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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practices of barbering and |
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cosmetology and associated locations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.070 to read as follows: |
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Sec. 341.070. BARBERING OR COSMETOLOGY ESTABLISHMENTS. (a) |
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In this section: |
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(1) "Barbering" means performing or offering or |
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attempting to perform for compensation or the promise of |
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compensation any of the following services: |
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(A) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, shaving, styling, or |
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trimming; |
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(B) treating a person's hair by: |
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(i) arranging, beautifying, bleaching, |
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cleansing, coloring, curling, dressing, dyeing, processing, |
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shampooing, shaping, singeing, straightening, styling, tinting, or |
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waving; |
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(ii) providing a necessary service that is |
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preparatory or ancillary to a service under Subparagraph (i), |
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including bobbing, clipping, cutting, or trimming; or |
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(iii) cutting the person's hair as a |
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separate and independent service for which a charge is directly or |
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indirectly made separately from a charge for any other service; |
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(C) cleansing, stimulating, or massaging a |
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person's scalp, face, neck, arms, or shoulders: |
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(i) by hand or by using a device, apparatus, |
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or appliance; and |
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(ii) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(D) beautifying a person's face, neck, arms, or |
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shoulders using a cosmetic preparation, antiseptic, tonic, lotion, |
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powder, oil, clay, cream, or appliance; |
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(E) treating a person's nails by: |
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(i) cutting, trimming, polishing, tinting, |
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coloring, cleansing, manicuring, or pedicuring; or |
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(ii) attaching false nails; |
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(F) massaging, cleansing, treating, or |
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beautifying a person's hands; |
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(G) administering facial treatments; |
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(H) weaving a person's hair by using any method |
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to attach commercial hair to a person's hair or scalp; |
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(I) shampooing or conditioning a person's hair; |
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(J) servicing in any manner listed in Paragraph |
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(B) a person's wig, toupee, or artificial hairpiece on a person's |
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head or on a block after the initial retail sale; or |
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(K) braiding a person's hair, trimming hair |
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extensions only as applicable to the braiding process, and |
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attaching commercial hair only by braiding and without the use of |
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chemicals or adhesives. |
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(2) "Cosmetology" means the practice of performing or |
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offering to perform for compensation any of the following services: |
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(A) treating a person's hair by: |
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(i) providing any method of treatment as a |
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primary service, including arranging, beautifying, bleaching, |
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cleansing, coloring, cutting, dressing, dyeing, processing, |
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shampooing, shaping, singeing, straightening, styling, tinting, or |
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waving; |
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(ii) providing a necessary service that is |
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preparatory or ancillary to a service under Subparagraph (i), |
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including bobbing, clipping, cutting, or trimming; or |
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(iii) cutting the person's hair as a |
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separate and independent service for which a charge is directly or |
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indirectly made separately from charges for any other service; |
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(B) weaving or braiding a person's hair; |
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(C) shampooing and conditioning a person's hair; |
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(D) servicing a person's wig or artificial |
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hairpiece on a person's head or on a block after the initial retail |
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sale and servicing in any manner listed in Paragraph (A); |
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(E) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, styling, or |
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trimming; |
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(F) cleansing, stimulating, or massaging a |
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person's scalp, face, neck, or arms: |
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(i) by hand or by using a device, apparatus, |
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or appliance; and |
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(ii) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(G) beautifying a person's face, neck, or arms |
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using a cosmetic preparation, antiseptic, tonic, lotion, powder, |
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oil, clay, cream, or appliance; |
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(H) administering facial treatments; |
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(I) removing superfluous hair from a person's |
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body using depilatories, preparations, or tweezing techniques; |
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(J) treating a person's nails by: |
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(i) cutting, trimming, polishing, tinting, |
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coloring, cleansing, or manicuring; or |
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(ii) attaching false nails; |
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(K) massaging, cleansing, treating, or |
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beautifying a person's hands or feet; or |
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(L) applying semipermanent, thread-like |
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extensions composed of single fibers to a person's eyelashes. |
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(b) An owner, manager, operator, or other attendant in |
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charge of an establishment providing barbering or cosmetology |
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services to the public must keep the establishment in a sanitary |
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condition. |
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(c) A local health department or local health authority of a |
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county or municipality may inspect an establishment described by |
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Subsection (b) within the jurisdiction of the county or |
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municipality for compliance with this section. |
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(d) A county or municipality may by order close, for the |
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period specified in the order, an establishment described by |
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Subsection (b) within the jurisdiction of the county or |
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municipality if the operation of the establishment violates this |
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section. |
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SECTION 2. Title 9, Occupations Code, is repealed. |
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SECTION 3. (a) A license, certificate, or permit issued |
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under Chapter 1601, 1602, or 1603, Occupations Code, in effect on |
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the effective date of this Act expires on that date. |
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(b) A proceeding under Title 9, Occupations Code, including |
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a complaint investigation, disciplinary action, and administrative |
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penalty proceeding, pending on the effective date of this Act is |
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terminated on that date. |
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(c) The Texas Department of Licensing and Regulation shall |
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return to a person who holds a valid license, certificate, or permit |
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under Title 9, Occupations Code, as that title existed immediately |
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before the effective date of this Act, a prorated portion of the fee |
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paid to the department for the issuance or renewal of the license, |
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certificate, or permit. |
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SECTION 4. This Act takes effect September 1, 2013. |