S.B. No. 1503

	AN ACT
	relating to abolishing shampoo apprentice permits and shampoo
	specialty certificates.
	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; or
	(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;
	(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 1601.256(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a barber technician license may:
	(1)  perform only barbering as defined by Sections
	1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
	(2)  practice only at a location that has been issued a
	barbershop permit.
	SECTION 3.  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)  [shampooing and conditioning a person's hair;
	[(3)]  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);
	(3) [(4)]  treating a person's mustache or beard by
	arranging, beautifying, coloring, processing, styling, trimming,
	or shaving with a safety razor;
	(4) [(5)]  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;
	(5) [(6)]  beautifying a person's face, neck, or arms
	using a cosmetic preparation, antiseptic, tonic, lotion, powder,
	oil, clay, cream, or appliance;
	(6) [(7)]  administering facial treatments;
	(7) [(8)]  removing superfluous hair from a person's
	body using depilatories, preparations, or tweezing techniques;
	(8) [(9)]  treating a person's nails by:
	(A)  cutting, trimming, polishing, tinting,
	coloring, cleansing, or manicuring; or
	(B)  attaching false nails;
	(9) [(10)]  massaging, cleansing, treating, or
	beautifying a person's hands or feet;
	(10) [(11)]  applying semipermanent, thread-like
	extensions composed of single fibers to a person's eyelashes; or
	(11) [(12)]  weaving a person's hair.
	SECTION 4.  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)(5), (7), (8), and (10)
	[1602.002(a)(6), (8), (9), and (11)].
	SECTION 5.  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)(8) or (9) [1602.002(a)(9) or (10)].
	SECTION 6.  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)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),
	(8), and (11)].
	SECTION 7.  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)(10) [1602.002(a)(11)].
	SECTION 8.  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 Section
	1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].
	SECTION 9.  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)(2)
	[1602.002(a)(3)].
	SECTION 10.  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)(4) through (9) [1602.002(a)(5) through (10)].
	SECTION 11.  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)(2), (5), (7), (8), or (10)
	[1602.002(a)(3), (6), (8), (9), or (11)] is performed.
	SECTION 12.  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 13.  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 14.  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)(8) or
	(9) [1602.002(a)(9) or (10)] 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 15.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 1601.260(c);
	(2)  Section 1601.261;
	(3)  Section 1601.301(c);
	(4)  Section 1602.266(c);
	(5)  Section 1602.267;
	(6)  Section 1602.301(c); and
	(7)  Section 1602.456(b-1).
	SECTION 16.  On the effective date of this Act:
	(1)  a shampoo apprentice permit issued under former
	Section 1601.261 or 1602.267, Occupations Code, expires; and
	(2)  a shampoo specialty certificate issued under
	Chapter 1602 expires.
	SECTION 17.  (a)  The changes in law made by this Act do not
	affect the validity of a proceeding pending before a court or other
	governmental entity on the effective date of this Act.
	(b)  An offense or other violation of law committed before
	the effective date of this Act is governed by the law in effect when
	the offense or violation was committed, and the former law is
	continued in effect for that purpose.  For purposes of this
	subsection, an offense or violation was committed before the
	effective date of this Act if any element of the offense or
	violation occurred before that date.
	SECTION 18.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1503 passed the Senate on
	April 26, 2017, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 26, 2017, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1503 passed the House, with
	amendment, on May 19, 2017, by the following vote: Yeas 144,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor