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A BILL TO BE ENTITLED
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AN ACT
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relating to certain prohibited practices by a barber or |
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cosmetologist. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E-1, Chapter 1603, Occupations Code, |
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is amended by adding Section 1603.2110 to read as follows: |
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Sec. 1603.2110. PROHIBITED PRACTICES. (a) Except as |
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provided by Subsection (b), a person performing a barbering or |
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cosmetology service within the scope of a license or permit issued |
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under this subchapter may not: |
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(1) make an incision into the dermis layer of a |
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person's skin, including for purposes of injecting a medication or |
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other substance; or |
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(2) use a prescription medical device approved by the |
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United States Food and Drug Administration. |
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(b) A person holding a license or permit issued under this |
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subchapter may perform an act described by Subsection (a) as part of |
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a barbering or cosmetology service if the person is licensed to |
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perform that act in this state or is otherwise authorized by law to |
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perform that act. In a disciplinary action by the commission |
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related to an act in violation of Subsection (a), the license or |
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permit holder has the burden of proving by a preponderance of the |
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evidence that the person is licensed or otherwise authorized to |
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perform the act. |
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(c) This section does not affect the authority of another |
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state agency regulating a profession to enforce any law related to |
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that profession. |
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SECTION 2. Section 1603.2110, Occupations Code, as added by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |