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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing certain specialty licenses and certificates |
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for the practice of barbering or cosmetology. |
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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, or |
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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; or |
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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 |
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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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[(K)
braiding a person's hair, trimming hair
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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)-(G) |
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[1601.002(1)(C)-(H) and (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), (G), and (H) [(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 1601.261(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a shampoo apprentice permit may perform |
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only barbering as defined by Section 1601.002(1)(H) |
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[1601.002(1)(I)]. |
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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) or[,] (F) [, (H), or (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, or |
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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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(3) [(4)
servicing a person's wig or artificial
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hairpiece on a person's head or on a block after the initial retail
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sale and servicing in any manner listed in Subdivision (1);
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[(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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(4) [(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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(5) [(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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(6) [(8)] administering facial treatments; |
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(7) [(9)] removing superfluous hair from a person's |
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body using depilatories, preparations, or tweezing techniques; |
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(8) [(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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(9) [(11)] massaging, cleansing, treating, or |
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beautifying a person's hands or feet; or |
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(10) [(12)] applying semipermanent, thread-like |
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extensions composed of single fibers to a person's eyelashes [; or
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[(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)(5), (7), (8), and (10) |
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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)(8) or (9) [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)(4), (5), (6), (7), and (10) [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)(10) [1602.002(a)(12)]. |
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SECTION 11. 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)(4) through (9) [1602.002(a)(6) through (11)]. |
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SECTION 12. Section 1602.267(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a shampoo apprentice permit may perform |
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only the practice of cosmetology defined by Section 1602.002(2) |
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[1602.002(3)]. |
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SECTION 13. 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)(5) [1602.002(a)(2), (4)], (7), (8) |
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[(9)], or (10)[, or (12)] is performed. |
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SECTION 14. 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)(8) or |
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(9) [1602.002(a)(10) or (11)] shall, before performing the service, |
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clean, disinfect, and sterilize with an autoclave or dry heat |
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sterilizer or sanitize with an ultraviolet sanitizer, in accordance |
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with the sterilizer or sanitizer manufacturer's instructions, each |
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metal instrument, including metal nail clippers, cuticle pushers, |
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cuticle nippers, and other metal instruments, used to perform the |
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service. |
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SECTION 15. Sections 1601.258, 1601.259, 1601.263, |
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1602.258, 1602.259, and 1602.260, Occupations Code, are repealed. |
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SECTION 16. (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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(c) On the effective date of this Act a license or |
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certificate issued under former Section 1601.258, 1601.259, |
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1601.263, 1602.258, 1602.259, or 1602.260, Occupations Code, |
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expires. |
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SECTION 17. This Act takes effect September 1, 2015. |