79R8869 MXM-D
By: Carona S.B. No. 1245
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbers and related occupations,
barbershops and specialty shops, and barber schools; providing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1601.051(b), Occupations Code, is
amended to read as follows:
(b) One member appointed under Subsection (a)(1) must be a
resident of a county with a population of 75,000 [25,000] or less.
SECTION 2. Section 1601.253(b), Occupations Code, is
amended to read as follows:
(b) The 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 a fee set by board rule [not to exceed $100];
and
(4) possesses the other qualifications required by
this chapter.
SECTION 3. Sections 1601.254(a) and (c), 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 an examination fee set by board rule [not to
exceed $100] with the application.
(c) The board shall issue a teacher's certificate to an
applicant who:
(1) passes the appropriate examination; and
(2) pays a certificate fee set by board rule [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 4. Sections 1601.256(b) and (d), 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
board-approved training program consisting of not less than 300
hours in a period of not less than eight weeks; and
(4) submit a [$10 administration] fee set by board
rule with the application.
(d) The 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 a license fee set by the board [not to exceed
$100]; and
(4) has not committed an act that is a ground for
denial of a license.
SECTION 5. Sections 1601.257(b) and (c), Occupations Code,
are amended to read as follows:
(b) An applicant for a manicurist license must:
(1) be at least 17 [16] years of age;
(2) have completed the seventh grade or the equivalent
of the seventh grade;
(3) have completed a board-approved training program
consisting of 600 hours of instruction in manicuring; and
(4) submit a [$10 administration] fee set by board
rule with the application.
(c) The 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 a license fee set by board rule [not to exceed
$30]; and
(4) has not committed an act that is a ground for
denial of a license.
SECTION 6. 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 board in
the form prescribed by the board;
(2) have completed the seventh grade;
(3) satisfy other requirements specified by the board;
and
(4) submit with the application a nonrefundable
application fee set by board rule [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 board may [not] charge a separate
[the application] fee set by board rule for any later enrollment,
reenrollment, or transfer enrollment.
SECTION 7. Section 1601.261(b), Occupations Code, is
amended to read as follows:
(b) The board by rule shall set the fee for an examination
necessary to receive a certificate to practice barbering or to
practice as a barber technician or a manicurist [in an amount not to
exceed $50].
SECTION 8. Section 1601.266, Occupations Code, is amended
to read as follows:
Sec. 1601.266. DUPLICATE CERTIFICATE. The board may issue
a duplicate certificate on written application of the certificate
holder and payment of a fee set by board rule [not to exceed $10].
SECTION 9. Section 1601.301, Occupations Code, is amended
by amending Subsection (b) and adding Subsections (c) and (d) to
read as follows:
(b) A person who owns, operates, or manages a barbershop or
specialty shop must, not later than the third day after the date on
which the shop opens for business,[:
[(1)] submit an application to the board for an
appropriate permit for the [each] shop, accompanied by the
application fee set by board rule[; and
[(2) register with the board the person's full name and
the location of each shop].
(c) The application must provide:
(1) the permanent address of the barbershop or
specialty shop;
(2) the legal description of the premises to be
licensed;
(3) the person's full name; and
(4) any other information required by the board.
(d) A person operating under a barbershop permit or
specialty shop permit may not move the operation to another
location without submitting a new application to the board,
accompanied by the application fee set by board rule.
SECTION 10. Section 1601.303, Occupations Code, is amended
to read as follows:
Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. (a) The
board shall issue a barbershop permit to an applicant if:
(1) the applicant is an owner of the shop [holds a
Class A barber certificate];
[(2) the applicant has practiced barbering for at
least 12 months;] and
(2) [(3)] the shop meets the minimum health standards
for barbershops set by the board and complies with all other rules
of the board.
(b) If a barber is not the owner of the barbershop, the shop
owner's name must also appear on the barbershop permit.
SECTION 11. Section 1601.304(b), Occupations Code, is
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 board;
and
(2) an inspection fee in an amount set by board rule
[not to exceed $50].
SECTION 12. Section 1601.353(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a barber school permit must submit to
the 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) a permit fee set by board rule [not to exceed
$1,000].
SECTION 13. Section 1601.356(b), Occupations Code, is
amended to read as follows:
(b) A barber school that is not approved by the board on
initial inspection may be reinspected. The board shall charge a
reinspection fee in an amount set by board rule [not to exceed
$500].
SECTION 14. Section 1601.402(c), Occupations Code, is
amended to read as follows:
(c) The board shall issue a renewal certificate or license
on receipt of a renewal application in the form prescribed by the
board, accompanied by a renewal fee in an amount set by board rule
[equal to the original certificate or license fee but not to exceed
$100].
SECTION 15. Section 1601.403, Occupations Code, is amended
to read as follows:
Sec. 1601.403. RENEWAL OF TEACHER'S CERTIFICATE. The board
shall renew a teacher's certificate biennially on or before
November 1 of each odd-numbered year on payment of a renewal fee set
by board rule [not to exceed $100].
SECTION 16. Sections 1601.404(b) and (c), Occupations Code,
are amended to read as follows:
(b) A Class A barber or license holder whose certificate or
license has been expired for not more than five years may reinstate
the person's certificate or license by applying to the board and
submitting a personal affidavit that the board determines provides
a justification for issuing a certificate or license to the person.
The person must pay a fee set by board rule [equal to the amount of
the current certificate or license fee] and an additional
delinquency fee set by board rule [of $30] for each year or part of a
year the certificate or license has been expired.
(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 board and by:
(1) making a proper showing to the board, supported by
a personal affidavit;
(2) paying an examination fee set by board rule [not to
exceed $100];
(3) passing a satisfactory examination conducted by
the board; and
(4) paying the fee for an original certificate or
license.
SECTION 17. Section 1601.405(b), Occupations Code, is
amended to read as follows:
(b) The board shall issue a renewal certificate or license
on application and payment of the current [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 18. 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 of the permit
[July 1 of each odd-numbered year].
(b) A barbershop permit holder may renew the permit by
paying a renewal fee set by board rule [not to exceed $70].
(c) A specialty shop permit holder may renew the permit by
submitting to the board a renewal application accompanied by a
renewal fee set by board rule [not to exceed $50].
SECTION 19. Section 1601.407(b), Occupations Code, is
amended to read as follows:
(b) A barber school may renew its permit by paying a renewal
fee set by board rule [not to exceed $300].
SECTION 20. Section 1601.408, Occupations Code, is amended
to read as follows:
Sec. 1601.408. RENEWAL OF EXPIRED PERMIT. A person holding
a barbershop, specialty shop, or barber school permit that has been
expired for more than 30 days may renew the person's permit by
submitting to the board a renewal application accompanied by:
(1) the regular renewal fee; and
(2) an additional delinquency fee set by board rule
[of $30] for each year or part of a year the permit has been expired.
SECTION 21. Subchapter I, Chapter 1601, Occupations Code,
is amended by adding Section 1601.409 to read as follows:
Sec. 1601.409. CONTINUING EDUCATION. The board may
recognize, prepare, or administer continuing education programs
for the practice of barbering. Participation in the programs is
voluntary.
SECTION 22. Section 1601.501, Occupations Code, is amended
to read as follows:
Sec. 1601.501. DISPLAY OF BARBERSHOP OR SPECIALTY SHOP
PERMIT. The holder of a [A] barbershop permit or specialty shop
permit [holder] must display the permit in a conspicuous place in
the shop for which the permit is issued.
SECTION 23. Section 1601.506, Occupations Code, is amended
to read as follows:
Sec. 1601.506. CLEANLINESS. The board by rule shall adopt
reasonable standards for cleanliness applicable to each holder of a
license or permit under this chapter [(a) A person in charge of a
barbershop or specialty shop shall:
[(1) keep the shop and all furniture, tools,
appliances, and other equipment used at the shop in a clean
condition;
[(2) wash thoroughly, at least once daily, and
otherwise maintain the cleanliness of each comb, hairbrush, or
similar item used in the shop; and
[(3) sterilize, at least once after each use, each
mug, shaving brush, razor, scissors, shears, clippers, or tweezers
used in the shop].
[(b) A barber or other person regulated under this chapter
shall immediately after using:
[(1) a mug, shaving brush, or clippers for the service
of a person, sterilize the equipment by immersing it in boiling
water for at least one minute; or
[(2) a razor or scissors, shears, or tweezers for the
service of a person, sterilize the equipment by:
[(A) immersing it for at least 10 minutes in a
five percent aqueous solution of carbolic acid; or
[(B) immersing it in boiling water for at least
one minute.
[(c) A barber or other person regulated under this chapter
may not:
[(1) use for the service of a customer:
[(A) a comb or hairbrush or any similar item that
is not thoroughly clean;
[(B) a mug, shaving brush, or razor or shears,
scissors, clippers, or tweezers that are not thoroughly clean or
that have not been sterilized since last used; or
[(C) a towel or washcloth that has not been
laundered since last used;
[(2) serve a customer unless the person thoroughly
cleans the person's hands immediately before the service;
[(3) use on more than one person the same piece of alum
or other material to stop the flow of blood;
[(4) shave a person when the surface to be shaved is
inflamed, is broken out, or contains pus;
[(5) permit any person to use the headrest of any
barber's chair under the person's control until after the headrest
has been covered with a towel that has been laundered since last
used or with clean new paper or a similar clean substance;
[(6) use a powder puff or sponge in the service of a
customer unless it has been sterilized since last used;
[(7) use a finger bowl unless it has been sterilized
since last used and fresh water or other liquid has been placed in
the bowl; or
[(8) serve a customer without the use of a sanitized
neck strip, cloth towel, or paper towel between the customer and the
chair cloth.
[(d) A person subject to Subsection (c) may use a neck
duster in providing services for a customer.]
SECTION 24. Section 1601.560(a), Occupations Code, is
amended to read as follows:
(a) In addition to the teacher required by Section
1601.355(b), a barber school that provides training leading to
issuance of a Class A barber certificate shall have at least one
qualified instructor, holding a Class A certificate, for every 25
[20] students on the premises [for instruction in practical work].
A teacher may serve as an instructor in practical work in addition
to holding a position as a theory teacher.
SECTION 25. Sections 1601.651(a) and (b), Occupations Code,
are amended to read as follows:
(a) The attorney general may file an action for an
injunction or other proceeding to:
(1) enforce this chapter; or
(2) enjoin a barber, barbershop owner, or barber
school from operating in violation of this chapter.
(b) A barber, barbershop owner, or barber school that
operates in violation of this chapter is liable to the state for a
civil penalty in the amount of $25 a day for each day a violation
occurs. The attorney general may bring an action under this
subsection. The attorney general shall bring an action under this
subsection in Travis County.
SECTION 26. Subchapter N, Chapter 1601, Occupations Code,
is amended by adding Sections 1601.652 and 1601.655 to read as
follows:
Sec. 1601.652. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter or a rule adopted under
this chapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $100 or more than $300.
Sec. 1601.655. EMERGENCY ORDERS; CEASE AND DESIST ORDERS.
(a) The executive director may issue an emergency order as
necessary to enforce this chapter if the executive director
determines that an emergency exists requiring immediate action to
protect the public health and safety.
(b) The executive director may issue an emergency order
under Subsection (a) without notice and hearing or with any notice
and hearing the executive director considers practicable under the
circumstances. The executive director shall set the time and place
for a hearing to affirm, modify, or set aside an emergency order
that was issued without a hearing.
(c) The executive director may issue a cease and desist
order.
SECTION 27. Section 1601.705(a), Occupations Code, is
amended to read as follows:
(a) If the person requests a hearing [or fails to respond in
a timely manner to the notice], the executive director shall set a
hearing and give written notice of the hearing to the person. An
administrative law judge of the State Office of Administrative
Hearings shall hold the hearing.
SECTION 28. Sections 1601.264, 1601.302, 1601.310,
1601.311, 1601.402(d), and 1601.503, Occupations Code, are
repealed.
SECTION 29. Chapter 1601, Occupations Code, as amended by
this Act, applies only to a license or permit issued, or a fee
charged, by the State Board of Barber Examiners on or after the
effective date of this Act.
SECTION 30. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.