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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a licensed barber or cosmetology |
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school, shop, or facility before initial inspection by the Texas |
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Department of Licensing and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1602.303(c), Occupations Code, is |
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amended to read as follows: |
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(c) The applicant is entitled to a private beauty culture |
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school license if: |
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(1) the department determines that the applicant is |
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financially sound and capable of fulfilling the school's |
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commitments for training; and |
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(2) [the applicant's facilities pass an inspection
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conducted by the department under Section 1603.103; and
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[(3)] the applicant has not committed an act that |
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constitutes a ground for denial of a license. |
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SECTION 2. Section 1603.103, Occupations Code, is amended |
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to read as follows: |
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Sec. 1603.103. INITIAL INSPECTION OF SCHOOLS, SHOPS, AND |
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FACILITIES [BEFORE OPERATION]. (a) A person may [Until the
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department determines, by inspection, that the person has
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established the school, shop, or facility in compliance with this
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chapter, Chapter 1601, or Chapter 1602, a person may not] operate a |
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school, shop, or other facility licensed or permitted under this |
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chapter, Chapter 1601, or Chapter 1602 before the department |
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initially inspects the school, shop, or facility if the person |
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posts evidence in the school, shop, or facility that: |
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(1) the person has obtained liability insurance |
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required by the department; |
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(2) the person has paid all fees required by the |
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department; and |
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(3) the department has approved the name of the |
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school, shop, or facility. |
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(b) The department shall initially inspect each newly |
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licensed or permitted school, shop, or other facility as soon as |
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practicable before or after the date the school, shop, or facility |
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begins operation. If the department determines in the initial |
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inspection that the school, shop, or facility is not in compliance |
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with this chapter, Chapter 1601, or Chapter 1602, the person may not |
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operate or continue to operate the school, shop, or facility until |
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the department determines, on reinspection, that the school, shop, |
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or facility is in compliance [A school, shop, or other facility that
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is not approved by the department on initial inspection may be
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reinspected]. |
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(c) The school, shop, or other facility shall pay a fee for |
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each inspection. The commission shall by rule set the amount of the |
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fee. |
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SECTION 3. The changes in law made by this Act apply only to |
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a person who files an application with the Texas Department of |
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Licensing and Regulation for a license issued under Chapter 1601, |
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1602, or 1603, Occupations Code, that is pending on the effective |
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date of this Act or that is filed on or after that date. |
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SECTION 4. 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. |