shampoo apprentice permit expires on the first 
anniversary of the date of issuance and may not be renewed.
	(d)  The commission shall adopt rules as necessary to 
administer this section.  The commission may not require an 
applicant to:
		(1)  complete any hours of instruction at a cosmetology 
training program as a prerequisite for the issuance of a shampoo 
apprentice permit; or
		(2)  pay a fee for a shampoo apprentice permit.                        
	(e)  A facility licensed under this chapter may employ a 
person who holds a shampoo apprentice permit to perform shampooing 
or conditioning services and shall 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.  The Texas Cosmetology Commission shall adopt the 
rules required by Section 1602.267, Occupations Code, as added by 
this Act, not later than January 1, 2004.
	SECTION 4.  This Act takes effect September 1, 2003.