Bill Text: TX HB4069 | 2015-2016 | 84th Legislature | Engrossed

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Bill Title: Relating to the regulation of barbering and cosmetology.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2015-05-13 - Referred to Business & Commerce [HB4069 Detail]

Download: Texas-2015-HB4069-Engrossed.html

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By: Smith H.B. No. 4069

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbering and cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1601, Occupations Code, is
amended by adding Section 1601.0025 to read as follows:
Sec. 1601.0025. SERVICES NOT CONSTITUTING BARBERING.
Notwithstanding Section 1601.002, "barbering," "practicing
barbering," and "practice of barbering" do not include threading,
which involves removing hair from an individual using a piece of
thread that is looped around the hair and pulled to remove the hair
from the skin and includes the incidental trimming of eyebrow hair.
SECTION 2. Section 1601.254(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a barber instructor license, an
applicant must:
(1) be at least 18 years of age;
(2) have a high school diploma or a high school
equivalency certificate;
(3) hold a current Class A barber certificate;
(4) have completed:
(A) a course consisting of 750 hours of
instruction in barber courses and methods of teaching in a barber
school; [or]
(B) at least two years of work experience as a
licensed Class A barber immediately preceding the date of the
application; or
(C) at least one year of work experience as a
licensed Class A barber and:
(i) have completed 500 hours of instruction
in barber courses and methods of teaching in a commission-approved
training program;
(ii) have completed 15 semester hours in
education courses from an accredited college or university within
the 10 years preceding the date of the application; or
(iii) have obtained a degree in education
from an accredited college or university; and
(5) pass the required examination.
SECTION 3. Section 1601.455(b), Occupations Code, is
amended to read as follows:
(b) A person holding a license, certificate, or permit under
this chapter may perform a service within the scope of the license,
certificate, or permit at a location other than a licensed facility
for a client who:
(1) [,] because of illness or physical or mental
incapacitation, is unable to receive the services at a licensed
facility; or
(2) receives the services in preparation for a special
event, including a wedding or quinceañera.
SECTION 4. Section 1601.564(c), Occupations Code, is
amended to read as follows:
(c) If a student withdraws or is terminated after 50 percent
of the course has been completed, the school shall allow the student
to reenter the school at any time before the second [fourth]
anniversary of the date of withdrawal or termination.
SECTION 5. Section 1601.565, Occupations Code, is amended
to read as follows:
Sec. 1601.565. EFFECT OF STUDENT WITHDRAWAL. (a) A barber
school shall record a grade of incomplete for a student who
withdraws from a course of training but who is not entitled to a
refund under this chapter [Section 1601.564] if:
(1) the student requests the grade at the time of
withdrawal; and
(2) the withdrawal is for an appropriate reason
unrelated to the student's academic status.
(b) A student who receives a grade of incomplete may
reenroll in the course of training before the second [fourth]
anniversary of the date the student withdraws and may complete the
subjects without paying additional tuition.
SECTION 6. Section 1602.002(a), Occupations Code, is
amended to read as follows:
(a) In this chapter, "cosmetology" means the practice of
performing or offering to perform for compensation any of the
following services:
(1) treating a person's hair by:
(A) providing any method of treatment as a
primary service, including arranging, beautifying, bleaching,
cleansing, coloring, cutting, dressing, dyeing, processing,
shampooing, shaping, singeing, straightening, styling, tinting, or
waving;
(B) providing a necessary service that is
preparatory or ancillary to a service under Paragraph (A),
including bobbing, clipping, cutting, or trimming a person's hair
or shaving a person's neck with a safety razor; or
(C) cutting the person's hair as a separate and
independent service for which a charge is directly or indirectly
made separately from charges for any other service;
(2) braiding a person's hair;
(3) shampooing and conditioning a person's hair;
(4) servicing a person's wig or artificial hairpiece
on a person's head or on a block after the initial retail sale and
servicing in any manner listed in Subdivision (1);
(5) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, trimming,
or shaving with a safety razor;
(6) cleansing, stimulating, or massaging a person's
scalp, face, neck, or arms:
(A) by hand or by using a device, apparatus, or
appliance; and
(B) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(7) beautifying a person's face, neck, or arms using a
cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
clay, cream, or appliance;
(8) administering facial treatments;
(9) removing superfluous hair from a person's body
using depilatories, preparations or chemicals, tweezers, or other
devices or appliances of any kind or description [tweezing
techniques];
(10) treating a person's nails by:
(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(B) attaching false nails;
(11) massaging, cleansing, treating, or beautifying a
person's hands or feet;
(12) applying semipermanent, thread-like extensions
composed of single fibers to a person's eyelashes; or
(13) weaving a person's hair.
SECTION 7. Subchapter A, Chapter 1602, Occupations Code, is
amended by adding Section 1602.0025 to read as follows:
Sec. 1602.0025. SERVICES NOT CONSTITUTING COSMETOLOGY.
Notwithstanding Section 1602.002(a), "cosmetology" does not
include threading, which involves removing hair from an individual
using a piece of thread that is looped around the hair and pulled to
remove the hair from the skin and includes the incidental trimming
of eyebrow hair.
SECTION 8. Section 1602.051, Occupations Code, is amended
to read as follows:
Sec. 1602.051. BOARD; MEMBERSHIP. (a) The Advisory Board
on Cosmetology consists of 11 [nine] members appointed by the
presiding officer of the commission, with the commission's
approval, as follows:
(1) one member who holds a license for a beauty shop
that is part of a chain of beauty shops;
(2) one member who holds a license for a beauty shop
that is not part of a chain of beauty shops;
(3) one member who holds a private beauty culture
school license;
(4) two members who each hold an operator license;
(5) one member who holds a manicurist specialty
license;
(6) [(5)] one member who represents a licensed public
secondary or postsecondary beauty culture school;
(7) [(6)] one member who represents a licensed public
secondary beauty culture school; and
(8) three [(7) two] public members.
(b) The associate commissioner of the Texas Education
Agency responsible for career and technical education or the
associate commissioner's authorized representative shall serve as
an ex officio member of the advisory board [commission] without
voting privileges.
SECTION 9. Section 1602.055(a), Occupations Code, is
amended to read as follows:
(a) Members of the board serve staggered six-year terms,
with the terms of three [one] or four [two] members, as appropriate,
expiring on the same date each odd-numbered year.
SECTION 10. Section 1602.261(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist/esthetician specialty
license may perform only the practice of cosmetology defined in
Sections 1602.002(a)(6) through (12) [(11)].
SECTION 11. Section 1602.407(b), Occupations Code, is
amended to read as follows:
(b) A person holding a license, certificate, or permit under
this chapter may perform a service within the scope of the license,
certificate, or permit at a location other than a licensed facility
for a client who:
(1) [,] because of illness or physical or mental
incapacitation, is unable to receive the services at a licensed
facility; or
(2) receives the services in preparation for a special
event, including a wedding or quinceañera.
SECTION 12. Section 1602.461, Occupations Code, is amended
to read as follows:
Sec. 1602.461. REENTRY OF STUDENT AFTER WITHDRAWAL OR
TERMINATION. If a student voluntarily withdraws or is terminated
after completing 50 percent of the course at a private beauty
culture school, the school shall allow the student to reenter at any
time during the 24-month [48-month] period following the date of
withdrawal or termination.
SECTION 13. Section 1602.462, Occupations Code, is amended
to read as follows:
Sec. 1602.462. EFFECT OF STUDENT WITHDRAWAL. (a) A private
beauty culture school shall record a grade of incomplete for a
student who withdraws but is not entitled to a refund under this
chapter [Section 1602.459(a)] if the student:
(1) requests the grade at the time the student
withdraws; and
(2) withdraws for an appropriate reason unrelated to
the student's academic status.
(b) A student [who receives a grade of incomplete] may
reenroll in the program during the 24-month [48-month] period
following the date the student withdraws and complete the subjects
without incurring [payment of] additional tuition for hours already
completed.
SECTION 14. Not later than January 1, 2016, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement the changes in law made by this Act to Chapters 1601 and
1602, Occupations Code.
SECTION 15. Not later than January 1, 2016, the presiding
officer of the Texas Commission of Licensing and Regulation shall
appoint the two additional members to the advisory board as
required by Section 1602.051, as amended by this Act, and shall
designate one member to a term expiring in 2017 and one to a term
expiring in 2021.
SECTION 16. The change in law made by this Act to Section
1601.254(b), Occupations Code, applies only to an application for a
barber instructor license submitted on or after the effective date
of this Act. An application for a barber instructor license that is
submitted before that date is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 17. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2015.
(b) Sections 1601.0025 and 1602.0025, Occupations Code, as
added by this Act, take effect on the later of:
(1) September 1, 2015; or
(2) the date on which the Supreme Court of Texas issues
a decision in Patel v. Texas Department of Licensing and
Regulation, No. 12-0657.