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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of companies that prearrange barbering |
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and cosmetology services outside of certain facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 1603, Occupations Code, is |
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amended by adding Section 1603.208 to read as follows: |
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Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES. |
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(a) In this section: |
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(1) "Digital network" means any online-enabled |
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application, Internet website, or system offered or used by a |
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remote service business that allows a client to arrange for a |
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digitally prearranged remote service. |
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(2) "Digitally prearranged remote service" means a |
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barbering or cosmetology service performed for compensation by a |
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person holding a license, certificate of registration, or permit |
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under Chapter 1601 or 1602 or this chapter that is: |
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(A) prearranged through a digital network; and |
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(B) performed at a location other than a place of |
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business that is licensed or permitted under Chapter 1601 or 1602 or |
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this chapter. |
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(3) "Remote service business" means a corporation, |
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partnership, sole proprietorship, or other entity that, for |
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compensation, enables a client to schedule a digitally prearranged |
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remote service with a person holding a license, certificate of |
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registration, or permit under Chapter 1601 or 1602 or this chapter. |
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(b) The commission shall adopt rules to administer this |
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section, including rules that: |
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(1) set minimum standards for: |
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(A) the operation of a remote service business; |
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and |
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(B) the sanitation requirements for performing a |
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digitally prearranged remote service; |
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(2) determine activities within the scope of barbering |
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and cosmetology that may be performed as a digitally prearranged |
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remote service; and |
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(3) establish procedures for inspecting and auditing |
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the records of a remote service business and of a person who |
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performs a digitally prearranged remote service. |
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(c) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407 |
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do not apply to a digitally prearranged remote service scheduled |
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through a remote service business. |
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(d) A person who holds a license, certificate of |
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registration, or permit to practice barbering or cosmetology and |
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who performs a digitally prearranged remote service shall: |
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(1) comply with this section and the rules adopted |
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under this section; and |
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(2) practice within the scope of the person's license, |
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certificate of registration, or permit. |
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(e) A remote service business may not offer a barbering or |
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cosmetology service that requires treating or removing a person's |
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hair by: |
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(1) coloring; |
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(2) processing; |
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(3) bleaching; |
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(4) dyeing; |
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(5) tinting; or |
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(6) using a cosmetic preparation. |
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(f) Before a person licensed, registered, or permitted to |
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practice barbering or cosmetology performs a digitally prearranged |
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remote service for a client requesting the service, a remote |
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service business shall provide through the entity's digital |
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network: |
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(1) the following information regarding the person who |
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will perform the service: |
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(A) the person's first and last name; |
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(B) the number of the person's license, |
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certificate of registration, or permit, as applicable; and |
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(C) a photograph of the person; |
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(2) the following information regarding the business: |
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(A) Internet website address; and |
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(B) telephone number; and |
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(3) the department's Internet website address and |
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telephone number and notice that the client may contact the |
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department to file a complaint against the business or person. |
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(g) Within a reasonable time after completion of a digitally |
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prearranged remote service, the remote service business shall issue |
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to the client who requested the service a receipt that includes: |
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(1) the date the service was provided; |
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(2) a description of the service; |
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(3) the first and last name of the person who performed |
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the service; |
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(4) the number of the person's license, certificate of |
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registration, or permit, as applicable; |
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(5) the following information regarding the business: |
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(A) Internet website address; and |
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(B) telephone number; and |
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(6) the department's Internet website address and |
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telephone number and notice that the client may contact the |
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department to file a complaint against the business or person. |
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(h) A remote service business shall maintain each record |
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showing compliance with this section and the rules adopted under |
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this section until at least the fifth anniversary of the date the |
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record was generated. |
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(i) A remote service business shall terminate a person's |
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access to the business's digital network if the business or |
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department determines the person violated: |
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(1) this chapter; |
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(2) a rule adopted under this chapter; |
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(3) Chapter 1601 or 1602; or |
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(4) a rule adopted under Chapter 1601 or 1602. |
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SECTION 2. 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 the rules necessary to implement Section 1603.208, |
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Occupations Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |
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