H.B. No. 2106

	AN ACT
	relating to the regulation of barbering and cosmetology.
	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 1601.253(b), Occupations Code, is
	amended to read as follows:
	(b)  The department shall issue a Class A barber certificate
	to an applicant who:
	(1)  complies with the application requirements of this
	chapter;
	(2)  passes the applicable examination [with an average
	grade of at least 75 percent];
	(3)  pays the required fee; and
	(4)  possesses the other qualifications required by
	this chapter.
	SECTION 3.  Subchapter F, Chapter 1601, Occupations Code, is
	amended by adding Sections 1601.258 and 1601.259 to read as
	follows:
	Sec. 1601.258.  ELIGIBILITY FOR HAIR WEAVING SPECIALTY
	CERTIFICATE OF REGISTRATION. (a) A person holding a hair weaving
	specialty certificate of registration may perform only barbering as
	defined by Section 1601.002(1)(H).
	(b)  An applicant for a hair weaving specialty certificate of
	registration must:
	(1)  be at least 17 years of age; and
	(2)  satisfy the requirements specified by the
	department, including training through a commission-approved
	training program.
	(c)  The department shall issue a hair weaving specialty
	certificate of registration to an applicant who:
	(1)  possesses the qualifications described by
	Subsection (b);
	(2)  pays the required registration fee; and
	(3)  has not committed an act that constitutes a ground
	for denial of the certificate.
	Sec. 1601.259.  ELIGIBILITY FOR HAIR BRAIDING SPECIALTY
	CERTIFICATE OF REGISTRATION. (a) A person holding a hair braiding
	specialty certificate of registration may perform only barbering as
	defined by Section 1601.002(1)(K).
	(b)  An applicant for a hair braiding specialty certificate
	must:
	(1)  be at least 17 years of age; and
	(2)  satisfy the requirements specified by the
	department, including training through a commission-approved
	training program.
	(c)  The department shall issue a hair braiding specialty
	certificate of registration to an applicant who:
	(1)  possesses the qualifications described by
	Subsection (b);
	(2)  pays the required registration fee; and
	(3)  has not committed an act that constitutes a ground
	for denial of the certificate.
	SECTION 4.  Section 1601.303, Occupations Code, is amended
	to read as follows:
	Sec. 1601.303.  ISSUANCE OF BARBERSHOP PERMIT.  The
	department shall issue a barbershop permit to an applicant if:
	(1)  the applicant owns the barbershop; [and]
	(2)  the applicant verifies the application; and
	(3)  the shop meets the minimum health standards for
	barbershops set by the commission and complies with all other
	commission rules.
	SECTION 5.  Sections 1601.304 and 1601.305, Occupations
	Code, are amended to read as follows:
	Sec. 1601.304.  [MANICURIST] SPECIALTY SHOP PERMIT.  (a) A
	person who holds a [manicurist] specialty shop permit may maintain
	an establishment in which only barbering as defined by Section
	[Sections] 1601.002(1)(E), [and] (F), (H), or (K) is performed. [A
	manicurist specialty shop may be operated only under the direction
	of a person who holds a manicurist license.]
	(b)  An applicant for a [manicurist] specialty shop permit
	must submit:
	(1)  an application on a department-approved form [that
	includes:
	[(A)  the shop's address;
	[(B)     the legal description of the premises for
	which the permit is sought; and
	[(C)     any other information required by the
	department]; and
	(2)  the required inspection fee.
	[(c)     As soon as practicable after receipt of the application
	and fee, the department shall issue a temporary manicurist
	specialty shop permit to the applicant. The applicant may operate
	the applicant's shop under the temporary permit until a permanent
	permit is issued.]
	Sec. 1601.305.  ISSUANCE OF [MANICURIST] SPECIALTY SHOP
	PERMIT.  The department shall issue a [permanent manicurist]
	specialty shop permit to an applicant if:
	(1)  the applicant submits proof that the applicant
	satisfies the requirements established by the commission for a
	specialty shop [holds a manicurist license]; [and]
	(2)  the applicant pays the required inspection fee and
	permit fee;
	(3)  the applicant verifies the application and the
	application complies with commission rules; and
	(4)  the applicant has not committed an act that
	constitutes a ground for denial of a permit, certificate, or
	license under this chapter [the shop meets the minimum health
	standards for manicurist specialty shops set by the commission, as
	determined by a department inspection under Section 1603.103, and
	any other requirements imposed by commission rule].
	SECTION 6.  Section 1601.353(a), Occupations Code, is
	amended to read as follows:
	(a)  The department may not approve an application for a
	permit for a barber school that provides training leading to
	issuance of a Class A barber certificate unless the school has:
	(1)  a [an adequate school site housed in a
	substantial] building of permanent construction containing at
	least 2,800 square feet of floor space, divided into at least:
	(A)  a senior department;
	(B)  a junior department;
	(C)  a class theory room;
	(D)  a supply room;
	(E)  an office space; and
	(F)  [a dressing and cloak room; and
	[(G)  two sanitary, modern,] separate restrooms
	for male and female students[, each equipped with one commode and
	one of which is also equipped with a urinal];
	(2)  a hard-surface floor-covering of tile or other
	suitable material;
	(3)  at least 20 modern barber chairs, including a
	cabinet and mirror for each chair;
	(4)  a sink [lavatory] behind every two barber chairs;
	(5)  a liquid sterilizer for each barber chair;
	(6)  an adequate number of latherers, vibrators, and
	hair dryers for student use;
	(7)  adequate lighting for each room;
	(8)  at least 20 classroom chairs, a blackboard,
	anatomical charts of the head, neck, and face, and one barber chair
	in the class theory room;
	(9)  [a library with library facilities available to
	students containing] at least one medical dictionary and a standard
	work on human anatomy;
	(10)  adequate drinking fountain facilities, with at
	least one for each floor; and
	(11)  at least one fire extinguisher   [adequate
	toilet facilities for the students; and
	[(12)  adequate fire-fighting equipment].
	SECTION 7.  Section 1601.453, Occupations Code, is amended
	to read as follows:
	Sec. 1601.453.  LOCATION OF PRACTICE.  A person licensed by
	the department may practice barbering only at a location for which
	the department has issued a barbershop permit, specialty shop
	permit, or barber school permit under this chapter or a permit
	issued under Chapter 1603.
	SECTION 8.  Section 1602.256, Occupations Code, is amended
	to read as follows:
	Sec. 1602.256.  ELIGIBILITY FOR A MANICURIST SPECIALTY
	LICENSE.  (a) A person holding a manicurist specialty license may
	perform only the practice of cosmetology defined in Section
	1602.002(a)(10) or (11) [1602.002(9) or (10)].
	(b)  To be eligible for a manicurist specialty license, an
	applicant must:
	(1)  be at least 17 years of age;
	(2)  have obtained a high school diploma or the
	equivalent of a high school diploma or have passed a valid
	examination administered by a certified testing agency that
	measures the person's ability to benefit from training; and
	(3)  have completed 600 hours of instruction in
	manicuring through a commission-approved training program.
	SECTION 9.  Section 1602.257(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a facialist specialty license may
	perform only the practice of cosmetology defined in Sections
	1602.002(a)(6) through (9) [Section 1602.002(7)].
	SECTION 10.  Section 1602.258, Occupations Code, is amended
	to read as follows:
	Sec. 1602.258.  ELIGIBILITY FOR A SPECIALTY
	CERTIFICATE.  (a) A person holding a specialty certificate may
	perform only the practice of cosmetology defined in Sections
	1602.002(a)(2) through (4) [Section 1602.002(2), (3), (4), or (7)].
	(b)  To be eligible for a specialty certificate, an applicant
	must:
	(1)  be at least 17 years of age; and
	(2)  [have obtained a high school diploma or the
	equivalent of a high school diploma or have passed a valid
	examination administered by a certified testing agency that
	measures the person's ability to benefit from training; and
	[(3)]  have the necessary requisites as determined by
	the department in the particular specialty for which certification
	is sought, including training through a commission-approved
	training program.
	SECTION 11.  Section 1602.262(a), Occupations Code, is
	amended to read as follows:
	(a)  An applicant for an operator license, instructor
	license, manicurist specialty license, or facialist specialty
	license is entitled to the license if the applicant:
	(1)  meets the applicable eligibility requirements;
	(2)  passes the applicable examination;
	(3)  pays the required fee; and
	(4)  has not committed an act that constitutes a ground
	for denial of the license.
	SECTION 12.  Section 1602.303(b), Occupations Code, is
	amended to read as follows:
	(b)  An application for a private beauty culture school
	license must be accompanied by the required license fee and
	inspection fee and:
	(1)  be on a form prescribed by the department;
	(2)  be verified by the applicant; and
	(3)  [contain a detailed floor plan of the school
	building divided into two separate areas, one area for instruction
	in theory and one area for clinic work; and
	[(4)]  contain a statement that the building:
	(A)  [is fireproof;
	[(B)]  is of permanent construction and is divided
	into at least two separate areas:
	(i)  one area for instruction in theory; and
	(ii)  one area for clinic work;
	(B) [(C)]  contains a minimum of 3,500 square feet
	of floor space;
	(C) [(D)]  has separate restrooms for male and
	female students; and
	(D) [(E)]  contains, or will contain before
	classes begin, the equipment established by commission rule as
	sufficient to properly instruct a minimum of 50 students.
	SECTION 13.  Section 1602.354, Occupations Code, is amended
	to read as follows:
	Sec. 1602.354.  CONTINUING EDUCATION. (a)  The commission
	will by rule recognize, prepare, or administer continuing education
	programs for the practice of cosmetology. Participation in the
	programs is mandatory for all license renewals.
	(b)  The commission may only require a license holder to
	complete continuing education of not more than four hours in health
	and safety courses if the license holder:
	(1)  is at least 65 years of age; and
	(2)  has held a cosmetology license for at least 15
	years.
	SECTION 14.  Section 1602.403(a), Occupations Code, is
	amended to read as follows:
	(a)  A private beauty culture school may not employ:
	(1)  a person holding an operator license, manicurist
	specialty license, or specialty certificate solely to perform the
	practices of cosmetology for which the person is licensed or
	certified; or
	(2)  a person holding an instructor license to perform
	any act or practice of cosmetology.
	SECTION 15.  Section 1603.103, Occupations Code, is amended
	to read as follows:
	Sec. 1603.103.  INSPECTION OF SCHOOLS[, SHOPS, AND
	FACILITIES] BEFORE OPERATION.  (a)  Until the department
	determines, by inspection, that the person has established the
	school[, shop, or facility] in compliance with this chapter,
	Chapter 1601, or Chapter 1602, a person may not operate a school[,
	shop, or other facility] licensed or permitted under this chapter,
	Chapter 1601, or Chapter 1602.
	(b)  A school[, shop, or other facility] that is not approved
	by the department on initial inspection may be reinspected.
	(c)  The department may charge the school[, shop, or other
	facility shall pay] a fee for each inspection. The commission shall
	by rule set the amount of the fee.
	SECTION 16.  Sections 1603.104(b) and (e), Occupations Code,
	are amended to read as follows:
	(b)  At least once every two years, the department shall
	inspect each [school,] shop[,] or other facility that holds a
	license, certificate, or permit in which the practice of barbering
	or cosmetology is performed under this chapter, Chapter 1601, or
	Chapter 1602, and at least twice per year, the department shall
	inspect each school in which barbering or cosmetology is taught
	under this chapter, Chapter 1601, or Chapter 1602.
	(e)  The department may charge the school, shop, or other
	facility [shall pay] a fee for each inspection performed under
	Subsection (c). The commission shall by rule set the amount of the
	fee.
	SECTION 17.  Subchapter C, Chapter 1603, Occupations Code,
	is amended by adding Section 1603.1045 to read as follows:
	Sec. 1603.1045.  CONTRACT TO PERFORM INSPECTIONS. The
	department may contract with a person to perform for the department
	inspections of a school, shop, or other facility under this
	chapter, Chapter 1601, or Chapter 1602.
	SECTION 18.  Subchapter E, Chapter 1603, Occupations Code,
	is amended by adding Sections 1603.205 and 1603.206 to read as
	follows:
	Sec. 1603.205.  DUAL BARBER AND BEAUTY SHOP LICENSE. (a) A
	person holding a dual barber and beauty shop license may own,
	operate, or manage a shop in which any practice of barbering defined
	by Section 1601.002(1) or cosmetology defined by Section
	1602.002(a) is performed.
	(b)  An applicant for a dual barber and beauty shop license
	must submit:
	(1)  an application on a department-approved form that
	is verified by the applicant;
	(2)  proof that the applicant meets the applicable
	requirements under Chapters 1601 and 1602 for obtaining a
	barbershop permit and a beauty shop license; and
	(3)  the required license fee.
	(c)  The department shall issue a dual barber and beauty shop
	license to an applicant that:
	(1)  meets the requirements under this chapter and
	Chapters 1601 and 1602;
	(2)  complies with commission rules; and
	(3)  pays the required fees.
	(d)  The holder of a dual barber and beauty shop license must
	comply with this chapter, Chapters 1601 and 1602, and commission
	rules related to barbering and cosmetology.
	Sec. 1603.206.  MOBILE SHOPS. (a)  In this section, "mobile
	shop" means a facility that is readily movable and where barbering,
	cosmetology, or both are practiced other than at a fixed location.
	(b)  A barbershop, beauty shop, or specialty shop licensed or
	permitted under this chapter, Chapter 1601, or Chapter 1602 may be a
	mobile shop.
	(c)  The commission may adopt rules to administer this
	section, including rules providing for:
	(1)  the licensing or permitting of a mobile shop;
	(2)  the fees for a mobile shop;
	(3)  the operation of a mobile shop;
	(4)  reporting requirements for a mobile shop; and
	(5)  the inspection of a mobile shop.
	SECTION 19.  Section 1603.352, Occupations Code, is amended
	to read as follows:
	Sec. 1603.352.  STERILIZATION [SANITATION] REQUIREMENTS FOR
	CERTAIN SERVICES.  (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)(10) or (11) [1602.002(10) or (11):
	[(1)]  shall, before performing the service, clean,
	disinfect, and sterilize with an autoclave or a dry heat,
	ultraviolet, or other department-approved sterilizer, in
	accordance with the sterilizer manufacturer's instructions, each
	metal [nondisposable] instrument, including metal nail clippers,
	cuticle pushers, cuticle nippers, and other metal instruments, used
	to perform the service[; and
	[(2)     may use a disposable supply or instrument only if
	that supply or instrument is purchased at the location where the
	service is performed or provided by the person on whom the service
	is performed].
	(b)  The owner or manager of a barber shop, barber school,
	beauty shop, specialty shop, [or] beauty culture school, or other
	facility licensed under this chapter, Chapter 1601, or Chapter
	1602, is responsible for providing an autoclave or a dry heat,
	ultraviolet, or other department-approved sterilizer for use in the
	shop or school as required by Subsection (a). An autoclave or a dry
	heat, ultraviolet, or other department-approved sterilizer used as
	required by Subsection (a) must be[:
	[(1)  registered and] listed with the United States
	[federal] Food and Drug Administration[; and
	[(2)     used in accordance with the manufacturer's
	instructions].
	(c)  Each sterilized instrument must be stored in accordance
	with the manufacturer's instructions.
	(d)  This section does not apply to:
	(1)  single-use instruments; or
	(2)  nonmetal nail files, buffer blocks, pumice stones,
	nail brushes, or other similar instruments.
	(e)  The commission may adopt rules to administer this
	section.
	SECTION 20.  Subchapter J, Chapter 1603, Occupations Code,
	is amended by adding Sections 1603.455 and 1603.456 to read as
	follows:
	Sec. 1603.455.  EMERGENCY ORDERS. (a) The executive
	director may issue an emergency order to suspend or revoke a license
	or permit issued, or to cease the operation of an unsafe facility
	regulated, by the department under this title if the executive
	director determines that an emergency exists requiring immediate
	action to protect the public health and safety.
	(b)  The executive director may issue the emergency order
	with or without notice and hearing as the executive director
	considers practicable under the circumstances.
	(c)  If an emergency order is issued under this section
	without a hearing, the executive director, not later than the 10th
	day after the date the emergency order was issued, shall set the
	time and place for a hearing conducted by the State Office of
	Administrative Hearings to affirm, modify, or set aside the
	emergency order. The executive director shall set the hearing for a
	date not later than the 30th day after the date the time and place
	for the hearing are set.  The hearing examiner shall affirm the
	order to the extent that reasonable cause existed to issue the
	order.
	(d)  The commission by rule may prescribe procedures for the
	issuance and appeal of an emergency order under this section,
	including a rule to allow the commission to affirm, modify, or set
	aside a decision by the State Office of Administrative Hearings
	under Subsection (c).
	(e)  A proceeding under this section is a contested case
	under Chapter 2001, Government Code.
	Sec. 1603.456.  CEASE AND DESIST ORDERS. The executive
	director may issue a cease and desist order, after notice and
	opportunity for hearing, if the executive director determines that
	the order is necessary to prevent a violation of:
	(1)  this chapter, Chapter 1601, or Chapter 1602; or
	(2)  a rule adopted by the commission.
	SECTION 21.  Sections 1601.506, 1602.266(c), and 1602.408,
	Occupations Code, are repealed.
	SECTION 22.  (a) The Texas Department of Licensing and
	Regulation shall issue a hair braiding specialty certificate of
	registration under Section 1601.259, Occupations Code, as added by
	this Act, to an applicant qualified under this section who:
	(1)  applies for a certificate of registration under
	this section not later than October 1, 2007;
	(2)  has the experience required by this section; and
	(3)  pays the application fee.
	(b)  An applicant for a hair braiding specialty certificate
	of registration under this section is required to have practiced
	hair braiding in this state for at least 10 years before the
	regulation of hair braiding by Chapter 267, Acts of the 75th
	Legislature, Regular Session, 1997.
	(c)  This section expires on October 31, 2007.
	SECTION 23.  Not later than January 1, 2008, the Texas
	Commission of Licensing and Regulation shall adopt rules necessary
	to implement the changes in law made by this Act, including rules to
	administer:
	(1)  Sections 1601.258 and 1601.259, Occupations Code,
	as added by this Act, related to eligibility for hair weaving and
	hair braiding specialty certificates;
	(2)  Section 1602.354, Occupations Code, as amended by
	this Act, related to continuing education and renewal requirements;
	(3)  Section 1603.205, Occupations Code, as added by
	this Act, related to dual barber and beauty shop licenses.
	SECTION 24.  The changes in law made by this Act apply only
	to an application for the issuance or renewal of a license, permit,
	or certificate that is filed with the Texas Department of Licensing
	and Regulation on or after the effective date of this Act. An
	application for the issuance or renewal of a license, permit, or
	certificate that is filed before the effective date of this Act is
	governed by the law in effect on the date the application was filed,
	and the former law is continued in effect for that purpose.
	SECTION 25.  Notwithstanding Section 1603.205, Occupations
	Code, as added by this Act, the Texas Department of Licensing and
	Regulation may not issue a license under that section before May 1,
	2008.
	SECTION 26.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2106 was passed by the House on May 4,
	2007, by the following vote:  Yeas 143, Nays 1, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2106 on May 25, 2007, by the following vote:  Yeas 139, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2106 was passed by the Senate, with
	amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor