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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of barbering and 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(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist license may perform only |
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the practice of cosmetology defined in Section 1602.002(a)(10) or |
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(11) [1602.002(9) or (10)]. |
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SECTION 2. Section 1603.352, Occupations Code, is amended |
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to read as follows: |
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Sec. 1603.352. STERILIZATION [SANITATION] REQUIREMENTS FOR |
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CERTAIN SERVICES. (a) A person who holds a license, certificate, |
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or permit issued under this chapter, Chapter 1601, or Chapter 1602 |
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and who performs a barbering service described by Section |
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1601.002(1)(E) or (F) or a cosmetology service described by Section |
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1602.002(a)(10) or (11) [1602.002(10) or (11):
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[(1)] shall, before performing the service, clean, |
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disinfect, and sterilize with an autoclave or a dry heat |
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sterilizer, in accordance with the sterilizer manufacturer's |
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instructions, each metal [nondisposable] instrument, including |
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metal nail clippers, cuticle pushers, cuticle nippers, and other |
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metal instruments, used to perform the service[; and
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[(2) may use a disposable supply or instrument only if
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that supply or instrument is purchased at the location where the
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service is performed or provided by the person on whom the service
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is performed]. |
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(b) The owner or manager of a barber shop, barber school, |
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beauty shop, specialty shop, or beauty culture school, or other |
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facility licensed under this chapter, Chapter 1601, or Chapter |
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1602, is responsible for providing an autoclave or a dry heat |
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sterilizer for use in the shop or school as required by Subsection |
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(a). An autoclave or a dry heat sterilizer used as required by |
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Subsection (a) must be[:
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[(1)registered and] listed with the federal Food and |
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Drug Administration [; and
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[(2) used in accordance with the manufacturer's
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instructions]. |
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(c) Each sterilized instrument must be stored in accordance |
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with the manufacturer's instructions. |
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(d) This section does not apply to: |
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(1) single-use instruments; or |
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(2) nonmetal nail files, buffer blocks, pumice stones, |
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nail brushes, and other similar instruments. |
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(e) The commission may adopt rules to administer this |
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section. |
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SECTION 3. Subchapter J, Chapter 1603, Occupations Code, is |
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amended by adding Sections 1603.455 and 1603.456 to read as |
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follows: |
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Sec. 1603.455. EMERGENCY ORDERS. (a) The executive |
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director may issue an emergency order to suspend or revoke a license |
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or permit issued, or to cease the operation of an unsafe facility |
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regulated, by the department under this title if the executive |
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director determines that an emergency exists requiring immediate |
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action to protect the public health and safety. |
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(b) The executive director may issue the emergency order |
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with or without notice and hearing as the executive director |
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considers practicable under the circumstances. |
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(c) If an emergency order is issued under this section |
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without a hearing, the executive director, not later than the 10th |
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day after the date the order was issued, shall set the time and |
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place for a hearing conducted by the State Office of Administrative |
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Hearings to affirm, modify, or set aside the emergency order. The |
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hearing examiner shall affirm the order to the extent that |
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reasonable cause existed to issue the order. |
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(d) The commission by rule may prescribe procedures for the |
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issuance and appeal of an emergency order under this section, |
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including a rule to allow the commission to affirm, modify, or set |
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aside a decision by the State Office of Administrative Hearings |
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under Subsection (c). |
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(e) A proceeding under this section is a contested case |
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under Chapter 2001, Government Code. |
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Sec. 1603.456. CEASE AND DESIST ORDERS. The executive |
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director may issue a cease and desist order, after notice and |
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opportunity for hearing, if the executive director determines that |
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the order is necessary to prevent a violation of: |
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(1) this chapter, Chapter 1601, or Chapter 1602; or |
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(2) a rule adopted by the commission. |
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SECTION 4. Sections 1601.506 and 1602.408, Occupations |
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Code, are repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |