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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 1601.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, |
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"barbering," "practicing barbering," or the "practice of |
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barbering" means: |
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(1) performing or offering or attempting to perform |
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for compensation or the promise of compensation any of the |
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following services: |
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(A) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, shaving, styling, or |
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trimming; |
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(B) treating a person's hair by: |
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(i) arranging, beautifying, bleaching, |
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cleansing, coloring, curling, dressing, dyeing, processing, |
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shampooing, shaping, singeing, straightening, styling, tinting, or |
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waving; |
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(ii) providing a necessary service that is |
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preparatory or ancillary to a service under Subparagraph (i), |
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including bobbing, clipping, cutting, or trimming; or |
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(iii) cutting the person's hair as a |
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separate and independent service for which a charge is directly or |
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indirectly made separately from a charge for any other service; |
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(C) cleansing, stimulating, or massaging a |
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person's scalp, face, neck, arms, or shoulders: |
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(i) by hand or by using a device, apparatus, |
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or appliance; and |
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(ii) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(D) beautifying a person's face, neck, arms, or |
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shoulders using a cosmetic preparation, antiseptic, tonic, lotion, |
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powder, oil, clay, cream, or appliance; |
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(E) treating a person's nails by: |
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(i) cutting, trimming, polishing, tinting, |
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coloring, cleansing, manicuring, or pedicuring; or |
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(ii) attaching false nails; |
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(F) massaging, cleansing, treating, or |
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beautifying a person's hands; |
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(G) administering facial treatments; |
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(H) weaving a person's hair by using any method |
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to attach commercial hair to a person's hair or scalp; |
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(I) shampooing or conditioning a person's hair; |
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[or] |
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(J) servicing in any manner listed in Paragraph |
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(B) a person's wig, toupee, or artificial hairpiece on a person's |
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head or on a block after the initial retail sale; or |
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(K) braiding a person's hair, trimming hair |
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extensions only as applicable to the braiding process, and |
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attaching commercial hair only by braiding and without the use of |
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chemicals or adhesives; |
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(2) advertising or representing to the public in any |
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manner that a person is a barber or is authorized to practice |
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barbering; or |
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(3) advertising or representing to the public in any |
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manner that a location or place of business is a barbershop, |
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specialty shop, or barber school. |
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SECTION 2. Section 1601.253(b), Occupations Code, is |
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amended to read as follows: |
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(b) The department shall issue a Class A barber certificate |
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to an applicant who: |
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(1) complies with the application requirements of this |
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chapter; |
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(2) passes the applicable examination [with an average
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grade of at least 75 percent]; |
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(3) pays the required fee; and |
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(4) possesses the other qualifications required by |
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this chapter. |
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SECTION 3. Subchapter F, Chapter 1601, Occupations Code, is |
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amended by adding Sections 1601.258 and 1601.259 to read as |
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follows: |
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Sec. 1601.258. ELIGIBILITY FOR HAIR WEAVING SPECIALTY |
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CERTIFICATE OF REGISTRATION. (a) A person holding a hair weaving |
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specialty certificate of registration may perform only barbering as |
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defined by Section 1601.002(1)(H). |
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(b) An applicant for a hair weaving specialty certificate of |
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registration must: |
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(1) be at least 17 years of age; and |
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(2) satisfy the requirements specified by the |
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department, including training through a commission-approved |
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training program. |
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(c) The department shall issue a hair weaving specialty |
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certificate of registration to an applicant who: |
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(1) possesses the qualifications described by |
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Subsection (b); |
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(2) pays the required registration fee; and |
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(3) has not committed an act that constitutes a ground |
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for denial of the certificate. |
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Sec. 1601.259. ELIGIBILITY FOR HAIR BRAIDING SPECIALTY |
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CERTIFICATE OF REGISTRATION. (a) A person holding a hair braiding |
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specialty certificate of registration may perform only barbering as |
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defined by Section 1601.002(1)(K). |
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(b) An applicant for a hair braiding specialty certificate |
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must: |
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(1) be at least 17 years of age; and |
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(2) satisfy the requirements specified by the |
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department, including training through a commission-approved |
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training program. |
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(c) The department shall issue a hair braiding specialty |
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certificate of registration to an applicant who: |
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(1) possesses the qualifications described by |
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Subsection (b); |
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(2) pays the required registration fee; and |
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(3) has not committed an act that constitutes a ground |
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for denial of the certificate. |
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SECTION 4. Section 1601.303, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.303. ISSUANCE OF BARBERSHOP PERMIT. The |
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department shall issue a barbershop permit to an applicant if: |
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(1) the applicant owns the barbershop; [and] |
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(2) the applicant verifies the application; and |
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(3) the shop meets the minimum health standards for |
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barbershops set by the commission and complies with all other |
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commission rules. |
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SECTION 5. Sections 1601.304 and 1601.305, Occupations |
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Code, are amended to read as follows: |
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Sec. 1601.304. [MANICURIST] SPECIALTY SHOP PERMIT. (a) A |
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person who holds a [manicurist] specialty shop permit may maintain |
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an establishment in which only barbering as defined by Section |
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[Sections] 1601.002(1)(E), [and] (F), (H), or (K) is performed. [A
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manicurist specialty shop may be operated only under the direction
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of a person who holds a manicurist license.] |
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(b) An applicant for a [manicurist] specialty shop permit |
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must submit: |
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(1) an application on a department-approved form [that
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includes:
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[(A)the shop's address;
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[(B) the legal description of the premises for
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which the permit is sought; and
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[(C) any other information required by the
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department]; and |
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(2) the required inspection fee. |
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[(c) As soon as practicable after receipt of the application
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and fee, the department shall issue a temporary manicurist
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specialty shop permit to the applicant. The applicant may operate
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the applicant's shop under the temporary permit until a permanent
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permit is issued.] |
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Sec. 1601.305. ISSUANCE OF [MANICURIST] SPECIALTY SHOP |
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PERMIT. The department shall issue a [permanent manicurist] |
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specialty shop permit to an applicant if: |
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(1) the applicant submits proof that the applicant |
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satisfies the requirements established by the commission for a |
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specialty shop [holds a manicurist license]; [and] |
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(2) the applicant pays the required inspection fee and |
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permit fee; |
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(3) the applicant verifies the application and the |
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application complies with commission rules; and |
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(4) the applicant has not committed an act that |
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constitutes a ground for denial of a permit, certificate, or |
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license under this chapter [the shop meets the minimum health
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standards for manicurist specialty shops set by the commission, as
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determined by a department inspection under Section 1603.103, and
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any other requirements imposed by commission rule]. |
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SECTION 6. Section 1601.353(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department may not approve an application for a |
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permit for a barber school that provides training leading to |
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issuance of a Class A barber certificate unless the school has: |
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(1) a [an adequate school site housed in a
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substantial] building of permanent construction containing at |
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least 2,800 square feet of floor space, divided into at least: |
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(A) a senior department; |
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(B) a junior department; |
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(C) a class theory room; |
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(D) a supply room; |
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(E) an office space; and |
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(F) [a dressing and cloak room; and
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[(G)two sanitary, modern,] separate restrooms |
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for male and female students[, each equipped with one commode and
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one of which is also equipped with a urinal]; |
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(2) a hard-surface floor-covering of tile or other |
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suitable material; |
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(3) at least 20 modern barber chairs, including a |
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cabinet and mirror for each chair; |
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(4) a sink for [lavatory behind] every two barber |
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chairs; |
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(5) a liquid sterilizer for each barber chair; |
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(6) an adequate number of latherers, vibrators, and |
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hair dryers for student use; |
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(7) adequate lighting for each room; |
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(8) at least 20 classroom chairs, a blackboard, |
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anatomical charts of the head, neck, and face, and one barber chair |
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in the class theory room; |
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(9) [a library with library facilities available to
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students containing] at least one medical dictionary and a standard |
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work on human anatomy; |
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(10) adequate drinking fountain facilities, with at |
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least one for each floor; and |
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(11) at least one fire extinguisher [adequate
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toilet facilities for the students; and
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[(12)adequate fire-fighting equipment]. |
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SECTION 7. Section 1601.453, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by |
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the department may practice barbering only at a location for which |
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the department has issued a barbershop permit, specialty shop |
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permit, or barber school permit under this chapter or a permit |
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issued under Chapter 1603. |
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SECTION 8. Section 1602.303(b), Occupations Code, is |
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amended to read as follows: |
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(b) An application for a private beauty culture school |
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license must be accompanied by the required license fee and |
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inspection fee and: |
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(1) be on a form prescribed by the department; |
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(2) be verified by the applicant; and |
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(3) [contain a detailed floor plan of the school
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building divided into two separate areas, one area for instruction
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in theory and one area for clinic work; and
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[(4)] contain a statement that the building: |
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(A) [is fireproof;
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[(B)] is of permanent construction and is divided |
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into at least two separate areas: |
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(i) one area for instruction in theory; and |
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(ii) one area for clinic work; |
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(B) [(C)] contains a minimum of 3,500 square feet |
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of floor space; |
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(C) [(D)] has separate restrooms for male and |
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female students; and |
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(D) [(E)] contains, or will contain before |
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classes begin, the equipment established by commission rule as |
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sufficient to properly instruct a minimum of 50 students. |
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SECTION 9. Section 1603.103, Occupations Code, is amended |
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to read as follows: |
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Sec. 1603.103. INSPECTION OF SCHOOLS[, SHOPS, AND
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FACILITIES] BEFORE OPERATION. (a) Until the department |
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determines, by inspection, that the person has established the |
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school[, shop, or facility] in compliance with this chapter, |
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Chapter 1601, or Chapter 1602, a person may not operate a school[,
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shop, or other facility] licensed or permitted under this chapter, |
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Chapter 1601, or Chapter 1602. |
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(b) A school[, shop, or other facility] that is not approved |
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by the department on initial inspection may be reinspected. |
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(c) The department may charge the school[, shop, or other
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facility shall pay] a fee for each inspection. The commission shall |
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by rule set the amount of the fee. |
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SECTION 10. Sections 1603.104(b) and (e), Occupations Code, |
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are amended to read as follows: |
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(b) At least once every two years, the department shall |
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inspect each [school,] shop[,] or other facility that holds a |
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license, certificate, or permit in which the practice of barbering |
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or cosmetology is performed under this chapter, Chapter 1601, or |
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Chapter 1602, and at least twice per year, the department shall |
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inspect each school in which barbering or cosmetology is taught |
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under this chapter, Chapter 1601, or Chapter 1602. |
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(e) The department may charge the school, shop, or other |
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facility [shall pay] a fee for each inspection performed under this |
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section [Subsection (c)]. The commission shall by rule set the |
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amount of the fee. |
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SECTION 11. Subchapter C, Chapter 1603, Occupations Code, |
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is amended by adding Section 1603.1045 to read as follows: |
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Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The |
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department may contract with a person to perform for the department |
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inspections of a school, shop, or other facility under this |
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chapter, Chapter 1601, or Chapter 1602. |
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SECTION 12. Subchapter E, Chapter 1603, Occupations Code, |
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is amended by adding Section 1603.205 to read as follows: |
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Sec. 1603.205. DUAL BARBER AND BEAUTY SHOP LICENSE. (a) A |
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person holding a dual barber and beauty shop license may own, |
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operate, or manage a shop in which any practice of barbering defined |
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by Section 1601.002(1) or cosmetology defined by Section |
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1602.002(a) is performed. |
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(b) An applicant for a dual barber and beauty shop license |
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must submit: |
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(1) an application on a department-approved form that |
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is verified by the applicant; |
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(2) proof that the applicant meets the applicable |
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requirements under Chapters 1601 and 1602 for obtaining a |
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barbershop permit and a beauty shop license; and |
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(3) the required license fee. |
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(c) The department shall issue a dual barber and beauty shop |
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license to an applicant that: |
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(1) meets the requirements under this chapter and |
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Chapters 1601 and 1602; |
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(2) complies with commission rules; and |
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(3) pays the required fees. |
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(d) The holder of a dual barber and beauty shop license must |
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comply with this chapter, Chapters 1601 and 1602, and commission |
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rules related to barbering and cosmetology. |
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SECTION 13. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt the rules necessary to implement Sections 1601.258, 1601.259, |
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and 1603.205, Occupations Code, as added by this Act. |
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SECTION 14. The changes in law made by this Act apply only |
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to an application for the issuance or renewal of a license, permit, |
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or certificate that is filed with the Texas Department of Licensing |
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and Regulation on or after the effective date of this Act. An |
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application for the issuance or renewal of a license, permit, or |
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certificate that is filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 15. Notwithstanding Section 1603.205, Occupations |
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Code, as added by this Act, the Texas Department of Licensing and |
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Regulation may not issue a license under that section before May 1, |
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2008. |
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SECTION 16. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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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. |
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(b) Section 1603.205, Occupations Code, as added by this |
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Act, takes effect May 1, 2008. |