BILL ANALYSIS

C.S.H.B. 2843

By: Turner, Chris

Higher Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been noted that requirements for the completion of cosmetology programs differ among public high school vocational programs, public junior college programs, and private beauty culture schools, particularly regarding the number of instructional hours. C.S.H.B. 2843 seeks to provide better standardization by standardizing certain examination requirements and revising the entities authorized to administer licensing examinations.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2843 amends the Occupations Code to authorize the Texas Department of Licensing and Registration (TDLR) to approve the examinations required for a certificate or license in barbering or cosmetology, as applicable, as an alternative to accepting, developing, or contracting for those examinations.

C.S.H.B. 2843 revises the authorization for TDLR to allow for the early written examination of a student seeking an operator license in a cosmetology school who has completed a minimum number of instruction hours in a TDLR-approved training program by specifying that TDLR may instead allow for the early written examination of a student seeking an operator license in a private beauty culture school or a public secondary or postsecondary beauty culture school who has completed 1,000 hours of instruction in a TDLR-approved training program, including 150 hours in sanitation and safety.

C.S.H.B. 2843 authorizes the Windham School District or a barber school, private beauty culture school, or public secondary or postsecondary beauty culture school approved by TDLR for that purpose to administer an examination required for a certificate or license in barbering or cosmetology, as applicable.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2843 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include a provision authorizing a public junior college or career school to administer any practical examination required by law for the practice of cosmetology.

The substitute includes a provision authorizing the Windham School District or a barber school, private beauty culture school, or public secondary or postsecondary beauty culture school approved by TDLR for that purpose to administer an examination required for a certificate or license in barbering or cosmetology, as applicable. The substitute includes a provision specifying that TDLR may approve examinations required for a certificate or license in barbering or cosmetology, including the administration of such examinations.

The substitute does not include a provision setting a minimum number of instructional hours for any person sitting for a professional examination for the practice of cosmetology and specifying eligible courses or programs at certain institutions in which the instruction takes place.

The substitute includes a provision specifying the minimum instructional hours in a department‑approved training program that qualify a student seeking an operator license in certain beauty culture schools to take an early written examination and includes a provision limiting the application of this provision to a person who applies to take such an examination on or after the bill's effective date.