H.B. No. 2717

	AN ACT
	relating to the deregulation of hair braiding.
	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 1601.003, Occupations Code, is amended
	to read as follows:
	Sec. 1601.003.  APPLICATION OF CHAPTER. 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; and
	(2)  is:
	(A)  a physician or registered nurse licensed in
	this state 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;
	(C)  a person regulated under Chapter 1602, if the
	person practices within the scope of a permit, license, or
	certificate issued by the department under that chapter; [or]
	(D)  an inmate in the institutional division of
	the Texas Department of Criminal Justice who performs barbering
	during the person's incarceration; or
	(E)  a person who 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.
	SECTION 3.  Section 1601.254(c), Occupations Code, is
	amended to read as follows:
	(c)  The commission shall adopt rules for the licensing of
	specialty instructors to teach specialty courses in the practice of
	barbering as defined by Sections 1601.002(1)(C)-(H) [and (K)].
	SECTION 4.  Section 1601.265(a), Occupations Code, is
	amended to read as follows:
	(a)  The department shall issue a license or certificate to
	an applicant for a license or certificate issued under Section
	1601.253, 1601.256, or 1601.258[, or 1601.259] if the applicant:
	(1)  submits an application on a form prescribed by the
	department;
	(2)  pays the application fee; and
	(3)  provides proof that the applicant holds a current
	license to engage in the same or a similar activity issued by
	another jurisdiction that has license requirements substantially
	equivalent to those of this state.
	SECTION 5.  Section 1601.304(a), Occupations Code, is
	amended to read as follows:
	(a)  A person who holds a specialty shop permit may maintain
	an establishment in which only barbering as defined by Section
	1601.002(1)(E), (F), or (H)[, or (K)] is performed.
	SECTION 6.  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 a person's hair
	or shaving a person's neck with a safety razor; 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)  [braiding a person's hair;
	[(3)]  shampooing and conditioning a person's hair;
	(3) [(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);
	(4) [(5)]  treating a person's mustache or beard by
	arranging, beautifying, coloring, processing, styling, trimming,
	or shaving with a safety razor;
	(5) [(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;
	(6) [(7)]  beautifying a person's face, neck, or arms
	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
	oil, clay, cream, or appliance;
	(7) [(8)]  administering facial treatments;
	(8) [(9)]  removing superfluous hair from a person's
	body using depilatories, preparations, or tweezing techniques;
	(9) [(10)]  treating a person's nails by:
	(A)  cutting, trimming, polishing, tinting,
	coloring, cleansing, or manicuring; or
	(B)  attaching false nails;
	(10) [(11)]  massaging, cleansing, treating, or
	beautifying a person's hands or feet;
	(11) [(12)]  applying semipermanent, thread-like
	extensions composed of single fibers to a person's eyelashes; or
	(12) [(13)]  weaving a person's hair.
	SECTION 7.  Section 1602.003(b), Occupations Code, is
	amended to read as follows:
	(b)  This chapter does not apply to a person who:
	(1)  provides a service in an emergency;
	(2)  is licensed in this state to practice medicine,
	dentistry, podiatry, chiropractic, or nursing and is operating
	within the scope of the person's license;
	(3)  is in the business of or receives compensation for
	makeup applications only;
	(4)  acts as a barber under Chapter 1601, if the person
	does not hold the person out as a cosmetologist;
	(5)  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;
	(6)  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; [or]
	(7)  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 fashion
	photography studio;
	(B)  a television appearance; or
	(C)  the filming of a motion picture; or
	(8)  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.
	SECTION 8.  Section 1602.255(c), Occupations Code, is
	amended to read as follows:
	(c)  The commission shall adopt rules for the licensing of
	specialty instructors to teach specialty courses in the practice of
	cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11)
	[1602.002(a)(7), (9), (10), and (12)].
	SECTION 9.  Section 1602.256(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a manicurist specialty license may
	perform only the practice of cosmetology defined in Section
	1602.002(a)(9) or (10) [1602.002(a)(10) or (11)].
	SECTION 10.  Section 1602.257(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding an esthetician specialty license may
	perform only the practice of cosmetology defined in Sections
	1602.002(a)(5), (6) [1602.002(a)(6)], (7), (8), [(9),] and (11)
	[(12)].
	SECTION 11.  Section 1602.2571(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a specialty license in eyelash
	extension application may perform only the practice of cosmetology
	defined in Section 1602.002(a)(11) [1602.002(a)(12)].
	SECTION 12.  Section 1602.259(a), Occupations Code, is
	amended to read as follows:
	(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 (12) [(13)].
	SECTION 13.  Section 1602.260(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a wig specialty certificate may perform
	only the practice of cosmetology defined in Section 1602.002(a)(3)
	[1602.002(a)(4)].
	SECTION 14.  Section 1602.261(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a manicurist/esthetician specialty
	license may perform only the practice of cosmetology defined in
	Sections 1602.002(a)(5) [1602.002(a)(6)] through (10) [(11)].
	SECTION 15.  Section 1602.267(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a shampoo apprentice permit may perform
	only the practice of cosmetology defined by Section 1602.002(a)(2)
	[1602.002(3)].
	SECTION 16.  Section 1602.305(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a specialty shop license may maintain
	an establishment in which only the practice of cosmetology as
	defined in Section 1602.002(a)(3), (6), (8), (9), or (11)
	[1602.002(a)(2), (4), (7), (9), (10), or (12)] is performed.
	SECTION 17.  Section 1603.352(a), Occupations Code, is
	amended to read as follows:
	(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)(9) or
	(10) [1602.002(a)(10) or (11)] shall, before performing the
	service, clean, disinfect, and sterilize with an autoclave or dry
	heat sterilizer or sanitize with an ultraviolet sanitizer, in
	accordance with the sterilizer or sanitizer manufacturer's
	instructions, each metal instrument, including metal nail
	clippers, cuticle pushers, cuticle nippers, and other metal
	instruments, used to perform the service.
	SECTION 18.  Sections 1601.259 and 1602.258, Occupations
	Code, are repealed.
	SECTION 19.  (a) The Texas Department of Licensing and
	Regulation shall issue a refund of fees to a person holding a barber
	or cosmetology hair braiding specialty certificate, hair braiding
	instructor license, or hair braiding specialty shop license
	immediately before the effective date of this Act.
	(b)  The Texas Department of Licensing and Regulation shall
	prorate fees on a monthly basis so that each license or certificate
	holder described by Subsection (a) of this section receives a
	refund for the amount of the fee that is allocable to the number of
	months from the month in which this Act takes effect until the month
	in which the license or certificate was scheduled to expire.
	SECTION 20.  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, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2717 was passed by the House on April
	23, 2015, by the following vote:  Yeas 140, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2717 was passed by the Senate on May
	20, 2015, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor