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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of barbering and cosmetology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1601, Occupations Code, is |
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amended by adding Section 1601.0025 to read as follows: |
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Sec. 1601.0025. SERVICES NOT CONSTITUTING BARBERING. |
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Notwithstanding Section 1601.002, "barbering," "practicing |
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barbering," and "practice of barbering" do not include threading, |
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which involves removing hair from an individual using a piece of |
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thread that is looped around the hair and pulled to remove the hair |
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from the skin and includes the incidental trimming of eyebrow hair. |
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SECTION 2. Section 1601.254(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for a barber instructor license, an |
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applicant must: |
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(1) be at least 18 years of age; |
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(2) have a high school diploma or a high school |
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equivalency certificate; |
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(3) hold a current Class A barber certificate; |
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(4) have completed: |
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(A) a course consisting of 750 hours of |
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instruction in barber courses and methods of teaching in a barber |
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school; [or] |
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(B) at least two years of work experience as a |
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licensed Class A barber immediately preceding the date of the |
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application; or |
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(C) at least one year of work experience as a |
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licensed Class A barber and: |
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(i) have completed 500 hours of instruction |
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in barber courses and methods of teaching in a commission-approved |
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training program; |
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(ii) have completed 15 semester hours in |
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education courses from an accredited college or university within |
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the 10 years preceding the date of the application; or |
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(iii) have obtained a degree in education |
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from an accredited college or university; and |
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(5) pass the required examination. |
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SECTION 3. Section 1601.455(b), Occupations Code, is |
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amended to read as follows: |
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(b) A person holding a license, certificate, or permit under |
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this chapter may perform a service within the scope of the license, |
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certificate, or permit at a location other than a licensed facility |
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for a client who: |
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(1) [,] because of illness or physical or mental |
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incapacitation, is unable to receive the services at a licensed |
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facility; or |
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(2) receives the services in preparation for a special |
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event, including a wedding or quinceañera. |
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SECTION 4. Section 1601.564(c), Occupations Code, is |
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amended to read as follows: |
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(c) If a student withdraws or is terminated after 50 percent |
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of the course has been completed, the school shall allow the student |
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to reenter the school at any time before the second [fourth] |
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anniversary of the date of withdrawal or termination. |
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SECTION 5. Section 1601.565, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.565. EFFECT OF STUDENT WITHDRAWAL. (a) A barber |
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school shall record a grade of incomplete for a student who |
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withdraws from a course of training but who is not entitled to a |
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refund under this chapter [Section 1601.564] if: |
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(1) the student requests the grade at the time of |
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withdrawal; and |
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(2) the withdrawal is for an appropriate reason |
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unrelated to the student's academic status. |
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(b) A student who receives a grade of incomplete may |
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reenroll in the course of training before the second [fourth] |
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anniversary of the date the student withdraws and may complete the |
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subjects without paying additional tuition. |
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SECTION 6. 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 a person's hair |
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or shaving a person's neck with a safety razor; 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) 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, trimming, |
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or shaving with a safety razor; |
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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 chemicals, tweezers, or other |
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devices or appliances of any kind or description [tweezing
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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; |
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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) weaving a person's hair. |
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SECTION 7. Subchapter A, Chapter 1602, Occupations Code, is |
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amended by adding Section 1602.0025 to read as follows: |
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Sec. 1602.0025. SERVICES NOT CONSTITUTING COSMETOLOGY. |
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Notwithstanding Section 1602.002(a), "cosmetology" does not |
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include threading, which involves removing hair from an individual |
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using a piece of thread that is looped around the hair and pulled to |
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remove the hair from the skin and includes the incidental trimming |
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of eyebrow hair. |
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SECTION 8. Section 1602.051, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.051. BOARD; MEMBERSHIP. (a) The Advisory Board |
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on Cosmetology consists of 11 [nine] members appointed by the |
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presiding officer of the commission, with the commission's |
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approval, as follows: |
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(1) one member who holds a license for a beauty shop |
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that is part of a chain of beauty shops; |
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(2) one member who holds a license for a beauty shop |
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that is not part of a chain of beauty shops; |
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(3) one member who holds a private beauty culture |
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school license; |
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(4) two members who each hold an operator license; |
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(5) one member who holds a manicurist specialty |
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license; |
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(6) [(5)] one member who represents a licensed public |
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secondary or postsecondary beauty culture school; |
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(7) [(6)] one member who represents a licensed public |
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secondary beauty culture school; and |
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(8) three [(7) two] public members. |
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(b) The associate commissioner of the Texas Education |
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Agency responsible for career and technical education or the |
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associate commissioner's authorized representative shall serve as |
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an ex officio member of the advisory board [commission] without |
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voting privileges. |
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SECTION 9. Section 1602.055(a), Occupations Code, is |
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amended to read as follows: |
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(a) Members of the board serve staggered six-year terms, |
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with the terms of three [one] or four [two] members, as appropriate, |
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expiring on the same date each odd-numbered year. |
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SECTION 10. Section 1602.261(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist/esthetician specialty |
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license may perform only the practice of cosmetology defined in |
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Sections 1602.002(a)(6) through (12) [(11)]. |
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SECTION 11. Section 1602.407(b), Occupations Code, is |
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amended to read as follows: |
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(b) A person holding a license, certificate, or permit under |
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this chapter may perform a service within the scope of the license, |
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certificate, or permit at a location other than a licensed facility |
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for a client who: |
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(1) [,] because of illness or physical or mental |
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incapacitation, is unable to receive the services at a licensed |
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facility; or |
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(2) receives the services in preparation for a special |
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event, including a wedding or quinceañera. |
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SECTION 12. Section 1602.461, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.461. REENTRY OF STUDENT AFTER WITHDRAWAL OR |
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TERMINATION. If a student voluntarily withdraws or is terminated |
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after completing 50 percent of the course at a private beauty |
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culture school, the school shall allow the student to reenter at any |
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time during the 24-month [48-month] period following the date of |
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withdrawal or termination. |
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SECTION 13. Section 1602.462, Occupations Code, is amended |
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to read as follows: |
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Sec. 1602.462. EFFECT OF STUDENT WITHDRAWAL. (a) A private |
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beauty culture school shall record a grade of incomplete for a |
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student who withdraws but is not entitled to a refund under this |
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chapter [Section 1602.459(a)] if the student: |
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(1) requests the grade at the time the student |
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withdraws; and |
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(2) withdraws for an appropriate reason unrelated to |
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the student's academic status. |
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(b) A student [who receives a grade of incomplete] may |
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reenroll in the program during the 24-month [48-month] period |
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following the date the student withdraws and complete the subjects |
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without incurring [payment of] additional tuition for hours already |
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completed. |
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SECTION 14. Not later than January 1, 2016, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement the changes in law made by this Act to Chapters 1601 and |
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1602, Occupations Code. |
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SECTION 15. Not later than January 1, 2016, the presiding |
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officer of the Texas Commission of Licensing and Regulation shall |
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appoint the two additional members to the advisory board as |
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required by Section 1602.051, as amended by this Act, and shall |
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designate one member to a term expiring in 2017 and one to a term |
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expiring in 2021. |
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SECTION 16. The change in law made by this Act to Section |
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1601.254(b), Occupations Code, applies only to an application for a |
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barber instructor license submitted on or after the effective date |
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of this Act. An application for a barber instructor license that is |
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submitted before that date is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 17. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2015. |
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(b) Sections 1601.0025 and 1602.0025, Occupations Code, as |
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added by this Act, take effect on the later of: |
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(1) September 1, 2015; or |
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(2) the date on which the Supreme Court of Texas issues |
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a decision in Patel v. Texas Department of Licensing and |
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Regulation, No. 12-0657. |