TITLE: Relating to the regulation of the practices of barbering and cosmetology and associated locations.

SUMMARY: Relating to the regulation of the practices of barbering and cosmetology and associated locations.

FULL TEXT:
AN ACT relating to the regulation of the practices of barbering and cosmetology and associated locations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 341, Health and Safety Code, is amended by adding Section 341.070 to read as follows: Sec. 341.070. BARBERING OR COSMETOLOGY ESTABLISHMENTS. (a) In this section: (1) "Barbering" means 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; (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) "Cosmetology" means the practice of performing or offering to perform for compensation any of the following services: (A) treating a person's hair by: (i) 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; (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 charges for any other service; (B) weaving or braiding a person's hair; (C) shampooing and conditioning a person's hair; (D) 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 Paragraph (A); (E) treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, or trimming; (F) cleansing, stimulating, or massaging a person's scalp, face, neck, or arms: (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; (G) beautifying a person's face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance; (H) administering facial treatments; (I) removing superfluous hair from a person's body using depilatories, preparations, or tweezing techniques; (J) treating a person's nails by: (i) cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring; or (ii) attaching false nails; (K) massaging, cleansing, treating, or beautifying a person's hands or feet; or (L) applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes. (b) An owner, manager, operator, or other attendant in charge of an establishment providing barbering or cosmetology services to the public must keep the establishment in a sanitary condition. (c) A local health department or local health authority of a county or municipality may inspect an establishment described by Subsection (b) within the jurisdiction of the county or municipality for compliance with this section. (d) A county or municipality may by order close, for the period specified in the order, an establishment described by Subsection (b) within the jurisdiction of the county or municipality if the operation of the establishment violates this section. SECTION 2. Title 9, Occupations Code, is repealed. SECTION 3. (a) A license, certificate, or permit issued under Chapter 1601, 1602, or 1603, Occupations Code, in effect on the effective date of this Act expires on that date. (b) A proceeding under Title 9, Occupations Code, including a complaint investigation, disciplinary action, and administrative penalty proceeding, pending on the effective date of this Act is terminated on that date. (c) The Texas Department of Licensing and Regulation shall return to a person who holds a valid license, certificate, or permit under Title 9, Occupations Code, as that title existed immediately before the effective date of this Act, a prorated portion of the fee paid to the department for the issuance or renewal of the license, certificate, or permit. SECTION 4. This Act takes effect September 1, 2013.