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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing shampoo apprentice permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1601.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, |
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"barbering," "practicing barbering," or the "practice of |
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barbering" means: |
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(1) performing or offering or attempting to perform |
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for compensation or the promise of compensation any of the |
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following services: |
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(A) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, shaving, styling, or |
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trimming; |
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(B) treating a person's hair by: |
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(i) arranging, beautifying, bleaching, |
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cleansing, coloring, curling, dressing, dyeing, processing, |
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[shampooing,] shaping, singeing, straightening, styling, tinting, |
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or waving; |
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(ii) providing a necessary service that is |
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preparatory or ancillary to a service under Subparagraph (i), |
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including bobbing, clipping, cutting, or trimming; or |
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(iii) cutting the person's hair as a |
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separate and independent service for which a charge is directly or |
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indirectly made separately from a charge for any other service; |
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(C) cleansing, stimulating, or massaging a |
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person's scalp, face, neck, arms, or shoulders: |
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(i) by hand or by using a device, apparatus, |
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or appliance; and |
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(ii) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(D) beautifying a person's face, neck, arms, or |
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shoulders using a cosmetic preparation, antiseptic, tonic, lotion, |
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powder, oil, clay, cream, or appliance; |
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(E) treating a person's nails by: |
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(i) cutting, trimming, polishing, tinting, |
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coloring, cleansing, manicuring, or pedicuring; or |
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(ii) attaching false nails; |
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(F) massaging, cleansing, treating, or |
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beautifying a person's hands; |
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(G) administering facial treatments; |
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(H) weaving a person's hair by using any method |
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to attach commercial hair to a person's hair or scalp; |
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(I) [shampooing or conditioning a person's hair;
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[(J)] servicing in any manner listed in Paragraph |
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(B) a person's wig, toupee, or artificial hairpiece on a person's |
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head or on a block after the initial retail sale; or |
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(J) [(K)] braiding a person's hair, trimming |
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hair extensions only as applicable to the braiding process, and |
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attaching commercial hair only by braiding and without the use of |
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chemicals or adhesives; |
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(2) advertising or representing to the public in any |
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manner that a person is a barber or is authorized to practice |
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barbering; or |
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(3) advertising or representing to the public in any |
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manner that a location or place of business is a barbershop, |
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specialty shop, or barber school. |
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SECTION 2. Section 1601.254(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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barbering as defined by Sections 1601.002(1)(C)-(H) and (J) [(K)]. |
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SECTION 3. Section 1601.256(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a barber technician license may: |
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(1) perform only barbering as defined by Sections |
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1601.002(1)(C), (D), (F), and (G)[, and (I)]; and |
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(2) practice only at a location that has been issued a |
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barbershop permit. |
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SECTION 4. Section 1601.259(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a hair braiding specialty certificate |
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of registration may perform only barbering as defined by Section |
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1601.002(1)(J) [1601.002(1)(K)]. |
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SECTION 5. Section 1601.304(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who holds a specialty shop permit may maintain |
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an establishment in which only barbering as defined by Section |
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1601.002(1)(E), (F), (H), or (J) [(K)] is performed. |
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SECTION 6. Section 1602.002(a), Occupations Code, is |
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amended to read as follows: |
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(a) In this chapter, "cosmetology" means the practice of |
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performing or offering to perform for compensation any of the |
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following services: |
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(1) treating a person's hair by: |
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(A) providing any method of treatment as a |
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primary service, including arranging, beautifying, bleaching, |
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cleansing, coloring, cutting, dressing, dyeing, processing, |
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[shampooing,] shaping, singeing, straightening, styling, tinting, |
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or waving; |
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(B) providing a necessary service that is |
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preparatory or ancillary to a service under Paragraph (A), |
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including bobbing, clipping, cutting, or trimming a person's hair |
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or shaving a person's neck with a safety razor; or |
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(C) cutting the person's hair as a separate and |
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independent service for which a charge is directly or indirectly |
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made separately from charges for any other service; |
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(2) braiding a person's hair; |
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(3) [shampooing and conditioning a person's hair;
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[(4)] servicing a person's wig or artificial hairpiece |
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on a person's head or on a block after the initial retail sale and |
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servicing in any manner listed in Subdivision (1); |
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(4) [(5)] treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, styling, trimming, |
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or shaving with a safety razor; |
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(5) [(6)] cleansing, stimulating, or massaging a |
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person's scalp, face, neck, or arms: |
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(A) by hand or by using a device, apparatus, or |
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appliance; and |
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(B) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(6) [(7)] beautifying a person's face, neck, or arms |
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using a cosmetic preparation, antiseptic, tonic, lotion, powder, |
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oil, clay, cream, or appliance; |
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(7) [(8)] administering facial treatments; |
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(8) [(9)] removing superfluous hair from a person's |
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body using depilatories, preparations, or tweezing techniques; |
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(9) [(10)] treating a person's nails by: |
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(A) cutting, trimming, polishing, tinting, |
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coloring, cleansing, or manicuring; or |
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(B) attaching false nails; |
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(10) [(11)] massaging, cleansing, treating, or |
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beautifying a person's hands or feet; |
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(11) [(12)] applying semipermanent, thread-like |
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extensions composed of single fibers to a person's eyelashes; or |
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(12) [(13)] weaving a person's hair. |
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SECTION 7. Section 1602.255(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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cosmetology defined in Sections 1602.002(a)(6), (8), (9), and (11) |
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[1602.002(a)(7), (9), (10), and (12)]. |
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SECTION 8. Section 1602.256(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist specialty license may |
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perform only the practice of cosmetology defined in Section |
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1602.002(a)(9) or (10) [1602.002(a)(10) or (11)]. |
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SECTION 9. Section 1602.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding an esthetician specialty license may |
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perform only the practice of cosmetology defined in Sections |
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1602.002(a)(5), (6), (7), (8), and (11) [1602.002(a)(6), (7), (8),
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(9), and (12)]. |
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SECTION 10. Section 1602.2571(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty license in eyelash |
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extension application may perform only the practice of cosmetology |
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defined in Section 1602.002(a)(11) [1602.002(a)(12)]. |
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SECTION 11. Section 1602.259(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a hair weaving specialty certificate |
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may perform only the practice of cosmetology defined in Sections |
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1602.002(a)(2)[, (3),] and (12) [(13)]. |
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SECTION 12. Section 1602.260(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a wig specialty certificate may perform |
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only the practice of cosmetology defined in Section 1602.002(a)(3) |
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[1602.002(a)(4)]. |
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SECTION 13. Section 1602.261(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a manicurist/esthetician specialty |
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license may perform only the practice of cosmetology defined in |
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Sections 1602.002(a)(5) through (10) [1602.002(a)(6) through
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(11)]. |
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SECTION 14. Section 1602.305(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty shop license may maintain |
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an establishment in which only the practice of cosmetology as |
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defined in Section 1602.002(a)(2), (3), (6), (8) [(4), (7)], (9), |
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[(10),] or (11) [(12)] is performed. |
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SECTION 15. Section 1602.354(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission will by rule recognize, prepare, or |
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administer continuing education programs for the practice of |
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cosmetology. Participation in the programs is mandatory for all |
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license renewals [other than renewal of a shampoo specialty
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certificate]. |
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SECTION 16. Section 1602.403(c), Occupations Code, is |
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amended to read as follows: |
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(c) A person holding a beauty shop license or specialty shop |
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license may not employ: |
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(1) a person as an operator or specialist or lease to a |
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person who acts as an operator or specialist unless the person holds |
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a license or certificate under this chapter or under Chapter 1601; |
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or |
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(2) a person to shampoo or condition a person's hair |
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unless the person holds a [shampoo apprentice permit or] student |
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permit. |
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SECTION 17. Section 1603.352(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who holds a license, certificate, or permit |
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issued under this chapter, Chapter 1601, or Chapter 1602 and who |
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performs a barbering service described by Section 1601.002(1)(E) or |
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(F) or a cosmetology service described by Section 1602.002(a)(9) or |
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(10) [1602.002(a)(10) or (11)] shall, before performing the |
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service, clean, disinfect, and sterilize with an autoclave or dry |
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heat sterilizer or sanitize with an ultraviolet sanitizer, in |
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accordance with the sterilizer or sanitizer manufacturer's |
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instructions, each metal instrument, including metal nail |
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clippers, cuticle pushers, cuticle nippers, and other metal |
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instruments, used to perform the service. |
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SECTION 18. Sections 1601.261 and 1602.267, Occupations |
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Code, are repealed. |
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SECTION 19. On the effective date of this Act, a shampoo |
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apprentice permit issued under former Section 1601.261 or 1602.267, |
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Occupations Code, expires. |
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SECTION 20. (a) The changes in law made by this Act do not |
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affect the validity of a proceeding pending before a court or other |
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governmental entity on the effective date of this Act. |
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(b) An offense or other violation of law committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense or violation was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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subsection, an offense or violation was committed before the |
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effective date of this Act if any element of the offense or |
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violation occurred before that date. |
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SECTION 21. This Act takes effect September 1, 2015. |