BILL ANALYSIS

H.B. 2717

By: Goldman

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties explain that the financial requirements to obtain a hair braiding specialty certificate, including tuition to attend a barber or cosmetology school and licensing, renewal, and continuing education fees, act as a barrier for a person who would like to practice natural hair braiding for compensation. In addition to this barrier, the parties further explain that hair braiding techniques are not taught in the majority of barber and cosmetology schools, but rather learned from other sources, and that these techniques are practiced without the use of chemicals which greatly reduces the risk of harm to a consumer. The parties contend that, for these reasons and a recent court ruling that the minimum square footage and equipment requirements under state law for hair braiding schools violates the U.S. Constitution and does not advance public health and safety or any other government interest, provisions regarding hair braiding need to be removed from statute. H.B. 2717 seeks to address these issues by amending regulatory provisions regarding hair braiding.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2717 repeals Occupations Code provisions relating to the issuance of a hair braiding specialty certificate and requires the Texas Department of Licensing and Regulation (TDLR) to 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 bill's effective date. The bill requires TDLR to prorate fees on a monthly basis so that each license or certificate holder receives a refund for the amount of the fee that is allocable to the number of months from the month in which the bill's provisions take effect until the month in which the license or certificate was scheduled to expire.

H.B. 2717 amends the Occupations Code to exempt from statutory provisions relating to barbers and cosmetologists 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.

H.B. 2717 repeals Sections 1601.259 and 1602.258, Occupations Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.