83R5103 SLB-D
 
  By: Harper-Brown H.B. No. 3156
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain practices in barbering and
  cosmetology.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1601.251, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), a [A] person may
  not perform or offer or attempt to perform any act of barbering
  unless the person holds an appropriate certificate, license, or
  permit.
         (a-1)  A person is not required to hold a license,
  certificate, or permit if the person's only act of barbering
  consists of shampooing or conditioning a person's hair.
         SECTION 2.  Section 1602.251, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), a [A] person may
  not perform or attempt to perform a practice of cosmetology unless
  the person holds a license or certificate to perform that practice.
         (a-1)  A person is not required to hold a license,
  certificate, or permit if the person's only act of cosmetology
  consists of shampooing or conditioning a person's hair.
         SECTION 3.  Section 1602.258(a), Occupations Code, is
  amended to read as follows:
         (a)  A person holding a specialty certificate may perform
  only the practice of cosmetology defined in Section [Sections]
  1602.002(a)(2) or [through] (4).
         SECTION 4.  The following sections of the Occupations Code
  are repealed:
               (1)  Section 1601.261; and
               (2)  Section 1602.267.
         SECTION 5.  (a)  A permit issued under Section 1601.261 or
  1602.267, Occupations Code, in effect on the effective date of this
  Act expires on that date.
         (b)  A proceeding under Title 9, Occupations Code, including
  a complaint investigation, disciplinary action, and administrative
  penalty proceeding, relating to the holder of a permit under
  Section 1601.261 or 1602.267, Occupations Code, pending on the
  effective date of this Act is terminated on that date.
         (c)  The Texas Department of Licensing and Regulation shall
  return to a person who holds a valid permit under Section 1601.261
  or 1602.267, Occupations Code, as those sections existed
  immediately before the effective date of this Act, a prorated
  portion of the fee paid to the department for the issuance or
  renewal of the permit.
         SECTION 6.  This Act takes effect September 1, 2013.