By: Whitmire S.B. No. 411
(In the Senate - Filed February 14, 2005; February 15, 2005,
read first time and referred to Committee on Government
Organization; April 18, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
April 18, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 411 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbers and cosmetologists by the
Texas Department of Licensing and Regulation and the abolition of
the State Board of Barber Examiners and the Texas Cosmetology
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 1.01. Title 9, Occupations Code, is amended by
adding Chapter 1603 to read as follows:
CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1603.001. GENERAL DEFINITIONS. (a) In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Executive director" means the executive director
of the department.
(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 1601 and 1602 apply to this chapter.
Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY
DEPARTMENT OF LICENSING AND REGULATION. The department shall
administer this chapter and Chapters 1601 and 1602. A reference in
this chapter to the commission's or department's powers or duties
applies only in relation to those chapters, except that this
section does not limit the department's or commission's general
powers under Chapter 51.
[Sections 1603.003-1603.050 reserved for expansion]
SUBCHAPTER B. ADVISORY BOARDS FOR BARBERING AND COSMETOLOGY
Sec. 1603.051. DUTIES. The advisory boards established
under Chapters 1601 and 1602 shall advise the commission on
administering this chapter and Chapters 1601 and 1602 regarding
barbering or cosmetology, as applicable.
[Sections 1603.052-1603.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1603.101. RULES. The commission shall adopt rules
consistent with this chapter for:
(1) the administration of this chapter and the
operations of the department in regulating barbering and
cosmetology; and
(2) the administration of Chapters 1601 and 1602.
Sec. 1603.102. SANITATION RULES. The commission shall
establish sanitation rules to prevent the spread of an infectious
or contagious disease.
Sec. 1603.103. INSPECTION OF SCHOOLS, SHOPS, AND FACILITIES
BEFORE OPERATION. (a) Until the department determines, by
inspection, that the person has established the school, shop, or
facility in compliance with this chapter, Chapter 1601, or Chapter
1602, a person may not operate a school, shop, or other facility
licensed or permitted under this chapter, Chapter 1601, or Chapter
1602.
(b) A school, shop, or other facility that is not approved
by the department on initial inspection may be reinspected.
(c) The school, shop, or other facility shall pay a fee for
each inspection. The commission shall by rule set the amount of the
fee.
Sec. 1603.104. PERIODIC AND RISK-BASED INSPECTIONS.
(a) The department may enter and inspect at any time during
business hours:
(1) the place of business of any person regulated
under this chapter, Chapter 1601, or Chapter 1602; or
(2) any place in which the department has probable
cause to believe that a certificate, license, or permit holder is
practicing in violation of this chapter, Chapter 1601, or Chapter
1602 or in violation of a rule or order of the commission or
executive director.
(b) At least once every two years, the department shall
inspect each school, shop, or other facility that holds a license,
certificate, or permit under this chapter, Chapter 1601, or Chapter
1602.
(c) The department shall conduct additional inspections
based on a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the school, shop, or other
facility;
(2) whether there has been a prior sanitation
violation at the school, shop, or facility;
(3) the inspection history of the school, shop, or
other facility;
(4) any history of complaints involving the school,
shop, or other facility; and
(5) any other factor determined by the commission by
rule.
(d) An inspector who discovers a violation of this chapter,
Chapter 1601, or Chapter 1602 or of a rule or order of the
commission or executive director shall:
(1) provide written notice of the violation to the
license, certificate, or permit holder on a form prescribed by the
department; and
(2) file a complaint with the executive director.
(e) The school, shop, or other facility shall pay a fee for
each inspection performed under Subsection (c). The commission
shall by rule set the amount of the fee.
Sec. 1603.105. RETENTION OF STUDENT RECORDS. The
department may not retain student records, including student
transcripts, beyond the time required by state law.
Sec. 1603.106. COMMITTEES. The commission may appoint
committees that it considers necessary to carry out its duties.
[Sections 1603.107-1603.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARTICIPATION AND COMPLAINT PROCEDURES
Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION
AND PARTICIPATION. The commission by rule shall establish methods
by which consumers and service recipients are notified of the name,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department regarding
barbering and cosmetology. The department may provide for that
notice:
(1) on each registration form, application, or written
contract for services of a person regulated under this chapter,
Chapter 1601, or Chapter 1602;
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter, Chapter 1601,
or Chapter 1602; or
(3) in a bill for service provided by a person
regulated under this chapter, Chapter 1601, or Chapter 1602.
Sec. 1603.152. COMPLAINT JURISDICTION; NOTIFICATION. If
the department determines that it lacks jurisdiction to resolve the
complaint, the department shall notify the complainant in writing
that the department is closing the complaint because it lacks
jurisdiction.
Sec. 1603.153. ANALYSIS OF COMPLAINTS AND VIOLATIONS.
(a) The department shall develop and maintain a system to analyze
the processing, sources, and types of complaints filed with the
department and the types of violations that occur under this
chapter, Chapter 1601, and Chapter 1602.
(b) Based on the information under Subsection (a), the
department shall analyze trends in violations and complaints that
may require further attention or technical assistance to help
reduce the frequency of those complaints and violations.
(c) The department shall annually compile a statistical
analysis of the complaints filed and violations occurring during
the preceding year, including:
(1) the number of complaints filed;
(2) a categorization of complaints filed according to
the basis of the complaint and the number of complaints in each
category;
(3) the number of complaints filed by department
staff;
(4) the number of complaints filed by persons other
than department staff;
(5) the number of complaints filed over which the
department lacks jurisdiction;
(6) the average length of time required to close a
complaint or violation from the time the department receives the
complaint or otherwise initiates an investigation of a possible
violation until the complaint or violation is resolved by a final
order or penalty;
(7) the number of complaints resolved and the manner
in which they were resolved, including:
(A) the number of complaints dismissed and the
reasons for dismissal; and
(B) the number of complaints resulting in
disciplinary action and the type of disciplinary action taken; and
(8) the number of complaints filed that are
unresolved, the number of those complaints filed by department
staff, the number of those complaints filed by persons other than
department staff, and the average length of time that the
unresolved complaints have been on file.
Sec. 1603.154. INFORMAL SETTLEMENT CONFERENCE. The
department shall establish guidelines for an informal settlement
conference related to a complaint filed with the department.
[Sections 1603.155-1603.200 reserved for expansion]
SUBCHAPTER E. CERTIFICATE, LICENSE, AND PERMIT REQUIREMENTS
Sec. 1603.201. APPLICATION FORM; TIMING. (a) An
application for a certificate, license, or permit must be made on a
form prescribed and provided by the department.
(b) An application for an operator license, instructor
license, manicurist license, or facialist specialty license must be
filed with the department not later than the 10th day before the
date set for the applicable examination.
Sec. 1603.202. DUPLICATE CERTIFICATE, LICENSE, OR PERMIT.
The department shall issue a duplicate certificate, license, or
permit to an applicant who:
(1) submits an application for a duplicate
certificate, license, or permit to the department; and
(2) pays the required fee.
Sec. 1603.203. PROVISIONAL CERTIFICATE OR LICENSE.
(a) The department may issue a provisional certificate or license
to an applicant currently licensed in another jurisdiction who
seeks a certificate or license in this state and who:
(1) has been licensed in good standing in the
profession for which the person seeks the certificate or license
for at least two years in another jurisdiction, including a foreign
country, that has requirements substantially equivalent to the
requirements of this chapter, Chapter 1601, or Chapter 1602, as
appropriate; and
(2) has passed a national or other examination
recognized by the commission relating to the practice of that
profession.
(b) A provisional certificate or license is valid until the
date the department approves or denies the provisional certificate
or license holder's application. The department shall issue a
certificate or license to the provisional certificate or license
holder if:
(1) the provisional certificate or license holder is
eligible to hold a certificate or license under Chapter 1601 or
Chapter 1602; or
(2) the provisional certificate or license holder
passes the part of the examination under Chapter 1601 or Chapter
1602 that relates to the applicant's knowledge and understanding of
the laws and rules relating to the practice of the profession in
this state and:
(A) the department verifies that the provisional
certificate or license holder meets the academic and experience
requirements for the certificate or license; and
(B) the provisional certificate or license
holder satisfies any other certificate or license requirements.
(c) The department must approve or deny a provisional
certificate or license holder's application for a certificate or
license not later than the 180th day after the date the provisional
certificate or license is issued. The department may extend the
180-day period if the results of an examination have not been
received by the department before the end of that period.
Sec. 1603.204. RECIPROCAL CERTIFICATE, LICENSE, OR PERMIT.
(a) A person who holds a license, certificate, or permit to
practice barbering or cosmetology from another state or country
that has standards or work experience requirements that are
substantially equivalent to the requirements of this chapter,
Chapter 1601, or Chapter 1602 may apply for a license, certificate,
or permit to perform the same acts of barbering or cosmetology in
this state that the person practiced in the other state or country.
(b) The person must:
(1) submit an application for the license,
certificate, or permit to the department; and
(2) pay fees in an amount prescribed by the
commission, including any applicable license, certificate, or
permit fee.
(c) A person issued a license, certificate, or permit under
this section:
(1) may perform the acts of barbering or cosmetology
stated on the license, certificate, or permit; and
(2) is subject to the renewal procedures and fees
provided in this chapter, Chapter 1601, or Chapter 1602 for the
performance of those acts of barbering or cosmetology.
[Sections 1603.205-1603.250 reserved for expansion]
SUBCHAPTER F. EXAMINATION REQUIREMENTS
Sec. 1603.251. DEFINITION. In this subchapter,
"examination proctor" means an individual registered under this
subchapter to administer a practical examination for the
department.
Sec. 1603.252. GENERAL EXAMINATION REQUIREMENTS. (a) The
department may accept, develop, or contract for the examinations
required by this chapter, including the administration of the
examinations.
(b) The executive director shall determine uniform
standards for acceptable performance on an examination for a
license or certificate under Chapter 1601 and for a license or
certificate under Chapter 1602.
(c) The examination must include a written examination and
may include a practical examination as provided by Section
1603.256.
Sec. 1603.253. EXAMINATION FOR BARBERS. (a) An applicant
for an examination for a certificate or license issued under
Chapter 1601 must submit to the department a sworn application on a
form prescribed and provided by the department accompanied by:
(1) two photographs of the applicant, one of which
accompanies the application and one of which is to be returned to
the applicant to be presented at the examination; and
(2) the appropriate examination fee.
(b) The department shall examine applicants for a Class A
barber certificate and a teacher's certificate.
Sec. 1603.254. EXAMINATION FOR COSMETOLOGISTS. (a) The
department shall administer examinations for certificates and
licenses issued under Chapter 1602 beginning the first day of each
month. If the first day of the month is a legal holiday, the
examination shall begin on the following day.
(b) The department shall announce the site of an examination
for a certificate or license issued under Chapter 1602 not later
than six months before the scheduled examination date.
Sec. 1603.255. EARLY EXAMINATION. The department, on
written request by a student, may provide for the early written
examination of an applicant for a Class A barber certificate, a
teacher's certificate, or an operator license who has completed at
least 1,000 hours of instruction in a department-approved training
program.
Sec. 1603.256. PRACTICAL EXAMINATION. (a) The commission
may require a practical examination as it considers necessary for a
license or certificate issued under Chapter 1601 or 1602.
(b) The department shall prescribe the method and content of
any practical examination.
(c) The following persons may administer a practical
examination required under this subchapter:
(1) the department;
(2) a person with whom the department contracts under
Section 1603.252; or
(3) an examination proctor.
Sec. 1603.257. EXAMINATION PROCTOR; REGISTRATION. (a) A
person may not act as an examination proctor under this subchapter
unless the person is registered with the department under this
section.
(b) To be eligible for registration as an examination
proctor, a person must:
(1) meet eligibility requirements determined by
commission rule;
(2) file with the department an application on a form
prescribed by the department; and
(3) pay the required fees as determined by the
commission by rule.
(c) If the department requires an examination proctor to
administer a practical examination under this subchapter, the
examination proctor shall perform the examination administration
function of the department in a competent and professional manner
and in compliance with:
(1) standards and specifications adopted by the
commission under this chapter; and
(2) rules adopted by the commission under this
chapter.
[Sections 1603.258-1603.300 reserved for expansion]
SUBCHAPTER G. CERTIFICATE, LICENSE, AND PERMIT RENEWAL
Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE
PENALTY. The department may deny a person's request to renew a
certificate, license, or permit issued under this chapter, Chapter
1601, or Chapter 1602 if the person has not paid an administrative
penalty imposed under Subchapter F, Chapter 51. This section does
not apply if:
(1) the person's time to pay or request a hearing has
not expired under Section 51.304;
(2) the person has requested a hearing under Section
51.304, but the person's time to pay has not expired under Section
51.307; or
(3) the penalty is stayed.
[Sections 1603.302-1603.350 reserved for expansion]
SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO CHAPTERS 1601 AND
1602
Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS. The
commission shall prescribe the minimum curriculum, including the
subjects and the number of hours in each subject, taught by a school
licensed under this chapter, Chapter 1601, or Chapter 1602,
including a private beauty culture school or a vocational
cosmetology program in a public school.
Sec. 1603.352. SANITATION REQUIREMENTS FOR CERTAIN
SERVICES. (a) A person who holds a license, certificate, or
permit issued under this chapter, Chapter 1601, or Chapter 1602 and
who performs a barbering service described by Section
1601.002(1)(E) or (F) or a cosmetology service described by Section
1602.002(10) or (11):
(1) shall, before performing the service, disinfect
and sterilize with an autoclave 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 barbershop, barber school,
beauty shop, specialty shop, or beauty culture school is
responsible for providing an autoclave for use in the shop or school
as required by Subsection (a). An autoclave 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.
[Sections 1603.353-1603.400 reserved for expansion]
SUBCHAPTER I. DENIAL AND DISCIPLINARY PROCEDURES
Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The
department shall deny an application for issuance or renewal of, or
shall suspend or revoke, a certificate, license, or permit if the
applicant or person holding the certificate, license, or permit:
(1) engages in gross malpractice;
(2) knowingly continues to practice while having an
infectious or contagious disease;
(3) knowingly makes a false or deceptive statement in
advertising;
(4) advertises, practices, or attempts to practice
under another person's name or trade name;
(5) engages in fraud or deceit in obtaining a
certificate, license, or permit; or
(6) engages in an act that violates this chapter,
Chapter 51, Chapter 1601, or Chapter 1602 or a rule or order adopted
or issued under those chapters.
[Sections 1603.402-1603.450 reserved for expansion]
SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 1603.451. INJUNCTIVE RELIEF. (a) If a certificate,
license, or permit holder commits a violation of this chapter,
Chapter 1601, Chapter 1602, or a commission rule and the violation
poses a serious threat to the public health, the attorney general
shall initiate a suit for injunction and proceedings for suspension
or revocation of the certificate, license, or permit.
(b) In seeking an injunction under this section, the
attorney general is not required to allege or prove:
(1) that an adequate remedy at law does not exist; or
(2) that substantial or irreparable damage would
result from the continued violation.
Sec. 1603.452. CIVIL PENALTY. (a) A barber, barber
school, or private beauty culture school that violates this
chapter, Chapter 1601, Chapter 1602, or a commission rule is liable
for a civil penalty in addition to any injunctive relief or other
remedy provided by law.
(b) The amount of the civil penalty for a barber may not
exceed $25 a day for each violation.
(c) The amount of the civil penalty for a barber school or
private beauty culture school may not exceed $1,000 a day for each
violation.
(d) The attorney general may sue to collect the civil
penalty.
Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is
not required to give an appeal bond in a cause arising under this
chapter, Chapter 1601, or Chapter 1602.
Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The
attorney general shall represent the department in an action to
enforce this chapter, Chapter 1601, or Chapter 1602.
ARTICLE 2. REGULATION OF BARBERING
SECTION 2.01. Subsection (a), Section 1601.001,
Occupations Code, is amended by amending Subdivisions (3), (4),
(5), and (8) and adding Subdivisions (4-a) and (4-b) to read as
follows:
(3) "Board" means the Advisory [State] Board on
Barbering [of Barber Examiners].
(4) "Certificate" means a certificate of registration
issued by the department [board].
(4-a) "Commission" means the Texas Commission of
Licensing and Regulation.
(4-b) "Department" means the Texas Department of
Licensing and Regulation.
(5) "License" means a license issued by the department
[board].
(8) "Permit" means a permit issued by the department
[board].
SECTION 2.02. Section 1601.003, Occupations Code, is
amended to read as follows:
Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does
not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department [board] to practice barbering; and
(2) is:
(A) a physician or registered nurse licensed in
this state and operating within the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces;
(C) a person regulated under Chapter 1602, if the
person practices within the scope of a permit, license, or
certificate issued by the department under that chapter [Texas
Cosmetology Commission]; or
(D) an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering
during the person's incarceration.
SECTION 2.03. The heading to Subchapter B, Chapter 1601,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. ADVISORY [STATE] BOARD ON BARBERING [OF BARBER
EXAMINERS]
SECTION 2.04. Subsection (a), Section 1601.051,
Occupations Code, is amended to read as follows:
[(a)] The Advisory [State] Board on Barbering [of Barber
Examiners] consists of five [seven] members appointed by the
presiding officer of the commission, with the commission's
approval, [governor with the advice and consent of the senate] as
follows:
(1) two members, each of whom:
(A) is engaged in the practice of barbering as a
Class A barber [and has been for at least five years before being
appointed]; and
(B) does not hold a barbershop permit;
(2) two members, each of whom [one member who:
[(A)] is a barbershop owner who holds a
barbershop permit; and
[(B) is engaged in the practice of barbering and
has been for at least five years before being appointed;]
(3) one member who holds a permit to conduct or operate
a barber school[; and
[(4) three members who represent the public].
SECTION 2.05. Section 1601.055, Occupations Code, is
amended to read as follows:
Sec. 1601.055. TERMS; VACANCY. (a) Members of the board
serve staggered six-year terms, with the terms of one or two [or
three] members expiring on the same date each odd-numbered year
[every two years].
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, [governor] shall appoint a replacement to fill the
unexpired term.
SECTION 2.06. Section 1601.058, Occupations Code, is
amended to read as follows:
Sec. 1601.058. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, [governor] shall
designate a board member as presiding officer to serve in that
capacity for a two-year term [at the will of the governor].
SECTION 2.07. Subchapter B, Chapter 1601, is amended by
adding Section 1601.059 to read as follows:
Sec. 1601.059. BOARD DUTIES. The board shall:
(1) advise the commission on rules, enforcement, and
licensing requirements;
(2) recommend to the commission standards of practice,
conduct, and ethics for persons regulated under this chapter and
Chapter 1603;
(3) advise the commission in establishing education
requirements for initial applicants; and
(4) advise the commission regarding examinations and,
at the request of the commission, assist in administering an
examination.
SECTION 2.08. Section 1601.253, Occupations Code, is
amended to read as follows:
Sec. 1601.253. ELIGIBILITY FOR CLASS A BARBER CERTIFICATE.
(a) An applicant for a Class A barber certificate must:
(1) be at least 16 years of age; and
(2) pass a written and practical examination
demonstrating to the department's [board's] satisfaction the
applicant's fitness and competence to practice barbering.
(b) The department [board] shall issue a Class A barber
certificate to an applicant who:
(1) complies with the application requirements of this
chapter;
(2) passes the examination with an average grade of at
least 75 percent;
(3) pays the required [a] fee [not to exceed $100]; and
(4) possesses the other qualifications required by
this chapter.
SECTION 2.09. Subsections (a) and (c), Section 1601.254,
Occupations Code, are amended to read as follows:
(a) An applicant for a teacher's certificate must:
(1) be a Class A barber;
(2) have at least five years' experience as a
practicing barber in a barbershop, two years of which occurred in
the two years preceding the application date; and
(3) submit the required [an] examination fee [not to
exceed $100] with the application.
(c) The department [board] shall issue a teacher's
certificate to an applicant who:
(1) passes the appropriate examination; and
(2) pays the required [a] certificate fee [not to
exceed:
[(A) $100, if the applicant fulfills the
certificate requirements during the period beginning November 1 of
an odd-numbered year and extending through October 31 of the
following year; or
[(B) $50, if the applicant fulfills the
certificate requirements during the period beginning November 1 of
an even-numbered year and extending through October 31 of the
following year].
SECTION 2.10. Subsections (b) and (d), Section 1601.256,
Occupations Code, are amended to read as follows:
(b) An applicant for a barber technician license must:
(1) be at least 16 years of age;
(2) have completed the seventh grade or the equivalent
of the seventh grade;
(3) have completed a course of instruction in a
commission-approved [board-approved] training program consisting
of not less than 300 hours in a period of not less than eight weeks;
and
(4) submit the required [a $10 administration] fee
with the application.
(d) The department [board] shall issue a barber technician
license to an applicant who:
(1) possesses the qualifications described by
Subsection (b);
(2) passes the appropriate examination;
(3) pays the required [a] license fee [not to exceed
$100]; and
(4) has not committed an act that is a ground for
denial of a license.
SECTION 2.11. Subsections (b) and (c), Section 1601.257,
Occupations Code, are amended to read as follows:
(b) An applicant for a manicurist license must:
(1) be at least 16 years of age;
(2) have completed the seventh grade or the equivalent
of the seventh grade;
(3) have completed a commission-approved
[board-approved] training program consisting of 600 hours of
instruction in manicuring; and
(4) submit the required [a $10 administration] fee
with the application.
(c) The department [board] shall issue a manicurist license
to an applicant who:
(1) possesses the qualifications described by
Subsection (b);
(2) passes the appropriate examination;
(3) pays the required [a] license fee [not to exceed
$30]; and
(4) has not committed an act that is a ground for
denial of a license.
SECTION 2.12. Section 1601.260, Occupations Code, is
amended to read as follows:
Sec. 1601.260. ELIGIBILITY FOR STUDENT PERMIT. (a) An
applicant for a permit to be a student in a barber school must:
(1) submit an enrollment application to the department
[board] in the form prescribed by the department [board];
(2) have completed the seventh grade;
(3) satisfy other requirements specified by the
department [board]; and
(4) submit with the application the required [a]
nonrefundable application fee [in an amount not to exceed $25].
(b) A separate application is required for each enrollment,
reenrollment, or transfer enrollment. The application fee applies
only to the first enrollment. The department [board] may not charge
the application fee for any later enrollment, reenrollment, or
transfer enrollment.
SECTION 2.13. Section 1601.265, Occupations Code, is
amended to read as follows:
Sec. 1601.265. WAIVER OF LICENSE REQUIREMENTS; PERSONAL
INTERVIEW. (a) The department [board] may waive any license
requirement for an applicant holding a license from another state
or country that has license requirements substantially equivalent
to those of this state.
(b) The department [board] may not require a personal
interview as part of the application process.
SECTION 2.14. Subsection (b), Section 1601.301,
Occupations Code, is amended to read as follows:
(b) A person who owns, operates, or manages a barbershop or
specialty shop must:
(1) submit an application to the department [board]
for an appropriate permit for each shop; and
(2) register with the department [board] the person's
full name and the location of each shop.
SECTION 2.15. Section 1601.302, Occupations Code, is
amended to read as follows:
Sec. 1601.302. TEMPORARY BARBERSHOP PERMIT. (a) A person
who opens a new barbershop shall submit, not later than the third
day after the date the shop opens, an application to the department
[board] for a temporary barbershop permit accompanied by the
required [an] inspection fee [not to exceed $70].
(b) The application must provide:
(1) the permanent address of the barbershop;
(2) the legal description of the premises to be
licensed; and
(3) other information required by the department
[board].
SECTION 2.16. Section 1601.303, Occupations Code, is
amended to read as follows:
Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. The
department [board] shall issue a barbershop permit to an applicant
if:
(1) the applicant holds a Class A barber certificate;
(2) the applicant has practiced barbering for at least
12 months; and
(3) the shop meets the minimum health standards for
barbershops set by the commission [board] and all other rules of the
commission [board].
SECTION 2.17. Subsections (b) and (c), Section 1601.304,
Occupations Code, are amended to read as follows:
(b) An applicant for a manicurist specialty shop permit must
submit:
(1) an application that includes:
(A) the shop's address;
(B) the legal description of the premises for
which the permit is sought; and
(C) any other information required by the
department [board]; and
(2) the required [an] inspection fee [in an amount not
to exceed $50].
(c) As soon as practicable after receipt of the application
and fee, the department [board] shall issue a temporary manicurist
specialty shop permit to the applicant. The applicant may operate
the applicant's shop under the temporary permit until a permanent
permit is issued.
SECTION 2.18. Section 1601.305, Occupations Code, is
amended to read as follows:
Sec. 1601.305. ISSUANCE OF MANICURIST SPECIALTY SHOP
PERMIT. The department [board] shall issue a permanent manicurist
specialty shop permit to an applicant if:
(1) the applicant holds a manicurist license; and
(2) the shop meets the minimum health standards for
manicurist specialty shops set by the commission [board], as
determined by a department [board] inspection under Section
1603.103, and any other requirements imposed by commission [board]
rule.
SECTION 2.19. Section 1601.309, Occupations Code, is
amended to read as follows:
Sec. 1601.309. PRACTICE BY COSMETOLOGIST AT SPECIALTY SHOP
PROHIBITED. A person who holds a license, permit, or certificate
issued by the department under Chapter 1602 [Texas Cosmetology
Commission] may not practice under that authority at a specialty
shop regulated under this chapter.
SECTION 2.20. Section 1601.310, Occupations Code, is
amended to read as follows:
Sec. 1601.310. RELOCATION OF SPECIALTY SHOP. (a) The
holder of a specialty shop permit may move the person's specialty
shop to a different location if the person receives department
[board] approval for the new location.
(b) The permit holder must notify the department [board] of
the move not later than the 10th day before the date the move is
scheduled to occur.
SECTION 2.21. Section 1601.352, Occupations Code, is
amended to read as follows:
Sec. 1601.352. APPLICATION FOR BARBER SCHOOL PERMIT.
(a) An applicant for a barber school permit must demonstrate to
the department [board] that the school meets the requirements of
this subchapter for issuance of a permit.
(b) Before issuing a barber school permit, the department
[board] must determine that the applicant is financially sound and
capable of fulfilling the applicant's commitments for training.
SECTION 2.22. Section 1601.353, Occupations Code, is
amended to read as follows:
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. (a) The
department [board] may not approve an application for a permit for a
barber school that provides training leading to issuance of a Class
A barber certificate unless the school has:
(1) an adequate school site housed in a substantial
building of permanent construction containing at least 2,800 square
feet of floor space, divided into:
(A) a senior department;
(B) a junior department;
(C) a class theory room;
(D) a supply room;
(E) an office space;
(F) a dressing and cloak room; and
(G) two sanitary, modern, separate restrooms,
each equipped with one commode and one of which is also equipped
with a urinal;
(2) a hard-surface floor-covering of tile or other
suitable material;
(3) at least 20 modern barber chairs, including a
cabinet and mirror for each chair;
(4) a lavatory behind every two barber chairs;
(5) a liquid sterilizer for each barber chair;
(6) an adequate number of latherers, vibrators, and
hair dryers for student use;
(7) adequate lighting for each room;
(8) at least 20 classroom chairs, a blackboard,
anatomical charts of the head, neck, and face, and one barber chair
in the class theory room;
(9) a library with library facilities available to
students containing at least one medical dictionary and a standard
work on human anatomy;
(10) adequate drinking fountain facilities, with at
least one for each floor;
(11) adequate toilet facilities for the students; and
(12) adequate fire-fighting equipment.
(b) An applicant for a barber school permit must submit to
the department [board]:
(1) a detailed drawing and chart of the proposed
physical layout of the school, showing the departments, floor
space, equipment, lights, and outlets;
(2) photographs of the proposed site for the school,
including the interior and exterior of the building, rooms, and
departments;
(3) a detailed copy of the training program;
(4) a copy of the catalogue and promotional literature
of the school;
(5) a copy of the building lease or proposed building
lease if the building is not owned by the school;
(6) a sworn statement showing the ownership of the
school; and
(7) the required [a] permit fee [not to exceed
$1,000].
SECTION 2.23. Section 1601.354, Occupations Code, is
amended to read as follows:
Sec. 1601.354. PREREQUISITES FOR GRADUATION. (a) The
department [board] may not approve an application for a barber
school permit unless the school requires as a prerequisite for
graduation the following hours of instruction:
(1) for a barber technician, 300 hours of instruction
completed in a course of not less than eight weeks;
(2) for a Class A barber, 1,500 hours of instruction
completed in a course of not less than nine months, at least 800
hours of which is in the actual practice of cutting hair as a
primary service;
(3) for a manicurist, 600 hours of instruction
completed in a course of not less than 16 weeks; and
(4) for a teacher, 1,000 hours of instruction
completed in a course of not less than six months.
(b) If a barber school offers a refresher course, the course
must require at least 300 hours of instruction. The commission
[board] by rule shall set the curriculum for a refresher course.
SECTION 2.24. Section 1601.355, Occupations Code, is
amended to read as follows:
Sec. 1601.355. SUPERVISION AND TEACHING REQUIREMENTS.
(a) The department [board] may not approve an application for a
permit for a barber school that provides training leading to
issuance of a Class A barber certificate unless the school is under
the direct supervision and control of a Class A barber certificate
holder who presents evidence of at least five years' experience as a
practicing barber.
(b) Each barber school for which a permit is sought must
have at least one teacher who has a teacher's certificate and is
capable and qualified to teach to the students the required
curriculum of the school. In addition to satisfying other
department [board] requirements, the teacher must demonstrate to
the department [board]:
(1) through a written and practical examination an
ability to teach the curriculum; and
(2) that the teacher is qualified to teach and:
(A) has had at least six months' experience as a
teacher in an approved school in this state or in another state
approved by the department [board]; or
(B) has completed 1,000 hours of instruction in a
postgraduate course as a student teacher in a department-approved
[board-approved] barber school in this state.
SECTION 2.25. Subsections (a) and (b), Section 1601.3571,
Occupations Code, are amended to read as follows:
(a) If on January 1 of any year the amount in the barber
school tuition protection account is less than $25,000, the
department [board] shall collect a fee from each barber school
during that year by applying a percentage to the school's renewal
fee at a rate that will bring the balance of the account to $25,000.
(b) The comptroller shall invest the account in the same
manner as other state funds. Sufficient money from the account
shall be appropriated to the department [board] for the purpose of
refunding unused tuition if a barber school ceases operation before
its course of instruction is complete. The department [board]
shall administer claims made against the account.
SECTION 2.26. Subsection (c), Section 1601.402,
Occupations Code, is amended to read as follows:
(c) The department [board] shall issue a renewal
certificate or license on receipt of a renewal application in the
form prescribed by the department [board], accompanied by a renewal
fee in an amount equal to the original certificate or license fee
[but not to exceed $100].
SECTION 2.27. The heading to Section 1601.404, Occupations
Code, is amended to read as follows:
Sec. 1601.404. [RENEWAL OR] REINSTATEMENT OF EXPIRED
CERTIFICATE OR LICENSE BY RETIREE.
SECTION 2.28. Section 1601.404(c), Occupations Code, is
amended to read as follows:
(c) A Class A barber or license holder who retires from
practice and whose certificate or license has been expired for more
than five years may qualify for a new certificate or license by
applying to the department [board] and by:
(1) making a proper showing to the department [board],
supported by a personal affidavit;
(2) paying the required [an] examination fee [not to
exceed $100];
(3) passing a satisfactory examination conducted by
the department [board]; and
(4) paying the fee for an original certificate or
license.
SECTION 2.29. Section 1601.405, Occupations Code, is
amended to read as follows:
Sec. 1601.405. RENEWAL WHILE IN ARMED FORCES. (a) The
department [board] may not require a Class A barber, barber
technician, teacher, or manicurist who is serving on active duty in
the United States armed forces to renew the person's certificate or
license.
(b) The department [board] shall issue a renewal
certificate or license on application and payment of the required
[a] renewal fee not later than the 90th day after the date the
person is released or discharged from active duty in the armed
forces. [The renewal fee is:
[(1) $10 if the application and payment are made
during the period beginning November 1 of an odd-numbered year and
ending October 31 of the following year; or
[(2) $5 if the application and payment are made during
the period beginning November 1 of an even-numbered year and ending
October 31 of the following year.]
SECTION 2.30. Section 1601.406, Occupations Code, is
amended to read as follows:
Sec. 1601.406. RENEWAL OF BARBERSHOP OR SPECIALTY SHOP
PERMIT. (a) A barbershop permit or specialty shop permit expires
on the second anniversary of the date of issuance [on July 1 of each
odd-numbered year].
(b) A barbershop permit holder may renew the permit by
paying the required [a] renewal fee [not to exceed $70].
(c) A specialty shop permit holder may renew the permit by
submitting to the department [board] a renewal application
accompanied by the required [a] renewal fee [not to exceed $50].
SECTION 2.31. Section 1601.407, Occupations Code, is
amended to read as follows:
Sec. 1601.407. RENEWAL OF BARBER SCHOOL PERMIT. (a) A
barber school permit expires on the first anniversary [September 1]
of the date of issuance [each year].
(b) A barber school may renew its permit by paying the
required [a] renewal fee [not to exceed $300].
SECTION 2.32. Section 1601.452, Occupations Code, is
amended to read as follows:
Sec. 1601.452. DISPLAY OF SANITATION RULES. Each
barbershop or specialty shop shall post in the shop a copy of the
commission's sanitation [board's] rules [adopted under Section
1601.152].
SECTION 2.33. Section 1601.453, Occupations Code, is
amended to read as follows:
Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by
the department [board] may practice barbering only at a location
for which the department [board] has issued a barbershop permit,
specialty shop permit, or barber school permit.
SECTION 2.34. Section 1601.454, Occupations Code, is
amended to read as follows:
Sec. 1601.454. PRACTICE AT FACILITY LICENSED OR PERMITTED
AS BARBER AND COSMETOLOGIST FACILITY [BY BOARD AND TEXAS
COSMETOLOGY COMMISSION]. (a) The commission [board] may not adopt
rules to restrict or prohibit practice by a Class A barber or
manicurist in a facility solely because the facility is licensed or
permitted by [both] the department under both this chapter and
Chapter 1602 [board and the Texas Cosmetology Commission].
(b) If a facility has a license or permit under both this
chapter and Chapter 1602 [the board and the Texas Cosmetology
Commission license or permit the same facility], the commission
[board] may not adopt rules requiring separate treatment of the
barbers and cosmetologists practicing in the facility or of their
customers, including separate:
(1) work areas for barbers and cosmetologists;
(2) waiting areas for customers of the barbers and
cosmetologists; or
(3) restrooms for the barbers and cosmetologists
practicing in the facility or for their customers.
SECTION 2.35. Section 1601.502, Occupations Code, is
amended to read as follows:
Sec. 1601.502. SUPERVISION OF BARBERSHOP. A person may not
operate a barbershop unless:
(1) the shop is at all times under the exclusive
supervision and management of a Class A barber; and
(2) no person is practicing on the premises by
authority of a license, permit, or certificate issued by the
department under Chapter 1602 [Texas Cosmetology Commission],
except as allowed by other law.
SECTION 2.36. Section 1601.503, Occupations Code, is
amended to read as follows:
Sec. 1601.503. NOTIFICATION OF CHANGE OF LOCATION. A
person operating under a barbershop permit may move the operation
to another location approved by the department [board] if the
person notifies the department [board] not later than the 10th day
before the date of the move.
SECTION 2.37. Section 1601.552, Occupations Code, is
amended to read as follows:
Sec. 1601.552. DISPLAY OF SANITATION RULES. Each barber
school shall post in the school a copy of the commission's
sanitation [board's] rules [adopted under Section 1601.152].
SECTION 2.38. Section 1601.554, Occupations Code, is
amended to read as follows:
Sec. 1601.554. CHANGE OF BARBER SCHOOL OWNERSHIP OR
LOCATION. (a) If a barber school changes ownership, the
department [board] must be notified of the change not later than the
10th day before the date the change takes effect.
(b) A barber school may not change the location of the
school unless the school obtains approval from the department
[board] before the change by showing that the proposed location
meets the requirements of Subchapter H for issuance of a permit to
the school.
SECTION 2.39. Section 1601.556, Occupations Code, is
amended to read as follows:
Sec. 1601.556. INFORMATION PROVIDED TO PROSPECTIVE
STUDENT. The holder of a barber school permit shall furnish each
prospective student with:
(1) a course outline;
(2) a schedule of the tuition and other fees assessed;
(3) the school's refund policy required under Section
1601.563;
(4) the school's grading policy and rules relating to
incomplete grades;
(5) the school's rules of operation and conduct,
including rules relating to absences;
(6) the department's [board's] name, mailing address,
and telephone number for the purpose of directing complaints to the
department [board]; and
(7) the current rates of job placement and employment
of students who complete a course of training.
SECTION 2.40. Section 1601.557, Occupations Code, is
amended to read as follows:
Sec. 1601.557. COURSE LENGTH AND CURRICULUM CONTENT.
(a) A barber school shall submit to the department [board] for
approval the course length and curriculum content for a course
offered by the school. The course length and curriculum content
shall be designed to reasonably ensure that a student develops the
job skills and knowledge necessary for employment. The school may
not implement a course length or curriculum content unless it is
approved by the department [board].
(b) Before issuing or renewing a permit under this chapter,
the department [board] shall require a school to account for all
course lengths and curriculum contents.
SECTION 2.41. Subsection (b), Section 1601.559,
Occupations Code, is amended to read as follows:
(b) The department [board] may inspect a school's
attendance record book at any time.
SECTION 2.42. Section 1601.561, Occupations Code, is
amended to read as follows:
Sec. 1601.561. REPORTS TO DEPARTMENT [BOARD]. (a) A
barber school shall maintain [submit] a monthly progress report [to
the board] regarding each student attending the school. The report
must certify the daily attendance record of each student and the
number of credit hours earned by each student during the previous
month.
(b) On a student's completion of a prescribed course of
instruction, the school shall notify [certify to] the department
[board] that the student has completed the required number of hours
and is eligible to take the appropriate examination.
(c) A barber school permit holder shall furnish to the
department [board]:
(1) the current course completion rates of students
who attend a course of instruction offered by the school; and
(2) job placement rates and employment rates of
students who complete a course of instruction.
SECTION 2.43. Subsection (d), Section 1601.566,
Occupations Code, is amended to read as follows:
(d) The department [board] may exempt a school from the
payment of interest if the school makes a good faith effort to
refund the tuition but is unable to locate the student. The school
shall provide to the department [board] on request documentation of
the school's effort to locate the student.
SECTION 2.44. Section 1601.603, Occupations Code, is
amended to read as follows:
Sec. 1601.603. DENIAL OF PERMIT; SUIT. (a) If the
department [board] denies an application for a barber school
permit, the school may request in writing the reasons for the
refusal.
(b) If the barber school meets the requirements for issuance
of the permit and shows that the requirements of this chapter have
been met, and the department [board] refuses to issue the permit,
the school may file suit in a district court in Travis County to
require the department [board] to issue the permit.
(c) A suit under Subsection (b) must be filed not later than
the 20th day after the date of the department's [board's] final
order denying issuance of the permit, if registered notice of the
order is mailed or it is otherwise shown that the school had notice
of the order not later than the 10th day after the date the
department [board] entered the order.
SECTION 2.45. Subsection (a), Section 1601.604,
Occupations Code, is amended to read as follows:
(a) The commission [board] shall suspend or revoke the
permit of a barber school that directly or indirectly violates this
chapter.
SECTION 2.46. Section 1601.605, Occupations Code, is
amended to read as follows:
Sec. 1601.605. PROBATION FOR ALTERING COURSE LENGTH. The
commission [board] shall place on probation a barber school that
alters a course length below or above industry standards until the
school:
(1) provides justification for the alteration; or
(2) adjusts the course length to meet industry
standards.
SECTION 2.47. Subsections (a), (b), and (c), Section
1601.606, Occupations Code, are amended to read as follows:
(a) If the department [board] has reasonable cause to
believe that a barber school has violated this chapter or a rule
adopted under this chapter, the department [board] may:
(1) order a peer review of the school; or
(2) suspend the admission of students to the school.
(b) The peer review shall be conducted by a peer review team
consisting of knowledgeable persons selected by the department
[board]. The department [board] shall attempt to provide a balance
on a peer review team between members assigned to the team who are
from this state and members who are from other states.
(c) The peer review team shall provide the department
[board] with an objective assessment of the school's curriculum
content and its application.
SECTION 2.48. Subsection (a), Section 1601.653,
Occupations Code, is amended to read as follows:
(a) A person commits an offense if the person is a barber
inspector or other department [board] employee and the person sells
barber supplies or engages in a business, other than barbering,
that deals directly with a barber, barbershop, specialty shop, or
barber school.
ARTICLE 3. REGULATION OF COSMETOLOGY
SECTION 3.01. Section 1602.001, Occupations Code, is
amended to read as follows:
Sec. 1602.001. GENERAL DEFINITIONS. In this chapter:
(1) "Board" means the Advisory Board on Cosmetology.
(2) "Commission" means the Texas [Cosmetology]
Commission of Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Executive director" means the executive director
of the department.
(5) [(2)] "Public school" includes a public high
school, a public junior college, or any other nonprofit tax-exempt
institution that conducts a cosmetology program.
SECTION 3.02. The heading to Subchapter B, Chapter 1602,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. ADVISORY BOARD ON [TEXAS] COSMETOLOGY [COMMISSION]
SECTION 3.03. The heading to Section 1602.051, Occupations
Code, is amended to read as follows:
Sec. 1602.051. BOARD [COMMISSION]; MEMBERSHIP.
SECTION 3.04. Subsection (a), Section 1602.051,
Occupations Code, is amended to read as follows:
[(a)] The Advisory Board on [Texas] Cosmetology
[Commission] consists of five [six] members appointed by the
presiding officer of the commission, with the commission's
approval, [governor with the advice and consent of the senate] as
follows:
(1) one member who holds a license for a beauty shop
that is part of a chain of beauty shops [license];
(2) one member who holds a license for a beauty shop
that is not part of a chain of beauty shops;
(3) one member who holds a private beauty culture
school license; and
(4) [(3)] two members who each hold an operator
license[; and
[(4) two members who represent the public].
SECTION 3.05. Subsections (a) and (c), Section 1602.055,
Occupations Code, are amended to read as follows:
(a) Members of the board [commission] serve staggered
six-year terms, with the terms of one or two members expiring on the
same date [December 31 of] each odd-numbered year.
(c) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, [governor] shall appoint a replacement to fill the
unexpired term.
SECTION 3.06. The heading to Section 1602.058, Occupations
Code, is amended to read as follows:
Sec. 1602.058. PRESIDING OFFICER[; COMMITTEES].
SECTION 3.07. Subsection (a), Section 1602.058,
Occupations Code, is amended to read as follows:
[(a)] The presiding officer of the commission, with the
commission's approval, [governor] shall designate one member of the
commission as presiding officer to serve in that capacity for a
two–year term [at the pleasure of the governor].
SECTION 3.08. Subchapter B, Chapter 1602, is amended by
adding Section 1602.060 to read as follows:
Sec. 1602.060. BOARD DUTIES. The board shall:
(1) advise the commission on rules, enforcement,
licensing requirements, and continuing education;
(2) recommend to the commission standards of practice,
conduct, and ethics for persons regulated under this chapter and
Chapter 1603; and
(3) advise the commission in establishing education
requirements for initial applicants.
SECTION 3.09. The heading to Subchapter D, Chapter 1602,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. ADDITIONAL POWERS AND DUTIES RELATED TO COSMETOLOGY
SECTION 3.10. Subsections (a) and (b), Section 1602.153,
Occupations Code, are amended to read as follows:
(a) The department [commission] may request and, if
necessary, compel by subpoena:
(1) the attendance of a witness for examination under
oath; and
(2) the production for inspection and copying of
records and other evidence relevant to the investigation of an
alleged violation of this chapter.
(b) If a person fails to comply with a subpoena issued under
this section, the department [commission], acting through the
attorney general, may file suit to enforce the subpoena in a
district court in Travis County or in the county in which a hearing
conducted by the department [commission] may be held.
SECTION 3.11. Subsection (c), Section 1602.251,
Occupations Code, is amended to read as follows:
(c) A person licensed by the department [commission] may
practice cosmetology only at a facility operated by a person
holding a beauty shop license, private beauty culture school
license, or other license issued by the department [commission].
SECTION 3.12. Subsection (b), Section 1602.258,
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 or 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; and
(3) have the necessary requisites as determined by the
department [commission] in the particular specialty for which
certification is sought, including training through a
commission-approved training program.
SECTION 3.13. Subsections (a) and (b), Section 1602.266,
Occupations Code, are amended to read as follows:
(a) The department [commission] shall require a student
enrolled in a school of cosmetology in this state to hold a permit
stating the student's name and the name of the school. The permit
shall be displayed in a reasonable manner at the school.
(b) The department [commission] shall issue a student
permit to an applicant who submits an application to the department
[commission] for a student permit accompanied by the required fee.
SECTION 3.14. Subsection (b), Section 1602.267,
Occupations Code, is amended to read as follows:
(b) The department [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].
SECTION 3.15. Subsection (b), Section 1602.302,
Occupations Code, is amended to read as follows:
(b) An application for a beauty shop license must be
accompanied by the required inspection fee and:
(1) be on a form prescribed by the department
[commission];
(2) contain proof of the particular requisites for a
beauty shop established by the commission; and
(3) be verified by the applicant.
SECTION 3.16. Subsections (b) and (c), Section 1602.303,
Occupations Code, are amended to read as follows:
(b) An application for a private beauty culture school
license must be accompanied by the required license fee and
inspection fee and:
(1) be on a form prescribed by the department
[commission];
(2) be verified by the applicant;
(3) contain a detailed floor plan of the school
building divided into two separate areas, one area for instruction
in theory and one area for clinic work; and
(4) contain a statement that the building:
(A) is fireproof;
(B) is of permanent construction;
(C) contains a minimum of 3,500 square feet of
floor space;
(D) has separate restrooms for male and female
students; and
(E) contains, or will contain before classes
begin, the equipment established by commission rule as sufficient
to properly instruct a minimum of 50 students.
(c) The applicant is entitled to a private beauty culture
school license if:
(1) the department [commission] determines that the
applicant is financially sound and capable of fulfilling the
school's commitments for training;
(2) the applicant's facilities pass an inspection
conducted by the department under Section 1603.103 [commission];
and
(3) the applicant has not committed an act that
constitutes a ground for denial of a license.
SECTION 3.17. Subsection (b), Section 1602.305,
Occupations Code, is amended to read as follows:
(b) An application for a specialty shop license must be
accompanied by the required inspection fee and:
(1) be on a form prescribed by the department
[commission];
(2) contain proof of the particular requisites for a
specialty shop as established by the commission; and
(3) be verified by the applicant.
SECTION 3.18. Subsection (b), Section 1602.306,
Occupations Code, is amended to read as follows:
(b) An application for a booth rental license must:
(1) be on a form prescribed by the department
[commission];
(2) contain information as required by commission
rule; and
(3) be verified by the applicant.
SECTION 3.19. The heading to Section 1602.352, Occupations
Code, is amended to read as follows:
Sec. 1602.352. REQUIREMENT FOR FIRST [PROCEDURE FOR] RENEWAL
OF LICENSE [OR REINSTATEMENT].
SECTION 3.20. Subchapter H, Chapter 1602, Occupations Code,
is amended by adding Section 1602.353 to read as follows:
Sec. 1602.353. INACTIVE STATUS. (a) Not later than the
10th day before the expiration date of a certificate or license
issued under this chapter, the certificate or license holder may
place the certificate or license on inactive status by:
(1) submitting an application for inactive status to
the department on a form prescribed by the department; and
(2) paying the required fee.
(b) Except as provided by Subsection (e), a person whose
certificate or license is on inactive status is not required to
complete continuing education required under this chapter.
(c) A person whose certificate or license is on inactive
status may reapply for inactive status before the expiration date
of the certificate or license. The person must pay the required
fee.
(d) A license holder may not employ a person on inactive
status.
(e) A person on inactive status may return the certificate
or license to active status by:
(1) applying to the department for active status on a
form prescribed by the department;
(2) paying the required fee; and
(3) providing evidence satisfactory to the department
that the person has completed the number of hours of continuing
education that would otherwise have been required for a renewal of
an active license for the preceding two-year license period.
(f) The commission may set fees and adopt rules to implement
this section.
SECTION 3.21. Section 1602.405, Occupations Code, is
amended to read as follows:
Sec. 1602.405. PRACTICE AT FACILITY LICENSED OR PERMITTED
AS BARBER AND COSMETOLOGIST FACILITY [BY COMMISSION AND STATE BOARD
OF BARBER EXAMINERS]. (a) The commission may not adopt rules to
restrict or prohibit practice by a cosmetologist in a facility
solely because the facility is licensed or permitted by [both] the
department under both this chapter and Chapter 1601 [commission and
the State Board of Barber Examiners].
(b) If a facility has a license or permit under both this
chapter and Chapter 1601 [the commission and the State Board of
Barber Examiners license the same facility], the commission may not
adopt rules requiring separate treatment of the barbers and
cosmetologists practicing in the facility or of their customers,
including separate:
(1) work areas for barbers and cosmetologists;
(2) waiting areas for customers of the barbers and
cosmetologists; or
(3) restrooms for the barbers and cosmetologists
practicing in the facility or for their customers.
SECTION 3.22. Subsection (a), Section 1602.451,
Occupations Code, is amended to read as follows:
(a) The holder of a private beauty culture school license
shall:
(1) maintain a sanitary establishment;
(2) maintain on its staff and on duty during business
hours one full-time licensed instructor for each 25 students in
attendance;
(3) maintain a daily record of students' attendance;
(4) establish regular class and instruction hours and
grades;
(5) require a school term of not less than nine months
and not less than 1,500 hours instruction for a complete course in
cosmetology;
(6) require a school term of not less than 600 hours
instruction for a complete course in manicuring;
(7) hold examinations before issuing diplomas;
(8) maintain a copy of the school's curriculum in a
conspicuous place and verify that the curriculum is being followed;
(9) publish in the school's catalogue and enrollment
contract a description of the refund policy required under Section
1602.458; and
(10) [submit to the executive director the name of
each student within 10 days after the date the student enrolls in
the school and notify the executive director of the withdrawal or
graduation of a student not later than the 10th day after the date
the student withdraws or graduates; and
[(11)] provide the department [commission] with
information on:
(A) the current course completion rates of
students who attend a course of instruction offered by the school;
and
(B) job placement rates and employment rates of
students who complete the course of instruction.
SECTION 3.23. Section 1602.452, Occupations Code, is
amended to read as follows:
Sec. 1602.452. INFORMATION PROVIDED TO PROSPECTIVE
STUDENT. The holder of a private beauty culture school license
shall furnish each prospective student with:
(1) a course outline;
(2) a schedule of the tuition and other fees assessed;
(3) the refund policy required under Section 1602.458;
(4) the school grading policy and rules relating to
incomplete grades;
(5) the school rules of operation and conduct,
including rules relating to absences;
(6) the name, mailing address, and telephone number of
the department [commission] for the purpose of directing complaints
to the department [commission]; and
(7) the current rates of job placement and employment
of students who complete a course of training.
SECTION 3.24. Subsection (c), Section 1602.453,
Occupations Code, is amended to read as follows:
(c) Before issuing or renewing a license under this chapter,
the department [commission] shall require a school to account for
each course length and curriculum content.
SECTION 3.25. Section 1602.454, Occupations Code, is
amended to read as follows:
Sec. 1602.454. STUDENT RECORD. A private beauty culture
school shall notify [send to] the department [commission a
certified copy of a student's record, indicating all course hours
completed by the student and whether the agreed tuition has been
paid,] when a [the] student[:
[(1)] graduates from a course of training offered by
the school and is eligible to take the appropriate examination[; or
[(2) withdraws or transfers from a course of training
without completion of the training].
SECTION 3.26. Subsection (d), Section 1602.460,
Occupations Code, is amended to read as follows:
(d) The department [commission] may exempt a school from the
payment of interest if the school makes a good faith effort to
refund the tuition but is unable to locate the student. The school
shall provide to the department [commission] on request
documentation of the effort to locate the student.
SECTION 3.27. Subsection (a), Section 1602.463,
Occupations Code, is amended to read as follows:
(a) If a private beauty culture school closes, the
department [commission] shall attempt to arrange for students
enrolled in the closed school to attend another private beauty
culture school.
SECTION 3.28. Subsections (a) and (b), Section 1602.464,
Occupations Code, are amended to read as follows:
(a) If on January 1 of any year the amount in the private
beauty culture school tuition protection account is less than
$200,000, the department [commission] shall collect a fee from each
private beauty culture school during that year by applying a
percentage to the school's renewal fee at a rate that will bring the
balance of the account to $200,000.
(b) The comptroller shall invest the account in the same
manner as other state funds. Sufficient money from the account
shall be appropriated to the department [commission] for the
purpose described by Section 1602.463. The department [commission]
shall administer claims made against the account.
SECTION 3.29. Subsections (a), (b), and (c), Section
1602.465, Occupations Code, are amended to read as follows:
(a) If the department [commission] has reasonable cause to
believe that a private beauty culture school has violated this
chapter or a rule adopted under this chapter, the department
[commission] may:
(1) order a peer review of the school; or
(2) suspend the admission of students to the school.
(b) The peer review shall be conducted by a peer review team
consisting of knowledgeable persons selected by the department
[commission]. The department [commission] shall attempt to provide
a balance on each team between members assigned to the team who are
from this state and those who are from other states.
(c) The team shall provide the department [commission] with
an objective assessment of the content of the school's curriculum
and its application.
ARTICLE 4. CONFORMING AMENDMENTS
SECTION 4.01. Section 232.002, Family Code, is amended to
read as follows:
Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER.
The following are licensing authorities subject to this chapter:
(1) Department of Agriculture;
(2) [Texas Commission on Alcohol and Drug Abuse;
[(3)] Texas Alcoholic Beverage Commission;
(3) [(4)] Texas Appraiser Licensing and Certification
Board;
(4) [(5)] Texas Board of Architectural Examiners;
(5) [(6) State Board of Barber Examiners;
[(7)] Texas Board of Chiropractic Examiners;
(6) [(8)] Comptroller of Public Accounts;
(7) [(9) Texas Cosmetology Commission;
[(10)] Court Reporters Certification Board;
(8) [(11)] State Board of Dental Examiners;
(9) [(12)] Texas State Board of Examiners of
Dietitians;
(10) [(13)] Texas Funeral Service Commission;
(11) [(14) Texas] Department of State Health Services
[Health];
(12) [(15) Texas] Department of Aging and Disability
[Human] Services;
(13) [(16)] Texas Board of Professional Land
Surveying;
(14) [(17)] Texas Department of Licensing and
Regulation;
(15) [(18)] Texas State Board of Examiners of Marriage
and Family Therapists;
(16) [(19)] Texas State Board of Medical Examiners;
(17) [(20)] Midwifery Board;
(18) [(21)] Texas Commission on Environmental
Quality;
(19) [(22)] Board of Nurse Examiners;
(20) [(23)] Texas Board of Occupational Therapy
Examiners;
(21) [(24)] Texas Optometry Board;
(22) [(25)] Parks and Wildlife Department;
(23) [(26)] Texas State Board of Examiners of
Perfusionists;
(24) [(27)] Texas State Board of Pharmacy;
(25) [(28)] Texas Board of Physical Therapy
Examiners;
(26) [(29)] Texas State Board of Plumbing Examiners;
(27) [(30)] Texas State Board of Podiatric Medical
Examiners;
(28) [(31)] Polygraph Examiners Board;
(29) [(32)] Texas [Commission on] Private Security
Board;
(30) [(33)] Texas State Board of Examiners of
Professional Counselors;
(31) [(34)] Texas Board of Professional Engineers;
(32) [(35)] Department of Family and Protective [and
Regulatory] Services;
(33) [(36)] Texas State Board of Examiners of
Psychologists;
(34) [(37)] Texas State Board of Public Accountancy;
(35) [(38)] Department of Public Safety of the State
of Texas;
(36) [(39)] Public Utility Commission of Texas;
(37) [(40)] Railroad Commission of Texas;
(38) [(41)] Texas Real Estate Commission;
(39) [(42)] State Bar of Texas;
(40) [(43)] Texas State Board of Social Worker
Examiners;
(41) [(44)] State Board of Examiners for
Speech-Language Pathology and Audiology;
(42) [(45)] Texas Structural Pest Control Board;
(43) [(46)] Board of Tax Professional Examiners;
(44) [(47)] Secretary of State;
(45) [(48)] Supreme Court of Texas;
(46) [(49)] Texas Transportation Commission;
(47) [(50)] State Board of Veterinary Medical
Examiners;
(48) [(51)] Texas Ethics Commission;
(49) [(52)] Advisory Board of Athletic Trainers;
(50) [(53)] State Committee of Examiners in the
Fitting and Dispensing of Hearing Instruments;
(51) [(54)] Texas Board of Licensure for Professional
Medical Physicists;
(52) [(55)] Texas Department of Insurance;
(53) [(56)] Texas Board of Orthotics and Prosthetics;
(54) [(57)] savings and loan commissioner;
(55) [(58)] Texas Juvenile Probation Commission; and
(56) [(59)] Texas Lottery Commission under Chapter
466, Government Code.
SECTION 4.02. Subsection (d), Section 411.122, Government
Code, is amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) [State Board of Barber Examiners;
[(4)] Texas Board of Chiropractic Examiners;
(4) [(5) Texas Cosmetology Commission;
[(6)] State Board of Dental Examiners;
(5) [(7)] Texas Board of Professional Engineers;
(6) [(8)] Texas Funeral Service Commission;
(7) [(9)] Texas Board of Professional Geoscientists;
(8) [(10) Texas] Department of State Health Services,
except as provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Board of Examiners of
Perfusionists;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) [(11)] Texas Board of Professional Land
Surveying;
(10) [(12)] Texas Department of Licensing and
Regulation, except as provided by Section 411.093;
(11) [(13)] Texas Commission on Environmental
Quality;
(12) [(14)] Texas Board of Occupational Therapy
Examiners;
(13) [(15)] Texas Optometry Board;
(14) [(16)] Texas State Board of Pharmacy;
(15) [(17)] Texas Board of Physical Therapy
Examiners;
(16) [(18)] Texas State Board of Plumbing Examiners;
(17) [(19)] Texas State Board of Podiatric Medical
Examiners;
(18) [(20)] Polygraph Examiners Board;
(19) [(21)] Texas State Board of Examiners of
Psychologists;
(20) [(22)] Texas Real Estate Commission;
(21) [(23)] Board of Tax Professional Examiners;
(22) [(24)] Texas Department of Transportation;
(23) [(25)] State Board of Veterinary Medical
Examiners;
(24) [(26) Board of Vocational Nurse Examiners;
[(27)] Texas Department of Housing and Community
Affairs;
(25) [(28)] secretary of state;
(26) [(29)] state fire marshal;
(27) [(30)] Texas Education Agency; and
(28) [(31)] Department of Agriculture.
SECTION 4.03. Subsection (a), Section 2054.352, Government
Code, is amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353[, as added by Chapter
353, Acts of the 77th Legislature, Regular Session, 2001]:
(1) [State Board of Barber Examiners;
[(2)] Texas Board of Chiropractic Examiners;
(2) [(3) Texas Cosmetology Commission;
[(4)] Court Reporters Certification Board;
(3) [(5)] State Board of Dental Examiners;
(4) [(6)] Texas Funeral Service Commission;
(5) [(7)] Texas Board of Professional Land Surveying;
(6) [(8)] Texas State Board of Medical Examiners;
(7) [(9)] Board of Nurse Examiners;
(8) [(10)] Texas Optometry Board;
(9) [(11)] Texas Structural Pest Control Board;
(10) [(12)] Texas State Board of Pharmacy;
(11) [(13)] Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) [(14)] Texas State Board of Plumbing Examiners;
(13) [(15)] Texas State Board of Podiatric Medical
Examiners;
(14) [(16)] Board of Tax Professional Examiners;
(15) [(17)] Polygraph Examiners Board;
(16) [(18)] Texas State Board of Examiners of
Psychologists;
(17) [(19)] State Board of Veterinary Medical
Examiners;
(18) [(20)] Texas Real Estate Commission;
(19) [(21)] Texas Appraiser Licensing and
Certification Board;
(20) [(22)] Texas Department of Licensing and
Regulation;
(21) [(24)] Texas State Board of Public Accountancy;
(22) [(25)] State Board for Educator Certification;
(23) [(26)] Texas Board of Professional Engineers;
(24) [(27) Texas] Department of State Health
Services;
(25) [(28)] Texas Board of Architectural Examiners;
(26) [(29)] Texas Racing Commission;
(27) [(30)] Commission on Law Enforcement Officer
Standards and Education; and
(28) [(31)] Texas [Commission on] Private Security
Board.
ARTICLE 5. REPEALER
SECTION 5.01. The following laws are repealed:
(1) Subchapters C, D, E, and O, Chapter 1601,
Occupations Code;
(2) Subchapters C, E, and K, Chapter 1602, Occupations
Code; and
(3) Sections 1601.004, 1601.051(b) and (c), 1601.052,
1601.053, 1601.054, 1601.056, 1601.057, 1601.252, 1601.261,
1601.262, 1601.263, 1601.264, 1601.266, 1601.267, 1601.356,
1601.401, 1601.402(d), 1601.403, 1601.404(a) and (b), 1601.408,
1601.601, 1601.651, 1601.654, 1602.004, 1602.051(b) and (c),
1602.052, 1602.053, 1602.054, 1602.055(b), 1602.056, 1602.057,
1602.058(b), 1602.059, 1602.151, 1602.152, 1602.154, 1602.155,
1602.252, 1602.253, as amended by Chapter 1282, Acts of the 78th
Legislature, Regular Session, 2003, 1602.259, 1602.260, 1602.261,
1602.263, 1602.264, 1602.265, 1602.303(d), 1602.304(b),
1602.351(d), 1602.352(b) through (f), 1602.407, 1602.551,
1602.552, 1602.553, and 1602.555, Occupations Code.
ARTICLE 6. TRANSITION AND EFFECTIVE DATE
SECTION 6.01. (a) The State Board of Barber Examiners and
the Texas Cosmetology Commission are abolished but continue in
existence until September 1, 2006, for the sole purpose of
transferring obligations, property, employees, rights, powers, and
duties to the Texas Department of Licensing and Regulation. The
Texas Department of Licensing and Regulation assumes all of the
obligations, property, employees, rights, powers, and duties of the
State Board of Barber Examiners and the Texas Cosmetology
Commission, as they exist immediately before the effective date of
this Act. All unexpended funds appropriated to the State Board of
Barber Examiners and the Texas Cosmetology Commission are
transferred to the Texas Department of Licensing and Regulation.
The transfer of the obligations, property, employees, rights,
powers, and duties of the State Board of Barber Examiners and the
Texas Cosmetology Commission to the Texas Department of Licensing
and Regulation must be completed not later than September 1, 2006.
(b) All rules of the State Board of Barber Examiners and the
Texas Cosmetology Commission are continued in effect as rules of
the Texas Commission of Licensing and Regulation until superseded
by a rule of the Texas Commission of Licensing and Regulation. A
certificate, license, or permit issued by the State Board of Barber
Examiners or the Texas Cosmetology Commission is continued in
effect as provided by the law in effect immediately before the
effective date of this Act. A complaint, investigation, contested
case, or other proceeding pending on the effective date of this Act
is continued without change in status after the effective date of
this Act. An inspection or other activity conducted by the State
Board of Barber Examiners or the Texas Cosmetology Commission is
considered to be an inspection or activity conducted by the Texas
Department of Licensing and Regulation, including an inspection or
other activity conducted for purposes of allowing a school, shop,
or facility to continue to operate under Section 1603.103,
Occupations Code, as added by this Act.
(c) A reference in another law or an administrative rule to
the State Board of Barber Examiners or the Texas Cosmetology
Commission means the Texas Department of Licensing and Regulation.
SECTION 6.02. Sections 1602.353 and 1603.352, Occupations
Code, as added by this Act, take effect January 1, 2006.
SECTION 6.03. This Act takes effect September 1, 2005.
* * * * *