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                                                                  H.B. No. 1304




AN ACT

relating to sanitation requirements for certain barbering and 
cosmetology services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1601.506, Occupations Code, is amended 
by adding Subsections (e) and (f) to read as follows:
	(e)  A person who holds a license, certificate, or permit 
issued under this chapter and who performs a barbering service 
described by Section 1601.002(1)(E) or (F):
		(1)  shall, before performing the service, disinfect 
and sterilize with an autoclave or a dry heat, ultraviolet, or other 
board-approved sterilizer each nondisposable instrument used to 
perform the service; and
		(2)  may use a disposable supply or instrument only if 
that supply or instrument is purchased at the location where the 
service is performed or provided by the person on whom the service 
is performed.
	(f)  The owner or manager of a barbershop, specialty shop, or 
barber school is responsible for providing an autoclave or a dry 
heat, ultraviolet, or other board-approved sterilizer for use in 
the shop or school as required by Subsection (e).  An autoclave or a 
dry heat, ultraviolet, or other board-approved sterilizer used as 
required by Subsection (e) must be:
		(1)  registered and listed with the federal Food and 
Drug Administration; and
		(2)  used in accordance with the manufacturer's 
instructions.        
	SECTION 2.  Subchapter I, Chapter 1602, Occupations Code, is 
amended by adding Section 1602.408 to read as follows:
	Sec. 1602.408.  SANITATION REQUIREMENTS FOR CERTAIN 
SERVICES.  (a)  A person who holds a license, certificate, or permit 
issued under this chapter and who performs a cosmetology service 
described by Section 1602.002(10) or (11):
		(1)  shall, before performing the service, disinfect 
and sterilize with an autoclave or a dry heat, ultraviolet, or other 
commission-approved sterilizer each nondisposable instrument used 
to perform the service; and
		(2)  may use a disposable supply or instrument only if 
that supply or instrument is purchased at the location where the 
service is performed or provided by the person on whom the service 
is performed.
	(b)  The owner or manager of a beauty shop, specialty shop, 
or beauty culture school is responsible for providing an autoclave 
or a dry heat, ultraviolet, or other commission-approved sterilizer 
for use in the shop or school as required by Subsection (a).  An 
autoclave or a dry heat, ultraviolet, or other commission-approved 
sterilizer used as required by Subsection (a) must be:
		(1)  registered and listed with the federal Food and 
Drug Administration; and
		(2)  used in accordance with the manufacturer's 
instructions.        
	SECTION 3.  This Act takes effect January 1, 2006.                             




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1304 was passed by the House on April 
19, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1304 on May 18, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1304 was passed by the Senate, with 
amendments, on May 17, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor