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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a person who performs certain |
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tissue-altering procedures be licensed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1602.002(a), Occupations Code, is |
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amended to read as follows: |
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(a) In this chapter, "cosmetology" means the practice of |
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performing or offering to perform for compensation any of the |
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following services: |
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(1) treating a person's hair by: |
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(A) providing any method of treatment as a |
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primary service, including arranging, beautifying, bleaching, |
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cleansing, coloring, cutting, dressing, dyeing, processing, |
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shampooing, shaping, singeing, straightening, styling, tinting, or |
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waving; |
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(B) providing a necessary service that is |
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preparatory or ancillary to a service under Paragraph (A), |
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including bobbing, clipping, cutting, or trimming; or |
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(C) cutting the person's hair as a separate and |
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independent service for which a charge is directly or indirectly |
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made separately from charges for any other service; |
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(2) weaving or braiding a person's hair; |
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(3) shampooing and conditioning a person's hair; |
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(4) servicing a person's wig or artificial hairpiece |
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on a person's head or on a block after the initial retail sale and |
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servicing in any manner listed in Subdivision (1); |
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(5) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, styling, or |
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trimming; |
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(6) cleansing, stimulating, or massaging a person's |
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scalp, face, neck, or arms: |
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(A) by hand or by using a device, apparatus, or |
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appliance; and |
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(B) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(7) beautifying a person's face, neck, or arms using a |
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cosmetic preparation, antiseptic, tonic, lotion, powder, oil, |
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clay, cream, or appliance; |
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(8) administering facial treatments; |
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(9) removing superfluous hair from a person's body |
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using depilatories or mechanical tweezers; |
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(10) treating a person's nails by: |
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(A) cutting, trimming, polishing, tinting, |
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coloring, cleansing, or manicuring; or |
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(B) attaching false nails; [or] |
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(11) massaging, cleansing, treating, or beautifying a |
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person's hands or feet; or |
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(12) performing a noninvasive procedure on a person's |
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tissue for cosmetic purposes, including microdermabrasion or |
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chemical exfoliation. |
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SECTION 2. Section 1602.254(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 1602.2585, a [A] person |
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holding an operator license may perform any practice of |
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cosmetology. |
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SECTION 3. Sections 1602.255(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) Except as provided by Section 1602.2585, a [A] person |
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holding an instructor license may perform any practice of |
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cosmetology and may instruct a person in any practice of |
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cosmetology. |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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cosmetology defined in Sections 1602.002(a)(7)[1602.002(7)], (9), |
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[and] (10), and (12). |
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SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is |
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amended by adding Section 1602.2585 to read as follows: |
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Sec. 1602.2585. ELIGIBILITY FOR TISSUE-ALTERING SPECIALIST |
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LICENSE. (a) Only a person holding a tissue-altering specialist |
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license may perform the practice of cosmetology defined in Section |
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1602.002(12). |
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(b) To be eligible for a tissue-altering specialist |
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license, an 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 the necessary requisites in the specialty as |
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determined by the department, including training through a |
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commission-approved training program. |
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SECTION 5. 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, manicurist license, tissue-altering specialist license, |
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or facialist specialty license is entitled to the license if the |
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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 6. 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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license, tissue-altering specialist license, or specialty |
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certificate solely to perform the practices of cosmetology for |
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which the person is licensed or 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 7. (a) Not later than January 1, 2008, the Texas |
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Department of Licensing and Regulation shall adopt rules as |
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required by Section 1602.2585, Occupations Code, as added by this |
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Act. |
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(b) Notwithstanding Section 1602.2585, Occupations Code, as |
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added by this Act, a person is not required to hold a license under |
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that section before June 1, 2008. |
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SECTION 8. This Act takes effect September 1, 2007. |