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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of cosmetology, including eyebrow or |
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facial hair threading. |
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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, preparations, or tweezing techniques; |
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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; |
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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) applying semipermanent, thread-like extensions |
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composed of single fibers to a person's eyelashes; or |
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(13) removing superfluous eyebrow or facial hair from |
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a person by using a thin piece of thread that is looped around the |
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hair and pulled to remove the hair. |
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SECTION 2. Chapter 1602, Occupations Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. ADVISORY BOARD ON THREADING |
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Sec. 1602.101. ADVISORY BOARD ON THREADING; MEMBERSHIP. |
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The advisory board on threading consists of five members appointed |
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by the presiding officer of the commission, with the commission's |
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approval, as follows: |
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(1) three members who each have at least five years of |
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experience performing eyebrow or facial hair threading; |
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(2) one member who holds an operator license; and |
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(3) one member who represents a small business related |
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to the practice of cosmetology. |
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Sec. 1602.102. TERMS; VACANCY. (a) Members of the advisory |
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board on threading serve two-year terms expiring on February 1 of |
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each odd-numbered year. A member may serve consecutive terms. |
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(b) If a vacancy occurs during a member's term, the |
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presiding officer of the commission, with the commission's |
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approval, shall appoint a replacement to fill the unexpired term. |
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Sec. 1602.103. PRESIDING OFFICER. The presiding officer of |
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the commission shall designate one member of the advisory board on |
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threading to serve as the presiding officer of that advisory board |
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at the will of the presiding officer of the commission. |
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Sec. 1602.104. DUTY OF ADVISORY BOARD ON THREADING. The |
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advisory board on threading shall advise the commission and the |
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department on education and qualifications for instructors of the |
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practice of cosmetology defined in Section 1602.002(a)(13) and make |
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recommendations related to the requirements of a training program |
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under Section 1602.2574. |
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SECTION 3. Section 1602.255, Occupations Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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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), (9), (10), [and] |
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(12), and (13). |
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(d) In adopting rules under Subsection (c), the commission |
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shall require a specialty instructor teaching a specialty course in |
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the practice of cosmetology defined in Section 1602.002(a)(13) to: |
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(1) have at least: |
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(A) three years of experience in eyebrow or |
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facial hair threading; and |
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(B) one year of experience as an owner or manager |
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of a beauty shop or specialty shop; and |
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(2) complete at least 48 hours of specialty training |
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regarding the instruction of eyebrow or facial hair threading. |
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SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is |
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amended by adding Sections 1602.2573 and 1602.2574 to read as |
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follows: |
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Sec. 1602.2573. ELIGIBILITY FOR A SPECIALTY LICENSE IN |
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EYEBROW OR FACIAL HAIR THREADING; WAIVER. (a) A person holding a |
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specialty license in eyebrow or facial hair threading may perform |
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only the practice of cosmetology defined in Section |
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1602.002(a)(13). |
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(b) To be eligible for a specialty license in eyebrow or |
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facial hair threading, 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 completed a training program described by |
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Section 1602.2574 that has been approved by the commission. |
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(c) The commission shall waive the requirement under |
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Subsection (b)(3) for an applicant who has, before the date the |
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person submits an application for a specialty license under this |
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section, completed at least one-half of the number of hours |
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required by Section 1602.254(b)(3) for the issuance of an operator |
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license. |
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Sec. 1602.2574. EYEBROW OR FACIAL HAIR THREADING TRAINING |
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PROGRAM. (a) An eyebrow or facial hair threading training program |
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must include at least 320 hours of classroom instruction and |
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practical experience, including at least eight hours of theoretical |
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instruction, and include instruction in the following areas: |
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(1) recognizing infectious or contagious diseases of |
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the skin and allergic reactions to materials; |
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(2) proper sanitation practices; |
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(3) occupational health and safety practices; |
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(4) eyebrow or facial hair threading techniques; |
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(5) eyebrow shaping techniques; and |
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(6) small business education and training. |
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(b) The commission shall adopt rules regarding eyebrow or |
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facial hair threading training programs and may establish or |
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designate approved training programs. |
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SECTION 5. Section 1602.262(a), Occupations Code, as |
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amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of |
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the 82nd Legislature, Regular Session, 2011, is reenacted to read |
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as follows: |
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(a) An applicant for a license under this chapter is |
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entitled to the license if the 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; |
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(4) has not committed an act that constitutes a ground |
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for denial of the license; and |
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(5) submits an application on a form prescribed by the |
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department. |
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SECTION 6. Section 1602.305(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty shop license may maintain |
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an establishment in which only the practice of cosmetology as |
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defined in Section 1602.002(a)(2), (4), (7), (9), (10), [or] (12), |
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or (13) is performed. |
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SECTION 7. Section 1602.354, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Rules adopted under Subsection (a) may require a person |
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holding a specialty license in eyebrow or facial hair threading to |
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complete only not less than four and not more than 10 hours of |
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continuing education each year in threading techniques and health |
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and safety topics. |
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SECTION 8. Section 1602.406(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding an operator license, instructor |
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license, specialty license, or specialty certificate may not |
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perform any practice of cosmetology if the person knows the person |
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is suffering from an infectious or contagious disease for which the |
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person is not entitled to protection under the federal Americans |
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with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). |
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SECTION 9. (a) Not later than December 1, 2013, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement Sections 1602.255 and 1602.354, Occupations Code, as |
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amended by this Act, and Sections 1602.2573 and 1602.2574, |
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Occupations Code, as added by this Act. |
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(b) A person is not required to hold a specialty license in |
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eyebrow or facial hair threading issued under Section 1602.2573, |
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Occupations Code, until June 1, 2014. |
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SECTION 10. This Act takes effect September 1, 2013. |