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AN ACT
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relating to the deregulation of hair braiding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1601.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, |
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"barbering," "practicing barbering," or the "practice of |
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barbering" means: |
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(1) performing or offering or attempting to perform |
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for compensation or the promise of compensation any of the |
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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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or |
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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) advertising or representing to the public in any |
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manner that a person is a barber or is authorized to practice |
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barbering; or |
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(3) advertising or representing to the public in any |
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manner that a location or place of business is a barbershop, |
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specialty shop, or barber school. |
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SECTION 2. Section 1601.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does |
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not apply to a person who: |
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(1) does not represent or advertise to the public |
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directly or indirectly that the person is authorized by the |
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department to practice barbering; and |
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(2) is: |
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(A) a physician or registered nurse licensed in |
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this state and operating within the scope of the person's license; |
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(B) a commissioned or authorized medical or |
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surgical officer of the United States armed forces; |
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(C) a person regulated under Chapter 1602, if the |
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person practices within the scope of a permit, license, or |
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certificate issued by the department under that chapter; [or] |
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(D) an inmate in the institutional division of |
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the Texas Department of Criminal Justice who performs barbering |
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during the person's incarceration; or |
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(E) a person who performs only natural hair |
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braiding, including 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 by braiding and without the use of |
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chemicals or adhesives. |
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SECTION 3. Section 1601.254(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)]. |
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SECTION 4. Section 1601.265(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department shall issue a license or certificate to |
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an applicant for a license or certificate issued under Section |
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1601.253, 1601.256, or 1601.258[, or 1601.259] if the applicant: |
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(1) submits an application on a form prescribed by the |
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department; |
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(2) pays the application fee; and |
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(3) provides proof that the applicant holds a current |
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license to engage in the same or a similar activity issued by |
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another jurisdiction that has license requirements substantially |
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equivalent to those of this state. |
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SECTION 5. Section 1601.304(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who holds a specialty shop permit may maintain |
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an establishment in which only barbering as defined by Section |
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1601.002(1)(E), (F), or (H)[, or (K)] is performed. |
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SECTION 6. Section 1602.002(a), Occupations Code, is |
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amended to read as follows: |
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(a) In this chapter, "cosmetology" means the practice of |
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performing or offering to perform for compensation any of the |
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following services: |
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(1) treating a person's hair by: |
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(A) 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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(B) providing a necessary service that is |
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preparatory or ancillary to a service under Paragraph (A), |
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including bobbing, clipping, cutting, or trimming a person's hair |
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or shaving a person's neck with a safety razor; or |
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(C) cutting the person's hair as a separate and |
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independent service for which a charge is directly or indirectly |
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made separately from charges for any other service; |
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(2) [braiding a person's hair;
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[(3)] shampooing and conditioning a person's hair; |
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(3) [(4)] 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 Subdivision (1); |
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(4) [(5)] treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, styling, trimming, |
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or shaving with a safety razor; |
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(5) [(6)] cleansing, stimulating, or massaging a |
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person's scalp, face, neck, or arms: |
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(A) by hand or by using a device, apparatus, or |
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appliance; and |
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(B) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(6) [(7)] 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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(7) [(8)] administering facial treatments; |
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(8) [(9)] removing superfluous hair from a person's |
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body using depilatories, preparations, or tweezing techniques; |
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(9) [(10)] treating a person's nails by: |
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(A) cutting, trimming, polishing, tinting, |
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coloring, cleansing, or manicuring; or |
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(B) attaching false nails; |
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(10) [(11)] massaging, cleansing, treating, or |
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beautifying a person's hands or feet; |
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(11) [(12)] applying semipermanent, thread-like |
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extensions composed of single fibers to a person's eyelashes; or |
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(12) [(13)] weaving a person's hair. |
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SECTION 7. Section 1602.003(b), Occupations Code, is |
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amended to read as follows: |
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(b) This chapter does not apply to a person who: |
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(1) provides a service in an emergency; |
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(2) is licensed in this state to practice medicine, |
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dentistry, podiatry, chiropractic, or nursing and is operating |
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within the scope of the person's license; |
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(3) is in the business of or receives compensation for |
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makeup applications only; |
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(4) acts as a barber under Chapter 1601, if the person |
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does not hold the person out as a cosmetologist; |
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(5) provides a cosmetic service as a volunteer or an |
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employee performing regular duties at a licensed nursing or |
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convalescent custodial or personal care home to a patient residing |
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in the home; |
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(6) owns, operates, or manages a licensed nursing or |
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convalescent custodial or personal care home that allows a person |
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with an operator license to perform cosmetic services for patients |
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residing in the home on an occasional but not daily basis; [or] |
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(7) provides an incidental cosmetic service, or owns, |
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operates, or manages the location where that service is provided, |
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if the primary purpose of the service is to enable or assist the |
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recipient of the service to participate as the subject of: |
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(A) a photographic sitting at a fashion |
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photography studio; |
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(B) a television appearance; or |
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(C) the filming of a motion picture; or |
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(8) performs only natural hair braiding, including |
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braiding a person's hair, trimming hair extensions only as |
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applicable to the braiding process, and attaching commercial hair |
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by braiding and without the use of chemicals or adhesives. |
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SECTION 8. Section 1602.255(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11) |
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[1602.002(a)(7), (9), (10), and (12)]. |
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SECTION 9. Section 1602.256(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist specialty license may |
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perform only the practice of cosmetology defined in Section |
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1602.002(a)(9) or (10) [1602.002(a)(10) or (11)]. |
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SECTION 10. Section 1602.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding an esthetician specialty license may |
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perform only the practice of cosmetology defined in Sections |
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1602.002(a)(5), (6) [1602.002(a)(6)], (7), (8), [(9),] and (11) |
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[(12)]. |
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SECTION 11. Section 1602.2571(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty license in eyelash |
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extension application may perform only the practice of cosmetology |
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defined in Section 1602.002(a)(11) [1602.002(a)(12)]. |
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SECTION 12. Section 1602.259(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a hair weaving specialty certificate |
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may perform only the practice of cosmetology defined in Sections |
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1602.002(a)(2)[, (3),] and (12) [(13)]. |
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SECTION 13. Section 1602.260(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a wig specialty certificate may perform |
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only the practice of cosmetology defined in Section 1602.002(a)(3) |
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[1602.002(a)(4)]. |
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SECTION 14. Section 1602.261(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist/esthetician specialty |
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license may perform only the practice of cosmetology defined in |
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Sections 1602.002(a)(5) [1602.002(a)(6)] through (10) [(11)]. |
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SECTION 15. Section 1602.267(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a shampoo apprentice permit may perform |
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only the practice of cosmetology defined by Section 1602.002(a)(2) |
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[1602.002(3)]. |
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SECTION 16. Section 1602.305(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty shop license may maintain |
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an establishment in which only the practice of cosmetology as |
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defined in Section 1602.002(a)(3), (6), (8), (9), or (11) |
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[1602.002(a)(2), (4), (7), (9), (10), or (12)] is performed. |
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SECTION 17. Section 1603.352(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who holds a license, certificate, or permit |
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issued under this chapter, Chapter 1601, or Chapter 1602 and who |
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performs a barbering service described by Section 1601.002(1)(E) or |
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(F) or a cosmetology service described by Section 1602.002(a)(9) or |
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(10) [1602.002(a)(10) or (11)] shall, before performing the |
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service, clean, disinfect, and sterilize with an autoclave or dry |
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heat sterilizer or sanitize with an ultraviolet sanitizer, in |
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accordance with the sterilizer or sanitizer manufacturer's |
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instructions, each metal instrument, including metal nail |
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clippers, cuticle pushers, cuticle nippers, and other metal |
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instruments, used to perform the service. |
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SECTION 18. Sections 1601.259 and 1602.258, Occupations |
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Code, are repealed. |
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SECTION 19. (a) The Texas Department of Licensing and |
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Regulation shall issue a refund of fees to a person holding a barber |
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or cosmetology hair braiding specialty certificate, hair braiding |
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instructor license, or hair braiding specialty shop license |
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immediately before the effective date of this Act. |
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(b) The Texas Department of Licensing and Regulation shall |
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prorate fees on a monthly basis so that each license or certificate |
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holder described by Subsection (a) of this section receives a |
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refund for the amount of the fee that is allocable to the number of |
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months from the month in which this Act takes effect until the month |
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in which the license or certificate was scheduled to expire. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2717 was passed by the House on April |
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23, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2717 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |