Bill Text: TX HB823 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the eligibility of an inmate for certain occupational licenses and the practice of certain occupations by an inmate of the Texas Department of Criminal Justice.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2023-05-19 - Left pending in committee [HB823 Detail]
Download: Texas-2023-HB823-Engrossed.html
| 88R16252 MAW-F | ||
| By: Allen | H.B. No. 823 | |
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| relating to the eligibility of an inmate for certain occupational | ||
| licenses and the practice of certain occupations by an inmate of the | ||
| Texas Department of Criminal Justice. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 51, Occupations Code, is | ||
| amended by adding Section 51.4042 to read as follows: | ||
| Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES. | ||
| Notwithstanding any other law, the commission may adopt rules | ||
| authorizing the issuance of a license under Chapter 1302, 1305, or | ||
| 1603 to an applicant who is an inmate of the Texas Department of | ||
| Criminal Justice. | ||
| SECTION 2. Subchapter B, Chapter 1302, Occupations Code, is | ||
| amended by adding Section 1302.062 to read as follows: | ||
| Sec. 1302.062. INMATES. This chapter does not apply to a | ||
| person who performs air conditioning and refrigeration-related | ||
| work as an inmate in the Texas Department of Criminal Justice if the | ||
| work is performed as part of a reentry program or under supervision | ||
| acceptable to the department. | ||
| SECTION 3. Section 1305.003, Occupations Code, is amended | ||
| by adding Subsection (a-1) to read as follows: | ||
| (a-1) This chapter does not apply to a person who performs | ||
| electrical work as an inmate in the Texas Department of Criminal | ||
| Justice if the work is performed as part of a reentry program or | ||
| under supervision acceptable to the department. | ||
| SECTION 4. Section 1603.0013, Occupations Code, is amended | ||
| to read as follows: | ||
| Sec. 1603.0013. APPLICATION OF CHAPTER. (a) This chapter | ||
| does not apply to a person who: | ||
| (1) does not represent or advertise to the public | ||
| directly or indirectly that the person is authorized by the | ||
| department to practice barbering or cosmetology and the person is: | ||
| (A) licensed in this state to practice medicine, | ||
| dentistry, podiatry, chiropractic, or nursing and operating within | ||
| the scope of the person's license; | ||
| (B) a commissioned or authorized medical or | ||
| surgical officer of the United States armed forces; or | ||
| (C) an inmate in the institutional division of | ||
| the Texas Department of Criminal Justice who performs barbering or | ||
| cosmetology during the person's incarceration; | ||
| (2) provides a service in an emergency; | ||
| (3) is in the business of or receives compensation for | ||
| makeup applications only; | ||
| (4) provides a cosmetic service as a volunteer or an | ||
| employee performing regular duties at a licensed nursing or | ||
| convalescent custodial or personal care home to a patient residing | ||
| in the home; | ||
| (5) owns, operates, or manages a licensed nursing or | ||
| convalescent custodial or personal care home that allows a person | ||
| with an operator license to perform cosmetic services for patients | ||
| residing in the home on an occasional but not daily basis; | ||
| (6) provides an incidental cosmetic service, or owns, | ||
| operates, or manages the location where that service is provided, | ||
| if the primary purpose of the service is to enable or assist the | ||
| recipient of the service to participate as the subject of: | ||
| (A) a photographic sitting at a permanent | ||
| establishment that charges a fee exclusively for a photographic | ||
| sitting; | ||
| (B) a television appearance; or | ||
| (C) the filming of a motion picture; or | ||
| (7) performs only natural hair braiding, including | ||
| braiding a person's hair, trimming hair extensions only as | ||
| applicable to the braiding process, and attaching commercial hair | ||
| by braiding and without the use of chemicals or adhesives. | ||
| (b) This chapter does not apply to a person who performs | ||
| barbering or cosmetology as an inmate in the Texas Department of | ||
| Criminal Justice if the work is performed as part of a reentry | ||
| program or under supervision acceptable to the department. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
