|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Sections
1602.254(b) and (c), Occupations Code, are amended to read as follows:
(b) To be eligible for an
operator license, an applicant must meet the requirements of Subsection (c)
or:
(1) be at least 17 years of
age;
(2) have obtained a high
school diploma or the equivalent of a high school diploma or have passed a
valid examination administered by a certified testing agency that measures
the person's ability to benefit from training; [and]
(3) have completed:
(A) 1,500 hours of
instruction in a licensed beauty culture school; or
(B) 1,000 hours of
instruction in beauty culture courses and 500 hours of related high school
courses prescribed by the commission in a vocational cosmetology program in
a public school; and
(4) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
(c) The commission shall
adopt rules for the issuance of an operator license under this section to a
person who holds a Class A barber certificate. The department shall issue
the license to an applicant who:
(1) holds an active Class A
barber certificate;
(2) completes 300 hours of
instruction in cosmetology through a commission-approved training program
in a cosmetology school;
(3) completes a sexual
assault and domestic violence education program established or approved by
the commission under Section 1602.263;
(4) [(3)]
passes the examination required under Section 1602.262; and
(5) [(4)]
submits to the department:
(A) an application on a form
prescribed by the department; and
(B) the required fee.
|
No
equivalent provision.
|
|
SECTION 2. Section
1602.256(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a
manicurist specialty license, an applicant must:
(1) be at least 17 years of
age;
(2) have obtained a high
school diploma or the equivalent of a high school diploma or have passed a
valid examination administered by a certified testing agency that measures
the person's ability to benefit from training; [and]
(3) have completed 600 hours
of instruction in manicuring through a commission-approved training program;
and
(4) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 3. Section
1602.257(b), Occupations Code, is amended to read as follows:
(b) To be eligible for an
esthetician specialty license, an applicant must:
(1) be at least 17 years of
age;
(2) have obtained a high
school diploma or the equivalent of a high school diploma or have passed a
valid examination administered by a certified testing agency that measures
the person's ability to benefit from training; [and]
(3) have completed 750 hours
of instruction in esthetics specialty through a commission-approved
training program; and
(4) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 4. Section
1602.2571(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a
specialty license in eyelash extension application, an applicant must:
(1) be at least 17 years of
age;
(2) have obtained a high
school diploma or the equivalent of a high school diploma or have passed a
valid examination administered by a certified testing agency that measures
the person's ability to benefit from training; [and]
(3) have completed a
training program described by Section 1602.2572 that has been approved by
the commission; and
(4) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 5. Section
1602.259(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a
hair weaving specialty certificate, an applicant must:
(1) be at least 17 years of
age; [and]
(2) have the necessary
requisites as determined by the department in the particular specialty for
which certification is sought, including training through a
commission-approved training program; and
(3) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 6. Section
1602.260(b), Occupations Code, is amended to read as follows:
(b) To be eligible for a wig
specialty certificate, an applicant must:
(1) be at least 17 years of
age; [and]
(2) have the necessary
requisites as determined by the department in the particular specialty for
which certification is sought, including training through a
commission-approved training program; and
(3) have completed a
sexual assault and domestic violence education program established or
approved by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 7. Section 1602.261(c),
Occupations Code, is amended to read as follows:
(c) An applicant who
qualifies under Subsection (b)(3)(B) must:
(1) either:
(A) have obtained a high
school diploma or a high school equivalency certificate; or
(B) have passed a valid
examination administered by a certified testing agency that measures the
person's ability to benefit from training; [and]
(2) have completed:
(A) 1,200 hours of
instruction in a manicure/esthetics specialty curriculum in a
commission-approved training program; or
(B) 600 hours of instruction
in a manicure curriculum and 750 hours of instruction in an esthetics
curriculum in commission-approved training programs; and
(3) have completed a
sexual assault and domestic violence education program established or approved
by the commission under Section 1602.263.
|
No
equivalent provision.
|
|
SECTION 8. Subchapter F,
Chapter 1602, Occupations Code, is amended by adding Section 1602.263 to
read as follows:
Sec. 1602.263. SEXUAL
ASSAULT AND DOMESTIC VIOLENCE EDUCATION PROGRAM. (a) The commission shall
adopt rules to establish or approve an education program on sexual assault
and domestic violence awareness and support. A program established or
approved under this section must be one hour in duration and may be provided
as an online course.
(b) The commission may
adopt rules relating to the standards for approval of a program described
by Subsection (a), including the content and provider of the program.
(c) An applicant for the
issuance or renewal of a license or certificate issued under this chapter
who is required to complete a program established or approved under this
section shall verify completion of the program in the manner provided by
commission rule.
|
No
equivalent provision.
|
|
SECTION 9. Section 1602.354,
Occupations Code, is amended by adding Subsection (c) to read as follows:
(c) As part of the continuing education programs
under Subsection (a), a person who holds a license or certificate issued
under Subchapter F must complete a sexual assault and domestic violence
education program that is established or approved by the commission under
Section 1602.263.
The commission may waive compliance with this subsection if:
(1) the commission
determines that completion of the requirement will cause the person
substantial financial hardship;
(2) the person is serving
in the United States armed forces; or
(3) the person is
incapacitated due to illness.
|
SECTION 1. Section 1602.354,
Occupations Code, is amended by adding Subsection (c) to read as follows:
(c) The commission shall require the continuing
education programs under Subsection (a) to include information, approved by
or acceptable to the commission, on sexual assault and domestic violence
awareness. A license holder subject to Subsection (a) who is also a peace
officer licensed under Chapter 1701, or an educator certified under
Subchapter B, Chapter 21, Education Code, is exempt from the portion of
continuing education described by this subsection. The commission
may waive the requirement that a license
holder participate in the portion of continuing education described by this
subsection if:
(1) the commission
determines that completion of the requirement will cause the person substantial
financial hardship;
(2) the person is serving
in the United States armed forces; or
(3) the person is
incapacitated due to illness.
|
|
SECTION 10. Subchapter I,
Chapter 1602, Occupations Code, is amended by adding Section 1602.408 to
read as follows:
Sec. 1602.408. IMMUNITY
FROM LIABILITY. A person who has completed the education program under Section 1602.263 when required
by Subchapter F and Section 1602.354(c), or that person's employer,
is immune from civil and criminal liability for reporting, in good faith,
information obtained during the course and scope of the person's employment
that relates to a potential act of sexual assault or domestic violence.
|
SECTION 2. Subchapter I,
Chapter 1602, Occupations Code, is amended by adding Section 1602.408 to
read as follows:
Sec. 1602.408. IMMUNITY
FROM LIABILITY. A person who has completed the portion of continuing education described by Section 1602.354(c), or that person's
employer, is immune from civil and criminal liability for reporting, in
good faith, information obtained during the course and scope of the
person's employment that relates to a potential act of sexual assault or
domestic violence.
|
|
SECTION 11. (a) Not later than September 1, 2018, the
Texas Commission of Licensing and Regulation shall adopt rules to implement
the changes in law made by this Act to
Chapter 1602, Occupations Code.
(b) The changes in law made by this Act apply only to an
application for the issuance or renewal
of a license or certificate that is
filed with the Texas Department of Licensing and Regulation on or
after September 1, 2018. An application
for the issuance or renewal of a license or certificate that is filed before that date is governed
by the law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
|
SECTION 3. (a) Not later than March 1, 2018, the Texas
Commission of Licensing and Regulation shall adopt rules to implement Section 1602.354, Occupations Code, as amended
by this Act.
(b) Section 1602.354, Occupations Code, as amended by this
Act, applies only to the renewal of a license or certificate that expires on or after September 1,
2018. The renewal of a license or certificate that expires before that date is governed by the law in effect
immediately before the effective date of this Act, and the former law is
continued in effect for that purpose.
|
|
SECTION 12. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2017.
(b)
Section 1602.408, Occupations Code, as added by this Act, takes effect
September 1, 2018.
|
SECTION 4. This Act takes
effect September 1, 2017.
|
|