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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing and regulation of cosmetology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1602.256, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.256. ELIGIBILITY FOR A MANICURIST SPECIALTY |
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LICENSE. (a) A person holding a manicurist specialty license may |
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perform only the practice of cosmetology defined in Section |
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1602.002(a)(10) or (11) [1602.002(9) or (10)]. |
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(b) To be eligible for a manicurist specialty license, an |
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applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; and |
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(3) have completed 600 hours of instruction in |
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manicuring through a commission-approved training program. |
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SECTION 2. Section 1602.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a facialist specialty license may |
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perform only the practice of cosmetology defined in Section |
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1602.002(a)(6)-(9) [1602.002(7)]. |
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SECTION 3. Section 1602.258, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.258. ELIGIBILITY FOR A SPECIALTY |
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CERTIFICATE. (a) A person holding a specialty certificate may |
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perform only the practice of cosmetology defined in Section |
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1602.002(a)(2)-(4) [1602.002(2), (3), (4), or (7)]. |
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(b) To be eligible for a specialty certificate, an applicant |
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must: |
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(1) be at least 17 years of age; and |
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(2) [have obtained a high school diploma or the
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equivalent of a high school diploma or have passed a valid
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examination administered by a certified testing agency that
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measures the person's ability to benefit from training; and
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[(3)] have the necessary requisites as determined by |
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the department in the particular specialty for which certification |
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is sought, including training through a commission-approved |
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training program. |
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SECTION 4. Section 1602.262(a), Occupations Code, is |
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amended to read as follows: |
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(a) An applicant for an operator license, instructor |
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license, hairdresser specialty license, manicurist specialty |
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license, or facialist specialty license is entitled to the license |
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if the applicant: |
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(1) meets the applicable eligibility requirements; |
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(2) passes the applicable examination; |
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(3) pays the required fee; and |
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(4) has not committed an act that constitutes a ground |
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for denial of the license. |
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SECTION 5. Subchapter F, Chapter 1602, Occupations Code, is |
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amended by adding Section 1602.268 to read as follows: |
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Sec. 1602.268. ELIGIBILITY FOR A HAIRDRESSER SPECIALTY |
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LICENSE. (a) A person holding a hairdresser specialty license may |
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perform only the practice of cosmetology defined in Sections |
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1602.002(a)(1)-(5). |
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(b) To be eligible for a hairdresser specialty license, an |
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applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; and |
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(3) either: |
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(A) have completed 850 hours of instruction in |
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hairdressing through a commission-approved training program and |
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passed the applicable examinations; or |
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(B) hold a current operator license. |
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SECTION 6. Section 1602.354, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.354. CONTINUING EDUCATION. (a) The commission |
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will by rule recognize, prepare, or administer continuing education |
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programs for the practice of cosmetology. Participation in the |
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programs is mandatory for all license renewals. |
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(b) The commission may only require a license holder to |
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complete continuing education of not more than four hours in health |
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and safety courses if the license holder: |
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(1) is at least 65 years of age; and |
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(2) has held a cosmetology license for at least 15 |
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years. |
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SECTION 7. Section 1602.403(a), Occupations Code, is |
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amended to read as follows: |
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(a) A private beauty culture school may not employ: |
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(1) a person holding an operator license, manicurist |
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specialty license, or specialty certificate solely to perform the |
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practices of cosmetology for which the person is licensed or |
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certified; or |
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(2) a person holding an instructor license to perform |
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any act or practice of cosmetology. |
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SECTION 8. Section 1602.266(c), Occupations Code, is |
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repealed. |
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SECTION 9. Not later than January 1, 2008, the Texas |
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Commission of Licensing and Regulation shall adopt rules necessary |
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to implement the changes in law made by this Act, including rules to |
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administer: |
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(1) Section 1602.268, Occupations Code, as added by |
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this Act, related to curriculum, examination, and procedures for |
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issuance of a hairdresser specialty license; and |
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(2) Section 1602.354, Occupations Code, as amended by |
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this Act, related to continuing education and renewal requirements. |
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SECTION 10. (a) Section 1602.354, Occupations Code, as |
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amended by this Act, applies only to a license that is renewed on or |
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after the effective date of this Act. |
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(b) Section 1602.268, Occupations Code, as added by this |
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Act, takes effect January 1, 2008. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |