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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the practice of barbering. |
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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, or 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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(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 1601.051, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.051. BOARD; MEMBERSHIP. The Advisory Board on |
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Barbering consists of five members appointed by the presiding |
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officer of the commission, with the commission's approval, as |
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follows: |
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(1) two members, each of whom: |
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(A) is engaged in the practice of barbering as a |
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Class A barber; and |
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(B) does not own a barbershop or franchise [hold
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a barbershop permit]; |
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(2) two members, each of whom is a barbershop owner who |
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holds a barbershop permit; and |
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(3) one member who holds a permit to conduct or operate |
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a barber school. |
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SECTION 3. 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; |
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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; and |
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(4) the shop employs a barber certified under Section |
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1601.253. |
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SECTION 4. (a) The change in law made by this Act to the |
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Advisory Board on Barbering does not affect the entitlement of a |
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member serving on the board immediately before the effective date |
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of this Act to serve the remainder of the member's term. |
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(b) The change in law to Section 1601.303, Occupations Code, |
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as amended by this Act, applies only to a permit application |
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submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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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, 2009. |