80R8726 JMM-D
 
  By: Harper-Brown H.B. No. 2903
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to certain sanitation requirements applicable to
barbering and cosmetology.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1602.256(a), Occupations Code, is
amended to read as follows:
       (a)  A person holding a manicurist license may perform only
the practice of cosmetology defined in Section 1602.002(a)(10) or
(11) [1602.002(9) or (10)].
       SECTION 2.  Section 1603.352, Occupations Code, is amended
to read as follows:
       Sec. 1603.352.  SANITATION REQUIREMENTS FOR CERTAIN
SERVICES.  (a)  A person who holds a license, certificate, or
permit issued under this chapter, Chapter 1601, or Chapter 1602 and
who performs a barbering service described by Section
1601.002(1)(E) or (F) or a cosmetology service described by Section
1602.002(a)(10) or (11) [1602.002(10) or (11)]:
             (1)  shall, before performing the service, disinfect
and sterilize with an autoclave or a dry heat, ultraviolet, or other
department-approved sterilizer each nondisposable instrument used
to perform the service; and
             (2)  may use a disposable supply or instrument only if
that supply or instrument is purchased at the location where the
service is performed or provided by the person on whom the service
is performed.
       (b)  The owner or manager of a barber shop, barber school,
beauty shop, specialty shop, or beauty culture school is
responsible for providing an autoclave or a dry heat, ultraviolet,
or other department-approved sterilizer for use in the shop or
school as required by Subsection (a). An autoclave or a dry heat,
ultraviolet, or other department-approved sterilizer used as
required by Subsection (a) must be:
             (1)  registered and listed with the federal Food and
Drug Administration; and
             (2)  used in accordance with the manufacturer's
instructions.
       SECTION 3.  Sections 1601.506 and 1602.408, Occupations
Code, are repealed.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.