H.B. No. 2095

	AN ACT
	relating to the regulation of barbering and cosmetology;
	authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 1601.001(a), Occupations Code, is
	amended by adding Subdivision (5) to read as follows:
	(5)  "Dual shop" means a shop owned, operated, or
	managed by a person holding a dual barber and beauty shop license
	issued under Chapter 1603.
	SECTION 2.  Section 1601.260, Occupations Code, is amended
	by adding Subsection (c) to read as follows:
	(c)  A person holding a student permit may shampoo or
	condition a person's hair in a facility licensed under this chapter
	or Chapter 1603. The barber school in which the permit holder is
	enrolled may not receive compensation for services performed under
	this subsection.
	SECTION 3.  Section 1601.261, Occupations Code, is amended
	by adding Subsection (f) to read as follows:
	(f)  This section applies only to a person who holds a permit
	under this section issued to the person before September 1, 2013.
	SECTION 4.  Section 1601.301, Occupations Code, is amended
	to read as follows:
	Sec. 1601.301.  PERMIT REQUIRED. (a) A person may not own,
	operate, or manage a barbershop, dual shop, or specialty shop
	unless the person holds the appropriate permit.
	(b)  Not later than the third day after the date the shop
	opens, a person who owns, operates, or manages a barbershop, dual
	shop, or specialty shop must submit an application to the
	department for an appropriate permit for each shop, accompanied by
	a fee set by commission rule.
	(c)  A person who owns, operates, or manages a barbershop,
	dual shop, or specialty shop may employ a person holding a student
	permit under Section 1601.260 to shampoo or condition a person's
	hair.
	SECTION 5.  Section 1601.353, Occupations Code, is amended
	to read as follows:
	Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT. The
	department may approve an application for a permit for a barber
	school if the school:
	(1)  is located in:
	(A)  a municipality with a population of more than
	50,000 that has a building of permanent construction containing at
	least 2,000 square feet of floor space, including classroom and
	practical areas, covered in a hard-surface floor-covering of tile
	or other suitable material; or
	(B)  a municipality with a population of 50,000 or
	less or an unincorporated area of a county that has a building of
	permanent construction containing at least 1,000 square feet of
	floor space, including classroom and practical areas, covered in a
	hard-surface floor-covering of tile or other suitable material;
	(2)  has the following equipment:
	(A)  at least 10 student workstations that include
	a chair that reclines, a back bar, and a wall mirror;
	(B)  a sink behind every two workstations;
	(C)  [a liquid sterilizer for each workstation;
	[(D)]  adequate lighting for each room;
	(D) [(E)]  at least 10 classroom chairs and other
	materials necessary to teach the required subjects; and
	(E) [(F)]  access to permanent restrooms and
	adequate drinking fountain facilities; and
	(3)  meets any other requirement set by the commission.
	SECTION 6.  Subchapter J, Chapter 1601, Occupations Code, is
	amended by adding Section 1601.455 to read as follows:
	Sec. 1601.455.  SERVICE AT UNLICENSED LOCATION.  (a)  In this
	section, "licensed facility" means the premises of a place of
	business that holds a license, certificate, or permit under this
	chapter or Chapter 1603.
	(b)  A person holding a license, certificate, or permit under
	this chapter may perform a service within the scope of the license,
	certificate, or permit at a location other than a licensed facility
	for a client who, because of illness or physical or mental
	incapacitation, is unable to receive the services at a licensed
	facility.
	(c)  An appointment for a service performed under this
	section must be made through a licensed facility.
	SECTION 7.  Section 1602.001, Occupations Code, is amended
	by adding Subdivision (3-a) to read as follows:
	(3-a)  "Dual shop" means a shop owned, operated, or
	managed by a person holding a dual barber and beauty shop license
	issued under Chapter 1603.
	SECTION 8.  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; 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)  [weaving or] braiding a person's hair;
	(3)  shampooing and conditioning a person's hair;
	(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);
	(5)  treating a person's mustache or beard by
	arranging, beautifying, coloring, processing, styling, or
	trimming;
	(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;
	(7)  beautifying a person's face, neck, or arms using a
	cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
	clay, cream, or appliance;
	(8)  administering facial treatments;
	(9)  removing superfluous hair from a person's body
	using depilatories, preparations, or tweezing techniques;
	(10)  treating a person's nails by:
	(A)  cutting, trimming, polishing, tinting,
	coloring, cleansing, or manicuring; or
	(B)  attaching false nails;
	(11)  massaging, cleansing, treating, or beautifying a
	person's hands or feet; [or]
	(12)  applying semipermanent, thread-like extensions
	composed of single fibers to a person's eyelashes; or
	(13)  weaving a person's hair.
	SECTION 9.  Section 1602.051, Occupations Code, is amended
	to read as follows:
	Sec. 1602.051.  BOARD; MEMBERSHIP.  (a)  The Advisory Board
	on Cosmetology consists of nine [seven] members appointed by the
	presiding officer of the commission, with the commission's
	approval, as follows:
	(1)  one member who holds a license for a beauty shop
	that is part of a chain of beauty shops;
	(2)  one member who holds a license for a beauty shop
	that is not part of a chain of beauty shops;
	(3)  one member who holds a private beauty culture
	school license;
	(4)  two members who each hold an operator license;
	(5)  one member who represents a licensed public
	secondary or postsecondary beauty culture school; [and]
	(6)  one member who represents a licensed public
	secondary beauty culture school; and
	(7)  two [one] public members [member].
	(b)  The associate commissioner [for occupational education
	and technology] of the Texas Education Agency responsible for
	career and technical education or the associate commissioner's
	authorized representative shall serve as an ex officio member of
	the commission without voting privileges.
	SECTION 10.  Section 1602.251(c), Occupations Code, is
	amended to read as follows:
	(c)  A person licensed by the department may practice
	cosmetology only at a facility operated by a person holding a beauty
	shop license, specialty shop license, private beauty culture school
	license, or other license issued by the department.
	SECTION 11.  Section 1602.258, Occupations Code, is amended
	to read as follows:
	Sec. 1602.258.  ELIGIBILITY FOR A HAIR BRAIDING SPECIALTY
	CERTIFICATE. (a) A person holding a hair braiding specialty
	certificate may perform only the practice of cosmetology defined in
	Section 1602.002(a)(2) [Sections 1602.002(a)(2) through (4)].
	(b)  To be eligible for a hair braiding specialty
	certificate, an applicant must:
	(1)  be at least 17 years of age; and
	(2)  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 12.  Subchapter F, Chapter 1602, Occupations Code,
	is amended by adding Sections 1602.259 and 1602.260 to read as
	follows:
	Sec. 1602.259.  ELIGIBILITY FOR A HAIR WEAVING SPECIALTY
	CERTIFICATE. (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 (13).
	(b)  To be eligible for a hair weaving specialty certificate,
	an applicant must:
	(1)  be at least 17 years of age; and
	(2)  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.
	Sec. 1602.260.  ELIGIBILITY FOR A WIG SPECIALTY CERTIFICATE.
	(a) A person holding a wig specialty certificate may perform only
	the practice of cosmetology defined in Section 1602.002(a)(4).
	(b)  To be eligible for a wig specialty certificate, an
	applicant must:
	(1)  be at least 17 years of age; and
	(2)  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 13.  Section 1602.266, Occupations Code, is amended
	by adding Subsection (c) to read as follows:
	(c)  A person holding a student permit may shampoo or
	condition a person's hair in a facility licensed under this chapter
	or Chapter 1603.
	SECTION 14.  Section 1602.267, Occupations Code, is amended
	by adding Subsection (f) to read as follows:
	(f)  This section applies only to a person who holds a permit
	under this section issued to the person before September 1, 2013.
	SECTION 15.  Section 1602.301, Occupations Code, is amended
	by amending Subsection (b) and adding Subsection (c) to read as
	follows:
	(b)  A person may not operate a vocational cosmetology
	program in a public school or lease space on the premises of a
	beauty shop, specialty shop, or dual shop to engage in the practice
	of cosmetology as an independent contractor unless the person holds
	a license issued under this chapter.
	(c)  A person who owns, operates, or manages a beauty shop,
	specialty shop, or dual shop may employ a person holding a student
	permit under Section 1602.266 to shampoo or condition a person's
	hair.
	SECTION 16.  Section 1602.354(a), Occupations Code, is
	amended to read as follows:
	(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 other than renewal of a shampoo specialty
	certificate.
	SECTION 17.  Section 1602.403(c), Occupations Code, is
	amended to read as follows:
	(c)  A person holding a beauty shop license or specialty shop
	license may not employ:
	(1)  a person as an operator or specialist or lease to a
	person who acts as an operator or specialist unless the person holds
	a license or certificate under this chapter or under Chapter 1601;
	or
	(2)  a person to shampoo or condition a person's hair
	unless the person holds a shampoo apprentice permit or student
	permit.
	SECTION 18.  Subchapter I, Chapter 1602, Occupations Code,
	is amended by adding Section 1602.407 to read as follows:
	Sec. 1602.407.  SERVICE AT UNLICENSED LOCATION.  (a)  In this
	section, "licensed facility" means the premises of a place of
	business that holds a license, certificate, or permit under this
	chapter or Chapter 1603.
	(b)  A person holding a license, certificate, or permit under
	this chapter may perform a service within the scope of the license,
	certificate, or permit at a location other than a licensed facility
	for a client who, because of illness or physical or mental
	incapacitation, is unable to receive the services at a licensed
	facility.
	(c)  An appointment for a service performed under this
	section must be made through a licensed facility.
	SECTION 19.  Section 1602.451(a), Occupations Code, is
	amended to read as follows:
	(a)  The holder of a private beauty culture school license
	shall:
	(1)  maintain a sanitary establishment;
	(2)  maintain on duty one [full-time] licensed
	instructor for each 25 students in attendance;
	(3)  maintain a daily record of students' attendance;
	(4)  establish regular class and instruction hours and
	grades;
	(5)  require a school term of not less than nine months
	and not less than 1,500 hours instruction for a complete course in
	cosmetology;
	(6)  require a school term of not less than 600 hours
	instruction for a complete course in manicuring;
	(7)  hold examinations before issuing diplomas;
	(8)  maintain a copy of the school's curriculum in a
	conspicuous place and verify that the curriculum is being followed;
	(9)  publish in the school's catalogue and enrollment
	contract a description of the refund policy required under Section
	1602.458; and
	(10)  provide the department with information on:
	(A)  the current course completion rates of
	students who attend a course of instruction offered by the school;
	and
	(B)  job placement rates and employment rates of
	students who complete the course of instruction.
	SECTION 20.  Section 1602.456, Occupations Code, is amended
	by adding Subsection (b-1) to read as follows:
	(b-1)  A private beauty culture school or public school in
	which a student permit holder is enrolled may not receive
	compensation for services performed under Section 1602.266(c).
	SECTION 21.  Subchapter E, Chapter 1603, Occupations Code,
	is amended by adding Section 1603.207 to read as follows:
	Sec. 1603.207.  MINI-SALONS AND MINI-BARBERSHOPS. (a)  In
	this section, "mini-salon or mini-barbershop" includes a room or
	suite of rooms that is one of a number of connected establishments
	in a single premises that open onto a common hallway or another
	configuration of operations as determined by commission rule in
	which a person practices barbering or cosmetology under a license,
	certificate, or permit issued under this chapter, Chapter 1601, or
	Chapter 1602.
	(b)  The commission may adopt rules for the:
	(1)  licensing, permitting, operation, inspection, and
	reporting requirements of a mini-salon or mini-barbershop;
	(2)  fees required to issue or renew a license or permit
	for or to inspect a mini-salon or mini-barbershop; and
	(3)  sanitation standards required for a mini-salon or
	mini-barbershop.
	(c)  A mini-salon or mini-barbershop licensed, certified, or
	permitted under this section must meet the requirements of a
	barbershop, beauty shop, dual shop, or specialty shop licensed,
	certified, or permitted under this chapter, Chapter 1601, or
	Chapter 1602.
	SECTION 22.  Section 1603.256(c), Occupations Code, is
	amended to read as follows:
	(c)  The following persons may administer a practical
	examination required under this subchapter:
	(1)  the department; or
	(2)  a person with whom the department contracts under
	Section 1603.252[; or
	[(3)  an examination proctor].
	SECTION 23.  Section 1603.351, Occupations Code, is amended
	to read as follows:
	Sec. 1603.351.  MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
	EDUCATION.  (a)  The commission shall prescribe the minimum
	curriculum, including the subjects and the number of hours in each
	subject, taught by a school licensed under this chapter, Chapter
	1601, or Chapter 1602[, including a private beauty culture school
	or a vocational cosmetology program in a public school].
	(b)  The commission may adopt rules allowing distance
	education only for the theory portion of the curriculum taught by a
	school licensed under this chapter, Chapter 1601, or Chapter 1602.
	(c)  Distance education does not satisfy the requirements of
	the practical portion of the curriculum taught by a school licensed
	under this chapter, Chapter 1601, or Chapter 1602.
	SECTION 24.  The following sections of the Occupations Code
	are repealed:
	(1)  Sections 1601.261(b) and (e);
	(2)  Sections 1602.267(b) and (e);
	(3)  Section 1603.153;
	(4)  Section 1603.251; and
	(5)  Section 1603.257.
	SECTION 25.  (a)  A person holding a shampoo specialty
	certificate under Section 1602.258, Occupations Code, on the
	effective date of this Act may continue to provide services under
	and renew the certificate as provided by Chapter 1602, Occupations
	Code.
	(b)  The Texas Department of Licensing and Regulation may not
	issue an original shampoo specialty certificate on or after
	September 1, 2013.
	(c)  A person holding a shampoo apprentice permit under
	Section 1601.261 or 1602.267, Occupations Code, on the effective
	date of this Act may continue to provide services under the permit
	as provided by Chapter 1601 or 1602, Occupations Code, as
	appropriate.
	(d)  The Texas Department of Licensing and Regulation may not
	issue an original shampoo apprentice permit on or after September
	1, 2013.
	SECTION 26.  Not later than May 1, 2014, the Texas Commission
	of Licensing and Regulation shall adopt rules to implement Section
	1603.207, Occupations Code, as added by this Act, and Section
	1603.351, Occupations Code, as amended by this Act.
	SECTION 27.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2095 was passed by the House on April
	11, 2013, by the following vote:  Yeas 139, Nays 5, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2095 was passed by the Senate on May
	8, 2013, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor