Bill Text: TX HB2494 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the regulation of certain occupations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-12 - Referred to Licensing & Administrative Procedures [HB2494 Detail]

Download: Texas-2013-HB2494-Introduced.html
  83R7849 SLB/AJZ/MAW-D
 
  By: Harper-Brown H.B. No. 2494
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain occupations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REGULATION OF CERTAIN INTERIOR DESIGNERS
         SECTION 1.01.  Section 1051.001, Occupations Code, is
  amended by adding Subdivision (2-a) to read as follows:
               (2-a) "Hospital" means a public or private institution
  licensed under Chapter 241 or 577, Health and Safety Code,
  including a general hospital or a special hospital, as those terms
  are defined by Section 241.003, Health and Safety Code.
         SECTION 1.02.  Section 1053.151, Occupations Code, is
  amended to read as follows:
         Sec. 1053.151.  REGISTRATION [REQUIRED]. (a) The board
  shall issue a certificate of registration under this chapter to a
  person who:
               (1)  practices interior design as it relates to the
  interior environment or space of a hospital; and
               (2)  meets the requirements of this chapter and board
  rules.
         (b)  Except as provided by Subsection (a), the board may not
  issue or renew a certificate of registration to a person engaged in
  the practice of interior design.
         (c)  A person other than an interior designer may
  not  represent that the person is a "registered interior designer"
  by using that title or by using words that imply that the person is a
  registered interior designer.
         SECTION 1.03.  Section 1053.152(a), Occupations Code, is
  amended to read as follows:
         (a)  The board shall establish the qualifications for the
  issuance or renewal of a certificate of registration under this
  chapter to a person who practices interior design as it relates to
  the interior environment or space of a hospital.
         SECTION 1.04.  Section 1053.351(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly
  violates Section 1053.151(c) [1053.151] or a standard of conduct
  adopted under this chapter.
         SECTION 1.05.  The change in law made by this article applies
  only to an offense committed on or after the effective date of this
  article. An offense committed before the effective date of this
  article is governed by the law in effect at the time the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this article if any element of the
  offense occurred before that date.
         SECTION 1.06.  Not later than October 1, 2013, the Texas
  Board of Architectural Examiners shall adopt rules necessary to
  implement Section 1053.151, Occupations Code, as amended by this
  article.
  ARTICLE 2.  ELIMINATING CONTINUING EDUCATION REQUIREMENTS FOR
  PERSONS HOLDING CERTAIN LICENSES RELATING TO MANUFACTURED HOUSING
         SECTION 2.01.  Section 1201.113, Occupations Code, as
  amended by Chapter 863 (H.B. 1460), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to read as follows:
         Sec. 1201.113.  OPTIONAL [CERTIFICATION AND] CONTINUING
  EDUCATION PROGRAMS FOR LICENSEES. (a) The board shall approve or
  administer optional continuing education programs for licensees
  under this chapter. A continuing education program may [must be at
  least eight hours long and must] include the current rules of the
  department and such other matters as the board considers [may deem]
  relevant.
         (b)  The department may not require a licensee to complete
  [Completion of] an approved or administered continuing education
  course as [described by Subsection (a) is] a prerequisite to
  renewal of a license.
         [(c)     No test shall be given in relation to any continuing
  education program.]
  ARTICLE 3.  REGULATION OF CERTAIN PRACTICES IN BARBERING AND
  COSMETOLOGY
         SECTION 3.01.  Section 1601.251, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), a [A] person may
  not perform or offer or attempt to perform any act of barbering
  unless the person holds an appropriate certificate, license, or
  permit.
         (a-1)  A person is not required to hold a license,
  certificate, or permit if the person's only act of barbering
  consists of shampooing or conditioning a person's hair.
         SECTION 3.02.  Section 1601.257(b), Occupations Code, is
  amended to read as follows:
         (b)  An applicant for a manicurist license must:
               (1)  be at least 17 years of age;
               (2)  have completed the seventh grade or the equivalent
  of the seventh grade;
               (3)  have completed a commission-approved training
  program consisting of 300 [600] hours of instruction in manicuring;
  and
               (4)  submit the required fee with the application.
         SECTION 3.03.  Section 1601.262, Occupations Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  An applicant who qualifies under Subsection (b)(3)(B)
  must:
               (1)  be at least 17 years of age and have completed the
  seventh grade or its equivalent; and
               (2)  have completed:
                     (A)  600 [900] hours of instruction in a barber
  technician/manicurist curriculum in a commission-approved training
  program; or
                     (B)  300 [600] hours of instruction in a manicure
  curriculum and 300 hours of instruction in a barber technician
  curriculum in a commission-approved training program.
         (d)  Of the 600 hours of instruction required by Subsection
  (c)(2)(A), not more than 300 hours may be in the manicurist portion
  of the curriculum.
         SECTION 3.04.  Section 1602.251, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), a [A] person may
  not perform or attempt to perform a practice of cosmetology unless
  the person holds a license or certificate to perform that practice.
         (a-1)  A person is not required to hold a license,
  certificate, or permit if the person's only act of cosmetology
  consists of shampooing or conditioning a person's hair.
         SECTION 3.05.  Section 1602.256(b), Occupations Code, is
  amended to read as follows:
         (b)  To be eligible for a manicurist specialty license, an
  applicant must:
               (1)  be at least 17 years of age;
               (2)  have obtained a high school diploma or the
  equivalent of a high school diploma or have passed a valid
  examination administered by a certified testing agency that
  measures the person's ability to benefit from training; and
               (3)  have completed 300 [600] hours of instruction in
  manicuring through a commission-approved training program.
         SECTION 3.06.  Section 1602.258(a), Occupations Code, is
  amended to read as follows:
         (a)  A person holding a specialty certificate may perform
  only the practice of cosmetology defined in Section [Sections]
  1602.002(a)(2) or [through] (4).
         SECTION 3.07.  Section 1602.261, Occupations Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  An applicant who qualifies under Subsection (b)(3)(B)
  must:
               (1)  either:
                     (A)  have obtained a high school diploma or a high
  school equivalency certificate; or
                     (B)  have passed a valid examination administered
  by a certified testing agency that measures the person's ability to
  benefit from training; and
               (2)  have completed:
                     (A)  900 [1,200] hours of instruction in a
  manicure/esthetics specialty curriculum in a commission-approved
  training program; or
                     (B)  300 [600] hours of instruction in a manicure
  curriculum and 750 hours of instruction in an esthetics curriculum
  in commission-approved training programs.
         (d)  Of the 900 hours of instruction required by Subsection
  (c)(2)(A), not more than 300 hours may be from the manicurist
  portion of the curriculum.
         SECTION 3.08.  The following sections of the Occupations
  Code are repealed:
               (1)  Section 1601.261; and
               (2)  Section 1602.267.
         SECTION 3.09.  (a)  A permit issued under Section 1601.261 or
  1602.267, Occupations Code, in effect on the effective date of this
  article expires on that date.
         (b)  A proceeding under Title 9, Occupations Code, including
  a complaint investigation, disciplinary action, and administrative
  penalty proceeding, relating to the holder of a permit under
  Section 1601.261 or 1602.267, Occupations Code, pending on the
  effective date of this article is terminated on that date.
         (c)  The Texas Department of Licensing and Regulation shall
  return to a person who holds a valid permit under Section 1601.261
  or 1602.267, Occupations Code, as those sections existed
  immediately before the effective date of this article, a prorated
  portion of the fee paid to the department for the issuance or
  renewal of the permit.
         (d)  Sections 1601.257, 1601.262, 1602.256, and 1602.261,
  Occupations Code, as amended by this article, apply only to an
  application for a license filed on or after the effective date of
  this article.  An application for a license filed before the
  effective date of this article is governed by the law in effect on
  the date the application was filed, and that law is continued in
  effect for that purpose.
  ARTICLE 4.  EFFECTIVE DATES
         SECTION 4.01.  (a) Articles 1 and 2 of this Act take effect
  immediately if this Act receives a vote of two-thirds of all the
  members elected to each house, as provided by Section 39, Article
  III, Texas Constitution. If this Act does not receive the votes
  necessary for immediate effect, Articles 1 and 2 take effect
  September 1, 2013.
         (b)  Article 3 of this Act takes effect September 1, 2013.
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