85R5201 TSR-D

By: Hernandez H.B. No. 1104

A BILL TO BE ENTITLED

AN ACT

relating to sexual assault and domestic violence awareness training and reporting by cosmetology license holders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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.

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.

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.

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.

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.

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.

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.

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.

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 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 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 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.