By: Davis of Harris (Senate Sponsor - Janek) H.B. No. 653
(In the Senate - Received from the House April 3, 2003;
April 7, 2003, read first time and referred to Committee on Health
and Human Services; May 19, 2003, reported favorably by the
following vote: Yeas 7, Nays 0; May 19, 2003, sent to printer.)
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.
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