BILL ANALYSIS

 

 

 

C.S.H.B. 2720

By: Goldman

Licensing & Administrative Procedures

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that some requirements, particularly requirements relating to shampooing hair, imposed on certain barbering and cosmetology licensees are onerous and unnecessary.
C.S.H.B. 2720 seeks to address this issue.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2720 repeals Occupations Code provisions relating to the issuance of a shampoo apprentice permit and establishes that such a previously issued permit and a previously issued shampoo specialty certificate expire on the bill's effective date. The bill amends the Occupations Code to remove shampooing and conditioning a person's hair from the definitions of "barbering," "practicing barbering," "practice of barbering," and "cosmetology" and to remove those activities from the restricted authorization to perform barbering or cosmetology under various categories of limited barbering and cosmetology licenses. The bill removes the prohibition against a person holding a beauty shop license or specialty shop license from employing a person to shampoo or condition a person's hair unless the person holds a student permit.

 

C.S.H.B. 2720 repeals Sections 1601.261 and 1602.267, Occupations Code.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1. Section 1601.002, Occupations Code, is amended.

SECTION 1. Same as introduced version.

 

SECTION 2. Section 1601.254(c), Occupations Code, is amended.

SECTION 2. Same as introduced version.

 

SECTION 3. Section 1601.256(a), Occupations Code, is amended.

SECTION 3. Same as introduced version.

 

SECTION 4. Section 1601.259(a), Occupations Code, is amended.

SECTION 4. Same as introduced version.

 

SECTION 5. Section 1601.304(a), Occupations Code, is amended.

SECTION 5. Same as introduced version.

 

SECTION 6. Section 1602.002(a), Occupations Code, is amended.

SECTION 6. Same as introduced version.

 

SECTION 7. Section 1602.255(c), Occupations Code, is amended.

SECTION 7. Same as introduced version.

 

SECTION 8. Section 1602.256(a), Occupations Code, is amended.

SECTION 8. Same as introduced version.

 

SECTION 9. Section 1602.257(a), Occupations Code, is amended.

SECTION 9. Same as introduced version.

 

SECTION 10. Section 1602.2571(a), Occupations Code, is amended.

SECTION 10. Same as introduced version.

SECTION 11. Section 1602.259(a), Occupations Code, is amended.

SECTION 11. Same as introduced version.

SECTION 12. Section 1602.260(a), Occupations Code, is amended.

SECTION 12. Same as introduced version.

SECTION 13. Section 1602.261(a), Occupations Code, is amended.

SECTION 13. Same as introduced version.

SECTION 14. Section 1602.305(a), Occupations Code, is amended.

SECTION 14. Same as introduced version.

SECTION 15. Section 1602.354(a), Occupations Code, is amended.

SECTION 15. Same as introduced version.

SECTION 16. Section 1602.403(c), Occupations Code, is amended to read as follows:

(c)  A person holding a beauty shop license or specialty shop license may not employ:

(1)  a person as an operator or specialist or lease to a person who acts as an operator or specialist unless the person holds a license or certificate under this chapter or under Chapter 1601; or

(2)  a person to shampoo or condition a person's hair unless the person holds a [shampoo apprentice permit or] student permit.

 

SECTION 16.  Section 1602.403(c), Occupations Code, is amended to read as follows:

(c)  A person holding a beauty shop license or specialty shop license may not employ[:

[(1)]  a person as an operator or specialist or lease to a person who acts as an operator or specialist unless the person holds a license or certificate under this chapter or under Chapter 1601[; or

[(2)  a person to shampoo or condition a person's hair unless the person holds a shampoo apprentice permit or student permit].

SECTION 17. Section 1603.352(a), Occupations Code, is amended.

SECTION 17. Same as introduced version.

SECTION 18. Sections 1601.261 and 1602.267, Occupations Code, are repealed.

SECTION 18. Same as introduced version.

SECTION 19.  On the effective date of this Act, a shampoo apprentice permit issued under former Section 1601.261 or 1602.267, Occupations Code, expires.

 

SECTION 19.  On the effective date of this Act:

(1)  a shampoo apprentice permit issued under former Section 1601.261 or 1602.267, Occupations Code, expires; and

(2)  a shampoo specialty certificate issued under Chapter 1602 expires.

SECTION 20.  (a)  The changes in law made by this Act do not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

(b)  An offense or other violation of law committed before the effective date of this Act is governed by the law in effect when the offense or violation was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense or violation was committed before the effective date of this Act if any element of the offense or violation occurred before that date.

SECTION 20. Same as introduced version.

 

 

SECTION 21.  This Act takes effect September 1, 2015.

SECTION 21. Same as introduced version.