By: Huffines	S.B. No. 1604

	A BILL TO BE ENTITLED
	AN ACT
	relating to abolishing the regulation of hair braiding.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 1601.002, Occupations Code, is amended
	to read as follows:
	Sec. 1601.002.  DEFINITION OF BARBERING. In this chapter,
	"barbering," "practicing barbering," or the "practice of
	barbering" means:
	(1)  performing or offering or attempting to perform
	for compensation or the promise of compensation any of the
	following services:
	(A)  treating a person's mustache or beard by
	arranging, beautifying, coloring, processing, shaving, styling, or
	trimming;
	(B)  treating a person's hair by:
	(i)  arranging, beautifying, bleaching,
	cleansing, coloring, curling, dressing, dyeing, processing,
	shampooing, shaping, singeing, straightening, styling, tinting, or
	waving;
	(ii)  providing a necessary service that is
	preparatory or ancillary to a service under Subparagraph (i),
	including bobbing, clipping, cutting, or trimming; or
	(iii)  cutting the person's hair as a
	separate and independent service for which a charge is directly or
	indirectly made separately from a charge for any other service;
	(C)  cleansing, stimulating, or massaging a
	person's scalp, face, neck, arms, or shoulders:
	(i)  by hand or by using a device, apparatus,
	or appliance; and
	(ii)  with or without the use of any cosmetic
	preparation, antiseptic, tonic, lotion, or cream;
	(D)  beautifying a person's face, neck, arms, or
	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
	powder, oil, clay, cream, or appliance;
	(E)  treating a person's nails by:
	(i)  cutting, trimming, polishing, tinting,
	coloring, cleansing, manicuring, or pedicuring; or
	(ii)  attaching false nails;
	(F)  massaging, cleansing, treating, or
	beautifying a person's hands;
	(G)  administering facial treatments;
	(H)  weaving a person's hair by using any method
	to attach commercial hair to a person's hair or scalp;
	(I)  shampooing or conditioning a person's hair;
	or
	(J)  servicing in any manner listed in Paragraph
	(B) a person's wig, toupee, or artificial hairpiece on a person's
	head or on a block after the initial retail sale; [or
	[(K)     braiding a person's hair, trimming hair
	extensions only as applicable to the braiding process, and
	attaching commercial hair only by braiding and without the use of
	chemicals or adhesives;]
	(2)  advertising or representing to the public in any
	manner that a person is a barber or is authorized to practice
	barbering; or
	(3)  advertising or representing to the public in any
	manner that a location or place of business is a barbershop,
	specialty shop, or barber school.
	SECTION 2.  Section 1601.254(c), Occupations Code, is
	amended to read as follows:
	(c)  The commission shall adopt rules for the licensing of
	specialty instructors to teach specialty courses in the practice of
	barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)].
	SECTION 3.  Section 1601.304(a), Occupations Code, is
	amended to read as follows:
	(a)  A person who holds a specialty shop permit may maintain
	an establishment in which only barbering as defined by Section
	1601.002(1)(E), (F), or (H)[, or (K)] is performed.
	SECTION 4.  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;
	(3) [(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);
	(4) [(5)]  treating a person's mustache or beard by
	arranging, beautifying, coloring, processing, styling, trimming,
	or shaving with a safety razor;
	(5) [(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;
	(6) [(7)]  beautifying a person's face, neck, or arms
	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
	oil, clay, cream, or appliance;
	(7) [(8)]  administering facial treatments;
	(8) [(9)]  removing superfluous hair from a person's
	body using depilatories, preparations, or tweezing techniques;
	(9) [(10)]  treating a person's nails by:
	(A)  cutting, trimming, polishing, tinting,
	coloring, cleansing, or manicuring; or
	(B)  attaching false nails;
	(10) [(11)]  massaging, cleansing, treating, or
	beautifying a person's hands or feet;
	(11) [(12)]  applying semipermanent, thread-like
	extensions composed of single fibers to a person's eyelashes; or
	(12) [(13)]  weaving a person's hair.
	SECTION 5.  Section 1602.255(c), Occupations Code, is
	amended to read as follows:
	(c)  The commission shall adopt rules for the licensing of
	specialty instructors to teach specialty courses in the practice of
	cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11)
	[1602.002(a)(7), (9), (10), and (12)].
	SECTION 6.  Section 1602.256(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a manicurist specialty license may
	perform only the practice of cosmetology defined in Section
	1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
	SECTION 7.  Section 1602.257(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding an esthetician specialty license may
	perform only the practice of cosmetology defined in Sections
	1602.002(a)(5), (6), (7), (8), and (11) [1602.002(a)(6), (7), (8),
	(9), and (12)].
	SECTION 8.  Section 1602.2571(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a specialty license in eyelash
	extension application may perform only the practice of cosmetology
	defined in Section 1602.002(a)(11) [1602.002(a)(12)].
	SECTION 9.  Section 1602.259(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a hair weaving specialty certificate
	may perform only the practice of cosmetology defined in Sections
	1602.002(a)(2) [, (3),] and (12) [(13)].
	SECTION 10.  Section 1602.260(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a wig specialty certificate may perform
	only the practice of cosmetology defined in Section 1602.002(a)(3)
	[1602.002(a)(4)].
	SECTION 11.  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)(5) through (10) [1602.002(a)(6) through
	(11)].
	SECTION 12.  Section 1602.267(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a shampoo apprentice permit may perform
	only the practice of cosmetology defined by Section 1602.002(a)(2)
	[1602.002(3)].
	SECTION 13.  Section 1602.305(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a specialty shop license may maintain
	an establishment in which only the practice of cosmetology as
	defined in Section 1602.002(a)(3), (6), (8) [1602.002(a)(2), (4),
	(7)], (9), [(10),] or (11) [(12)] is performed.
	SECTION 14.  Section 1603.352(a), Occupations Code, is
	amended to read as follows:
	(a)  A person who holds a license, certificate, or permit
	issued under this chapter, Chapter 1601, or Chapter 1602 and who
	performs a barbering service described by Section 1601.002(1)(E) or
	(F) or a cosmetology service described by Section 1602.002(a)(9) or
	(10) [1602.002(a)(10) or (11)] shall, before performing the
	service, clean, disinfect, and sterilize with an autoclave or dry
	heat sterilizer or sanitize with an ultraviolet sanitizer, in
	accordance with the sterilizer or sanitizer manufacturer's
	instructions, each metal instrument, including metal nail
	clippers, cuticle pushers, cuticle nippers, and other metal
	instruments, used to perform the service.
	SECTION 15.  Sections 1601.259 and 1602.258, Occupations
	Code, are repealed.
	SECTION 16.  (a)  On the effective date of this Act:
	(1)  a disciplinary proceeding pending before the Texas
	Department of Licensing and Regulation relating to an allegation
	against a person for practicing, without the appropriate
	certificate, barbering as defined by Section 1601.002(1)(K),
	Occupations Code, or cosmetology as defined by Section
	1602.002(a)(2), Occupations Code, as those sections existed
	immediately before the effective date of this Act, is dismissed;
	and
	(2)  a hair braiding specialty certificate issued under
	former Section 1601.259 or 1602.258, Occupations Code, expires.
	(b)  As soon as practicable after the effective date of this
	Act, the Texas Department of Licensing and Regulation shall issue a
	prorated refund of any fees paid by a holder of a hair braiding
	specialty certificate under former Section 1601.259 or 1602.258,
	Occupations Code, that was scheduled to expire after the effective
	date of this Act.
	(c)  As soon as practicable after the effective date of this
	Act, the Texas Commission of Licensing and Regulation shall repeal
	all rules regarding the regulation of hair braiding and the
	teaching of hair braiding.
	SECTION 17.  This Act takes effect September 1, 2015.