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