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.