By: Zaffirini	S.B. No. 383

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility for an occupational license by certain
	former inmates 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.