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.