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78R9182 T
By: Pitts H.B. No. 3460
A BILL TO BE ENTITLED
AN ACT
relating to regulation of the practice of cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1602.254(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for an operator license, an applicant
must:
(1) be at least 17 years of age;
(2) 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 [completed
the seventh grade or its equivalent]; and
(3) have completed:
(A) 1,500 hours of instruction in a licensed
beauty culture school; or
(B) 1,000 hours of instruction in beauty culture
courses and 500 hours of related high school courses prescribed by
the commission in a vocational cosmetology program in a public
school.
SECTION 2. Section 1602.256(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a manicurist license, an applicant
must:
(1) be at least 17 years of age;
(2) 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 [completed
the seventh grade or its equivalent]; and
(3) have completed 600 hours of instruction in
manicuring through a commission-approved training program.
SECTION 3. Section 1602.257(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a facialist specialty license, an
applicant must:
(1) be at least 17 years of age;
(2) 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 [completed
the seventh grade or its equivalent]; and
(3) have completed 750 hours of instruction in
facialist specialty through a commission-approved training program
[the necessary requisites in the facialist specialty as determined
by the commission].
SECTION 4. Section 1602.258(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a specialty certificate, an applicant
must:
(1) be at least 17 years of age;
(2) 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 [completed
the seventh grade or its equivalent]; and
(3) have the necessary requisites as determined by the
commission in the particular specialty for which certification is
sought, including training through a commission-approved training
program.
SECTION 5. Section 1602.261, Occupations Code, is amended
to read as follows:
Sec. 1602.261. EXAMINATION RESULTS. (a) The commission
shall notify each examinee of the results of the examination not
later than the 30th day after the date an examination is
administered. If an examination is graded or reviewed by a national
testing service, the commission shall notify each examinee of the
results of the examination not later than the 14th day after the
date the commission receives the results from the testing service.
(b) If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the commission shall notify the
examinee of the reason for the delay before the 90th day.
[(c) If the examinee is a student in a vocational
cosmetology program in a public school, the commission shall grade
the examination and may not submit the examination for grading by a
national testing service.]
(c) [(d)] If requested in writing by a person who fails the
examination, the commission shall send to the person not later than
the 60th day after the day the request is received by the commission
an analysis of the person's performance on the examination.
SECTION 6. Section 1602.304, Occupations Code, is amended
to read as follows:
Sec. 1602.304. PUBLIC SECONDARY OR POSTSECONDARY BEAUTY
CULTURE SCHOOL CERTIFICATE. (a) Each application for a license
[certification] as a public secondary or public post secondary
beauty culture school must be accompanied by the required license
[inspection] fee.
(b) The commission shall charge an inspection fee for each
inspection trip required before approval of the license
[certificate].
SECTION 7. Section 1602.351(c), Occupations Code, is
amended to read as follows:
(c) A private beauty culture school license or a public
secondary or post secondary beauty culture school license expires
on the anniversary of the date the license is issued.
SECTION 8. Section 1602.354, Occupations Code, is amended
to read as follows:
Sec. 1602.354. CONTINUING EDUCATION. The commission will
by rule [may] recognize, prepare, or administer continuing
education programs for the practice of cosmetology. Participation
in the programs is mandatory for all license renewals [voluntary].
SECTION 9. This Act takes effect 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.