|
|
|
|
AN ACT
|
|
relating to the regulation of barber schools, private beauty |
|
culture schools, and other facilities used to teach or perform the |
|
practice of barbering or cosmetology. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1601.353, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. (a) The |
|
department may approve an application for a permit for a barber |
|
school that offers instruction to persons seeking a certificate |
|
under Section 1601.253 if the school: |
|
(1) is located in: |
|
(A) a municipality with a population of more than |
|
50,000 that has a building of permanent construction containing at |
|
least 2,000 square feet of floor space, including classroom and |
|
practical areas, covered in a hard-surface floor-covering of tile |
|
or other suitable material; or |
|
(B) a municipality with a population of 50,000 or |
|
less or an unincorporated area of a county that has a building of |
|
permanent construction containing at least 1,000 square feet of |
|
floor space, including classroom and practical areas, covered in a |
|
hard-surface floor-covering of tile or other suitable material; |
|
(2) has the following equipment: |
|
(A) at least 10 student workstations that include |
|
a chair that reclines, a back bar, and a wall mirror; |
|
(B) a sink behind every two workstations; |
|
(C) adequate lighting for each room; |
|
(D) at least 10 classroom chairs and other |
|
materials necessary to teach the required subjects; and |
|
(E) access to permanent restrooms and adequate |
|
drinking fountain facilities; and |
|
(3) meets any other requirement set by the commission. |
|
(b) The department may approve an application for a permit |
|
for a barber school that offers instruction to persons seeking a |
|
certificate, license, or permit under this chapter, other than a |
|
certificate under Section 1601.253, if the school: |
|
(1) has adequate space, equipment, and instructional |
|
material, as determined by the commission, to provide quality |
|
classroom training; and |
|
(2) meets any other requirement set by the commission. |
|
(c) A barber school that satisfies the requirements of |
|
Subsection (a) may offer instruction in barbering to persons |
|
seeking any certificate, license, or permit under this chapter. |
|
(d) Instruction received at a barber school subject to |
|
Subsection (b) may not be used to satisfy the requirements to obtain |
|
a Class A barber certificate under Section 1601.253. |
|
SECTION 2. Section 1602.303, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1602.303. PRIVATE BEAUTY CULTURE SCHOOL LICENSE. |
|
(a) [A person holding a private beauty culture school license may
|
|
maintain an establishment in which any practice of cosmetology is
|
|
taught, including providing an eyelash extension application
|
|
training program described by Section 1602.2572.
|
|
[(b)] An application for a private beauty culture school |
|
license to instruct persons seeking a license under Section |
|
1602.254 must be accompanied by the required license fee and |
|
inspection fee and: |
|
(1) be on a form prescribed by the department; |
|
(2) be verified by the applicant; and |
|
(3) contain a statement that the building: |
|
(A) is of permanent construction and is divided |
|
into at least two separate areas: |
|
(i) one area for instruction in theory; and |
|
(ii) one area for clinic work; |
|
(B) contains a minimum of: |
|
(i) 2,800 square feet of floor space if the |
|
building is located in a county with a population of more than |
|
100,000; or |
|
(ii) 1,800 square feet of floor space if the |
|
building is located in a county with a population of 100,000 or |
|
less; |
|
(C) has access to permanent restrooms and |
|
adequate drinking fountain facilities; and |
|
(D) contains, or will contain before classes |
|
begin, the equipment established by commission rule as sufficient |
|
to properly instruct a minimum of 10 students. |
|
(b) An application for a private beauty culture school |
|
license to instruct persons seeking a license or certificate under |
|
this chapter, other than a license under Section 1602.254, must be |
|
accompanied by the required license fee and inspection fee and: |
|
(1) be on a form prescribed by the department; |
|
(2) be verified by the applicant; |
|
(3) contain a statement that the building: |
|
(A) is of permanent construction and is divided |
|
into at least two separate areas: |
|
(i) one area for instruction in theory; and |
|
(ii) one area for clinic work; |
|
(B) has adequate space, equipment, and |
|
instructional material, as determined by the commission, to provide |
|
quality classroom training; and |
|
(C) has access to permanent restrooms and |
|
adequate drinking fountain facilities; and |
|
(4) meet any other requirement set by the commission. |
|
(c) The applicant is entitled to a private beauty culture |
|
school license if: |
|
(1) the department determines that the applicant is |
|
financially sound and capable of fulfilling the school's |
|
commitments for training; |
|
(2) the applicant's facilities pass an inspection |
|
conducted by the department under Section 1603.103; [and] |
|
(3) the applicant has not committed an act that |
|
constitutes a ground for denial of a license; and |
|
(4) the applicant meets any other requirement set by |
|
the commission. |
|
(d) A private beauty culture school that satisfies the |
|
requirements of Subsection (a) may offer instruction in cosmetology |
|
to persons seeking any license or certificate under this chapter. |
|
(e) Instruction received at a private beauty culture school |
|
subject to Subsection (b) may not be used to satisfy the |
|
requirements to obtain an operator license under Section 1602.254. |
|
SECTION 3. The heading to Section 1603.104, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1603.104. PERIODIC [AND RISK-BASED] INSPECTIONS. |
|
SECTION 4. Sections 1603.104(c) and (e), Occupations Code, |
|
are repealed. |
|
SECTION 5. As soon as practicable after the effective date |
|
of this Act, the Texas Commission of Licensing and Regulation shall |
|
adopt rules to implement Sections 1601.353 and 1602.303, |
|
Occupations Code, as amended by this Act. |
|
SECTION 6. This Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2739 was passed by the House on May 4, |
|
2017, by the following vote: Yeas 142, Nays 1, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2739 was passed by the Senate on May |
|
24, 2017, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |