Law:Title 9. Regulation Of Barbers, Cosmetologists, And Related Occupations (Texas)

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Contents

Chapter 1601. Barbers

Subchapter A. General Provisions

Section  1601.001.  General Definitions.

(a) In this chapter:

(1)  "Barber" means a person who:

(A)  performs or offers or attempts to perform any act of barbering;

(B)  claims to be engaged in the practice of barbering; or

(C)  directly or indirectly advertises or represents the person to be a barber or to be authorized to practice barbering.

(2)  "Barbershop" means a place, other than a barber school that holds a permit under this chapter, in which barbering is practiced or is offered or attempted to be practiced. The term includes a barber salon.

(3)  "Board" means the Advisory Board on Barbering.

(4)  "Certificate" means a certificate of registration issued by the department.

(4-a)  "Commission" means the Texas Commission of Licensing and Regulation.

(4-b)  "Department" means the Texas Department of Licensing and Regulation.

(5)  "License" means a license issued by the department.

(6)  "Manager" means the person who controls or directs the business of a barbershop or directs the work of a person employed in a barbershop.

(7)  "Manicurist specialty shop" means a place in which only the practice of barbering defined by Sections 1601.002(1)(E) and (F) is performed for compensation.

(8)  "Permit" means a permit issued by the department.

(9)  Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff. Sept. 1, 2001.

(10)  Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff. Sept. 1, 2001.

(b)  The term "barber school" includes a barber college.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.01, eff. September 1, 2005.



Section 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;

(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)  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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 1, eff. June 15, 2007.



Section 1601.003.  Application Of Chapter.

This chapter does not apply to a person who:

(1)  does not represent or advertise to the public directly or indirectly that the person is authorized by the department to practice barbering; and

(2)  is:

(A)  a physician or registered nurse licensed in this state and operating within the scope of the person's license;

(B)  a commissioned or authorized medical or surgical officer of the United States armed forces;

(C)  a person regulated under Chapter 1602, if the person practices within the scope of a permit, license, or certificate issued by the department under that chapter; or

(D)  an inmate in the institutional division of the Texas Department of Criminal Justice who performs barbering during the person's incarceration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.02, eff. September 1, 2005.



Subchapter B. Advisory Board On Barbering

Section  1601.051.  Board; Membership.

The Advisory Board on Barbering consists of five members appointed by the presiding officer of the commission, with the commission's approval, as follows:

(1)  two members, each of whom:

(A)  is engaged in the practice of barbering as a Class A barber; and

(B)  does not hold a barbershop permit;

(2)  two members, each of whom is a barbershop owner who holds a barbershop permit; and

(3)  one member who holds a permit to conduct or operate a barber school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 5.01, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.04, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section 1601.055.  Terms; Vacancy.

(a) Members of the board serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year.

(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 5.02, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.05, eff. September 1, 2005.



Section 1601.058.  Presiding Officer.

The presiding officer of the commission, with the commission's approval, shall designate a board member as presiding officer to serve in that capacity for a two-year term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.06, eff. September 1, 2005.



Section 1601.059.  Board Duties.

(a) The board shall advise the commission and the department on:

(1)  education and curricula for applicants;

(2)  the content of examinations;

(3)  proposed rules and standards on technical issues related to barbering; and

(4)  other issues affecting barbering.

(b)  The board shall respond to questions from the department and the commission regarding barbering.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 2.07, eff. September 1, 2005.



Subchapter F. General Certificate, License, And Permit Requirements

Section  1601.251.  Certificate, License, Or Permit Required.

(a) A person may not perform or offer or attempt to perform any act of barbering unless the person holds an appropriate certificate, license, or permit.

(b)  Unless the person holds an appropriate certificate, license, or permit, a person may not directly or indirectly use or cause to be used any of the following terms, or any combination, variation, or abbreviation of the terms, as a professional or business identification, title, name, representation, asset, or means of advantage or benefit:

(1)  "barber" or "barbering";

(2)  "barber school" or "barber college"; or

(3)  "barbershop," "barber salon," or "specialty shop."

(c)  Unless the person holds an appropriate certificate, license, or permit, a person may not directly or indirectly use or cause to be used a symbol, or a combination, variation, or abbreviation of symbols, that in any manner creates an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop, specialty shop, or barber school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.253.  Eligibility For Class A Barber Certificate.

(a) An applicant for a Class A barber certificate must:

(1)  be at least 16 years of age; and

(2)  pass a written and practical examination demonstrating to the department's satisfaction the applicant's fitness and competence to practice barbering.

(b)  The department shall issue a Class A barber certificate to an applicant who:

(1)  complies with the application requirements of this chapter;

(2)  passes the applicable examination;

(3)  pays the required fee;  and

(4)  possesses the other qualifications required by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.08, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 2, eff. June 15, 2007.



Section  1601.254.  Eligibility For Teacher's Certificate.

(a) An applicant for a teacher's certificate must:

(1)  be a Class A barber;

(2)  have at least five years' experience as a practicing barber in a barbershop, two years of which occurred in the two years preceding the application date; and

(3)  submit the required examination fee with the application.

(b)  An applicant must submit a new application and fee for each examination taken by the applicant. Fees paid are not refundable.

(c)  The department shall issue a teacher's certificate to an applicant who:

(1)  passes the appropriate examination; and

(2)  pays the required certificate fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.09, eff. September 1, 2005.



Section  1601.256.  Eligibility For Barber Technician License.

(a) A person holding a barber technician license may:

(1)  perform only barbering as defined by Sections 1601.002(1)(C), (D), (F), (G), and (I); and

(2)  practice only at a location that has been issued a barbershop permit.

(b)  An applicant for a barber technician license must:

(1)  be at least 16 years of age;

(2)  have completed the seventh grade or the equivalent of the seventh grade;

(3)  have completed a course of instruction in a commission-approved training program consisting of not less than 300 hours in a period of not less than eight weeks; and

(4)  submit the required fee with the application.

(c)  The course of instruction described by Subsection (b)(3) must include the theory and practice of:

(1)  laws governing the practice of barbering in this state;

(2)  hygienic bacteriology;

(3)  histology of the skin, muscles, and nerves;

(4)  the structure of the head, neck, and face;

(5)  elementary chemistry relating to sterilization and antiseptics;

(6)  common disorders of the skin;

(7)  massage and manipulation of the muscles of the scalp, face, and neck;

(8)  shampooing;

(9)  the administration of facial treatments;

(10)  the preparation of patrons and making of appointments; and

(11)  any other services within the scope of barbering under Subsection (a).

(d)  The department shall issue a barber technician license to an applicant who:

(1)  possesses the qualifications described by Subsection (b);

(2)  passes the appropriate examination;

(3)  pays the required license fee; and

(4)  has not committed an act that is a ground for denial of a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.10, eff. September 1, 2005.



Section  1601.257.  Eligibility For Manicurist License.

(a) A person holding a manicurist license may perform only barbering as defined by Sections 1601.002(1)(E) and (F).

(b)  An applicant for a manicurist license must:

(1)  be at least 17 years of age;

(2)  have completed the seventh grade or the equivalent of the seventh grade;

(3)  have completed a commission-approved training program consisting of 600 hours of instruction in manicuring; and

(4)  submit the required fee with the application.

(c)  The department shall issue a manicurist license to an applicant who:

(1)  possesses the qualifications described by Subsection (b);

(2)  passes the appropriate examination;

(3)  pays the required license fee; and

(4)  has not committed an act that is a ground for denial of a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 4, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.11, eff. September 1, 2005.



Section 1601.258.  Eligibility For Hair Weaving Specialty Certificate Of Registration. (a) A Pe

rson holding a hair weaving specialty certificate of registration may perform only barbering as defined by Section 1601.002(1)(H).

(b)  An applicant for a hair weaving specialty certificate of registration must:

(1)  be at least 17 years of age; and

(2)  satisfy the requirements specified by the department, including training through a commission-approved training program.

(c)  The department shall issue a hair weaving specialty certificate of registration to an applicant who:

(1)  possesses the qualifications described by Subsection (b);

(2)  pays the required registration fee; and

(3)  has not committed an act that constitutes a ground for denial of the certificate.

Added by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 3, eff. June 15, 2007.



Section 1601.259.  Eligibility For Hair Braiding Specialty Certificate Of Registration. (a) A Pe

rson holding a hair braiding specialty certificate of registration may perform only barbering as defined by Section 1601.002(1)(K).

(b)  An applicant for a hair braiding specialty certificate must:

(1)  be at least 17 years of age; and

(2)  satisfy the requirements specified by the department, including training through a commission-approved training program.

(c)  The department shall issue a hair braiding specialty certificate of registration to an applicant who:

(1)  possesses the qualifications described by Subsection (b);

(2)  pays the required registration fee; and

(3)  has not committed an act that constitutes a ground for denial of the certificate.

Added by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 3, eff. June 15, 2007.



Section 1601.260.  Eligibility For Student Permit.

(a) An applicant for a permit to be a student in a barber school must:

(1)  submit an enrollment application to the department in the form prescribed by the department;

(2)  have completed the seventh grade;

(3)  satisfy other requirements specified by the department; and

(4)  submit with the application the required nonrefundable application fee.

(b)  A separate application is required for each enrollment, reenrollment, or transfer enrollment.  The application fee applies only to the first enrollment.  The department may not charge the application fee for any later enrollment, reenrollment, or transfer enrollment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.12, eff. September 1, 2005.



Section 1601.265.  Waiver Of License Requirements; Personal Interview.

(a) The department may waive any license requirement for an applicant holding a license from another state or country that has license requirements substantially equivalent to those of this state.

(b)  The department may not require a personal interview as part of the application process.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.13, eff. September 1, 2005.



Subchapter G. Permitting Of Barbershops And Specialty Shops

Section  1601.301.  Permit Required.

(a) A person may not own, operate, or manage a barbershop or specialty shop unless the person holds the appropriate permit.

(b)  Not later than the third day after the date the shop opens, a person who owns, operates, or manages a barbershop or specialty shop must  submit an application to the department for an appropriate permit for each shop, accompanied by a fee set by commission rule.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.14, eff. September 1, 2005.



Section 1601.303.  Issuance Of Barbershop Permit.

The department shall issue a barbershop permit to an applicant if:

(1)  the applicant owns the barbershop;

(2)  the applicant verifies the application; and

(3)  the shop meets the minimum health standards for barbershops set by the commission and complies with all other commission rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 6, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 736, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 2.15, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 4, eff. June 15, 2007.



Section 1601.304.  Specialty Shop Permit.

(a) A person who holds a specialty shop permit may maintain an establishment in which only barbering as defined by Section 1601.002(1)(E), (F), (H), or (K) is performed.

(b)  An applicant for a specialty shop permit must submit:

(1)  an application on a department-approved form; and

(2)  the required inspection fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.16, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 5, eff. June 15, 2007.



Section 1601.305.  Issuance Of Specialty Shop Permit.

The department shall issue a specialty shop permit to an applicant if:

(1)  the applicant submits proof that the applicant satisfies the requirements established by the commission for a specialty shop;

(2)  the applicant pays the required inspection fee and permit fee;

(3)  the applicant verifies the application and the application complies with commission rules; and

(4)  the applicant has not committed an act that constitutes a ground for denial of a permit, certificate, or license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 7, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.17, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 5, eff. June 15, 2007.



Section  1601.308.  Transfer Of Barbershop Or Specialty Shop Permit.

(a) A permit issued under this subchapter is not transferable.

(b)  If the ownership of a barbershop or specialty shop is transferred, the new owner of the shop may continue to operate the shop if the new owner applies for and obtains a new permit not later than the 30th day after the date of the transfer.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.309.  Practice By Cosmetologist At Specialty Shop Prohibited.

A person who holds a license, permit, or certificate issued by the department under Chapter 1602 may not practice under that authority at a specialty shop regulated under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.18, eff. September 1, 2005.



Subchapter H. Permitting Of Barber Schools

Section  1601.351.  Permit Required.

A person may not operate a barber school unless the person holds a barber school permit.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.352.  Application For Barber School Permit.

(a) An applicant for a barber school permit must demonstrate to the department that the school meets the requirements of this subchapter for issuance of a permit.

(b)  Before issuing a barber school permit, the department must determine that the applicant is financially sound and capable of fulfilling the applicant's commitments for training.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.19, eff. September 1, 2005.



Section 1601.353.  Required Facilities And Equipment.

(a) The department may not approve an application for a permit for a barber school that provides training leading to issuance of a Class A barber certificate unless the school has:

(1)  a building of permanent construction containing at least 2,800 square feet of floor space, divided into at least:

(A)  a senior department;

(B)  a junior department;

(C)  a class theory room;

(D)  a supply room;

(E)  an office space; and

(F)  separate restrooms for male and female students;

(2)  a hard-surface floor-covering of tile or other suitable material;

(3)  at least 20 modern barber chairs, including a cabinet and mirror for each chair;

(4)  a sink behind every two barber chairs;

(5)  a liquid sterilizer for each barber chair;

(6)  an adequate number of latherers, vibrators, and hair dryers for student use;

(7)  adequate lighting for each room;

(8)  at least 20 classroom chairs, a blackboard, anatomical charts of the head, neck, and face, and one barber chair in the class theory room;

(9)  at least one medical dictionary and a standard work on human anatomy;

(10)  adequate drinking fountain facilities, with at least one for each floor; and

(11)  at least one fire extinguisher.

(b)  An applicant for a barber school permit must submit to the department:

(1)  a detailed drawing and chart of the proposed physical layout of the school, showing the departments, floor space, equipment, lights, and outlets;

(2)  photographs of the proposed site for the school, including the interior and exterior of the building, rooms, and departments;

(3)  a detailed copy of the training program;

(4)  a copy of the catalogue and promotional literature of the school;

(5)  a copy of the building lease or proposed building lease if the building is not owned by the school;

(6)  a sworn statement showing the ownership of the school; and

(7)  the required permit fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.20, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 6, eff. June 15, 2007.



Section 1601.354.  Prerequisites For Graduation.

(a) The department may not approve an application for a barber school permit unless the school requires as a prerequisite for graduation the following hours of instruction:

(1)  for a barber technician, 300 hours of instruction completed in a course of not less than eight weeks;

(2)  for a Class A barber, 1,500 hours of instruction completed in a course of not less than nine months, at least 800 hours of which is in the actual practice of cutting hair as a primary service;

(3)  for a manicurist, 600 hours of instruction completed in a course of not less than 16 weeks; and

(4)  for a teacher, 1,000 hours of instruction completed in a course of not less than six months.

(b)  If a barber school offers a refresher course, the course must require at least 300 hours of instruction.  The commission by rule shall set the curriculum for a refresher course.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 9, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.21, eff. September 1, 2005.



Section 1601.355.  Supervision And Teaching Requirements.

(a) The department may not approve an application for a permit for a barber school that provides training leading to issuance of a Class A barber certificate unless the school is under the direct supervision and control of a Class A barber certificate holder who presents evidence of at least five years' experience as a practicing barber.

(b)  Each barber school for which a permit is sought must have at least one teacher who has a teacher's certificate and is capable and qualified to teach to the students the required curriculum of the school.  In addition to satisfying other department requirements, the teacher must demonstrate to the department:

(1)  through a written and practical examination an ability to teach the curriculum; and

(2)  that the teacher is qualified to teach and:

(A)  has had at least six months' experience as a teacher in an approved school in this state or in another state approved by the department; or

(B)  has completed 1,000 hours of instruction in a postgraduate course as a student teacher in a department-approved barber school in this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.22, eff. September 1, 2005.



Section  1601.3571.  Barber School Tuition Protection Account.

(a) If on January 1 of any year the amount in the barber school tuition protection account is less than $25,000, the department shall collect a fee from each barber school during that year by applying a percentage to the school's renewal fee at a rate that will bring the balance of the account to $25,000.

(b)  The comptroller shall invest the account in the same manner as other state funds.  Sufficient money from the account shall be appropriated to the department for the purpose of refunding unused tuition if a barber school ceases operation before its course of instruction is complete.  The department shall administer claims made against the account.

(c)  Attorney's fees, court costs, or damages may not be paid from the account.

(d)  The barber school tuition protection account is created as a trust fund with the comptroller, who is custodian of the fund.

Added by Acts 2001, 77th Leg., ch. 246, Sec. 10, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.23, eff. September 1, 2005.



Subchapter I. Certificate, License, And Permit Renewal

Section  1601.402.  Renewal Of Certificate Or License.

(a) A certificate or license expires two years from the date of issuance.

(b)  A Class A barber, barber technician, teacher, manicurist, or other licensed specialist must renew the person's certificate or license on or before the expiration date.

(c)  The department shall issue a renewal certificate or license on receipt of a renewal application in the form prescribed by the department, accompanied by a renewal fee in an amount equal to the original certificate or license fee.

(d)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 11, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.24, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section 1601.404.  Reinstatement Of Expired Certificate Or License By Retiree. (a

) Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(b)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(c)  A Class A barber or license holder who retires from practice and whose certificate or license has been expired for more than five years may qualify for a new certificate or license by applying to the department and by:

(1)  making a proper showing to the department, supported by a personal affidavit;

(2)  paying the required examination fee;

(3)  passing a satisfactory examination conducted by the department; and

(4)  paying the fee for an original certificate or license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.25, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 2.26, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section 1601.405.  Renewal While In Armed Forces.

(a) The department may not require a Class A barber, barber technician, teacher, or manicurist who is serving on active duty in the United States armed forces to renew the person's certificate or license.

(b)  The department shall issue a renewal certificate or license on application and payment of the required renewal fee not later than the 90th day after the date the person is released or discharged from active duty in the armed forces.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 12, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.27, eff. September 1, 2005.



Section 1601.406.  Renewal Of Barbershop Or Specialty Shop Permit.

(a) A barbershop permit or specialty shop permit expires on the second anniversary of the date of issuance.

(b)  A barbershop permit holder may renew the permit by paying the required renewal fee.

(c)  A specialty shop permit holder may renew the permit by submitting to the department a renewal application accompanied by the required renewal fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.28, eff. September 1, 2005.



Section 1601.407.  Renewal Of Barber School Permit.

(a) A barber school permit expires on the first anniversary of the date of issuance.

(b)  A barber school may renew its permit by paying the required renewal fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.29, eff. September 1, 2005.



Subchapter J. Practice By Individual Certificate Or License Holder

Section  1601.451.  Display Of Certificate Or License.

A certificate or license holder shall display the original certificate or license and an attached photograph of the certificate or license holder in a conspicuous place adjacent to or near the certificate or license holder's work chair in the shop in which the certificate or license holder is working.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.452.  Display Of Sanitation Rules.

Each barbershop or specialty shop shall post in the shop a copy of the commission's sanitation rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 13, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.30, eff. September 1, 2005.



Section 1601.453.  Location Of Practice.

A person licensed by the department may practice barbering only at a location for which the department has issued a barbershop permit, specialty shop permit, or barber school permit under this chapter or a permit issued under Chapter 1603.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.31, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 7, eff. June 15, 2007.



Section 1601.454.  Practice At Facility Licensed Or Permitted As Barber And Cosmetologist Facility.

(a) The commission may not adopt rules to restrict or prohibit practice by a Class A barber or manicurist in a facility solely because the facility is licensed or permitted by the department under both this chapter and Chapter 1602.

(b)  If a facility has a license or permit under both this chapter and Chapter 1602, the commission may not adopt rules requiring separate treatment of the barbers and cosmetologists practicing in the facility or of their customers, including separate:

(1)  work areas for barbers and cosmetologists;

(2)  waiting areas for customers of the barbers and cosmetologists; or

(3)  restrooms for the barbers and cosmetologists practicing in the facility or for their customers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 14, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.32, eff. September 1, 2005.



Subchapter K. Operation Of Barbershop And Specialty Shop

Section 1601.501.  Display Of Shop Permit.

A barbershop or specialty shop permit holder must display the permit in a conspicuous place in the shop for which the permit is issued.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.33, eff. September 1, 2005.



Section  1601.504.  Necessary Equipment.

The owner, operator, or manager of a barbershop or specialty shop shall equip the shop with the facilities, supplies, and appliances, furnishings, or materials necessary to enable a person employed on the premises to comply with this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.505.  Employee With Disease.

(a) An owner, operator, or manager of a barbershop or specialty shop may not knowingly permit a person with a communicable skin disease or a venereal disease to act as a barber or employee or work in the shop.

(b)  A person who knows the person has a communicable disease or a venereal disease may not act as a barber or work in a barbershop or specialty shop.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.507.  Use Of Shop As Sleeping Quarters.

(a) An owner or manager of a barbershop or specialty shop may not permit a person to sleep in a room used as part of the shop.

(b)  A person may not act as a barber or be employed in a barbershop or specialty shop in a room used as sleeping quarters.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter L. Operation Of Barber School

Section  1601.551.  Display Of Permit.

A barber school shall prominently display the barber school's permit at all times.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.552.  Display Of Sanitation Rules.

Each barber school shall post in the school a copy of the commission's sanitation rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 15, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.34, eff. September 1, 2005.



Section  1601.553.  Sign Required.

(a) A barber school shall place a sign on the front outside portion of its building in a prominent place that reads in at least 10-inch block letters: "BARBER SCHOOL--STUDENT BARBERS."

(b)  The school shall prominently display printed signs containing the information required by Subsection (a) on each inside wall of the school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.554.  Change Of Barber School Ownership Or Location.

(a) If a barber school changes ownership, the department must be notified of the change not later than the 10th day before the date the change takes effect.

(b)  A barber school may not change the location of the school unless the school obtains approval from the department before the change by showing that the proposed location meets the requirements of Subchapter H for issuance of a permit to the school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.35, eff. September 1, 2005.



Section  1601.555.  Compliance With Certain Requirements. A Barber Sch

ool is subject to the requirements of Sections 1601.504-1601.507.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.556.  Information Provided To Prospective Student.

The holder of a barber school permit shall furnish each prospective student with:

(1)  a course outline;

(2)  a schedule of the tuition and other fees assessed;

(3)  the school's refund policy required under Section 1601.563;

(4)  the school's grading policy and rules relating to incomplete grades;

(5)  the school's rules of operation and conduct, including rules relating to absences;

(6)  the department's name, mailing address, and telephone number for the purpose of directing complaints to the department; and

(7)  the current rates of job placement and employment of students who complete a course of training.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.36, eff. September 1, 2005.



Section 1601.557.  Course Length And Curriculum Content.

(a) A barber school shall submit to the department for approval the course length and curriculum content for a course offered by the school.  The course length and curriculum content shall be designed to reasonably ensure that a student develops the job skills and knowledge necessary for employment.  The school may not implement a course length or curriculum content unless it is approved by the department.

(b)  Before issuing or renewing a permit under this chapter, the department shall require a school to account for all course lengths and curriculum contents.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.37, eff. September 1, 2005.



Section  1601.558.  Required Courses.

(a) A barber school shall instruct students in the theory and practice of subjects necessary and beneficial to the practice of barbering, including:

(1)  the laws governing the practice of barbering in this state;

(2)  scientific fundamentals of barbering;

(3)  hygienic bacteriology;

(4)  histology of the hair, skin, muscles, and nerves;

(5)  the structure of the head, neck, and face;

(6)  elementary chemistry relating to sterilization and antiseptics;

(7)  common disorders of the skin and hair;

(8)  massaging of muscles of the scalp, face, and neck;

(9)  haircutting;

(10)  shaving, shampooing, bleaching, and dyeing of hair;

(11)  administration of facial treatments, hair weaving, and servicing of wigs; and

(12)  any other barbering services.

(b)  At least five hours each week shall be devoted in the classroom to the instruction of theory. If classes are conducted:

(1)  five days a week, one hour each day shall be devoted to instruction in theory; and

(2)  four days a week, one hour and 15 minutes each day shall be devoted to instruction in theory.

(c)  Saturdays shall be devoted exclusively to practical work over the chair.

(d)  A barber school may not increase, decrease, or withhold for any reason the number of credit hours earned by a student.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 246, Sec. 16, eff. Sept. 1, 2001.



Section  1601.559.  Daily Attendance Reports.

(a) A barber school shall maintain an attendance book showing a record of the students' daily attendance.

(b)  The department may inspect a school's attendance record book at any time.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.38, eff. September 1, 2005.



Section  1601.560.  Qualified Instructor.

(a) In addition to the teacher required by Section 1601.355(b), a barber school that provides training leading to issuance of a Class A barber certificate shall have at least one qualified instructor, holding a Class A certificate, for every 25 students on the school's premises.  A teacher may serve as an instructor in practical work in addition to holding a position as a theory teacher.

(b)  A barber school may not enroll more than one student teacher for each certified teacher who teaches at the school. A student teacher shall concentrate on developing teaching skills and may not be booked with customers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.39, eff. September 1, 2005.



Section 1601.561.  Reports To Department.

(a) A barber school shall maintain a monthly progress report regarding each student attending the school.  The report must certify the daily attendance record of each student and the number of credit hours earned by each student during the previous month.

(b)  On a student's completion of a prescribed course of instruction, the school shall notify the department that the student has completed the required number of hours and is eligible to take the appropriate examination.

(c)  A barber school permit holder shall furnish to the department:

(1)  the current course completion rates of students who attend a course of instruction offered by the school; and

(2)  job placement rates and employment rates of students who complete a course of instruction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.40, eff. September 1, 2005.



Section  1601.562.  Cancellation And Settlement Policy.

A barber school permit holder shall maintain a cancellation and settlement policy that provides a full refund of all money paid by a student if the student:

(1)  cancels the enrollment agreement not later than midnight of the third day after the date the agreement is signed by the student, excluding Saturdays, Sundays, and legal holidays; or

(2)  entered into the enrollment agreement because of a misrepresentation made:

(A)  in the school's advertising or promotional materials; or

(B)  by an owner or representative of the school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.563.  Refund Policy. (a)

A barber school permit holder shall maintain a refund policy to provide for the refund of the unused part of tuition, fees, and other charges paid by a student who, after the expiration of the cancellation period established under Section 1601.562:

(1)  fails to begin the course of training;

(2)  withdraws from the course of training; or

(3)  is terminated from the course of training before completion of the course.

(b)  A barber school's refund policy must provide that:

(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in clock hours;

(2)  the effective date of the termination for refund purposes is the earliest of:

(A)  the last date of attendance, if the student is terminated by the school;

(B)  the date the permit holder receives the student's written notice of withdrawal; or

(C)  10 school days after the last date of attendance; and

(3)  the school may retain not more than $100 if:

(A)  tuition is collected before the course of training begins; and

(B)  the student does not begin the course of training before the date the cancellation period under Section 1601.562 expires.

(c)  A barber school permit holder shall publish in the catalogue and enrollment agreement of the school a description of the refund policy.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.564.  Withdrawal Or Termination Of Student.

(a) If a student who begins a course of training scheduled to last not more than 12 months withdraws from the course or is terminated from the course by the barber school, the school:

(1)  may retain $100 in tuition and fees paid by the student; and

(2)  is not obligated to refund any additional outstanding tuition if the student withdraws or is terminated during the last 50 percent of the course.

(b)  If the student withdraws or is terminated before the last 50 percent of the course begins, the school shall refund:

(1)  90 percent of any outstanding tuition for a withdrawal or termination that occurs during the first week or first one-tenth of the course, whichever period is shorter;

(2)  80 percent of any outstanding tuition for a withdrawal or termination that occurs after the first week or first one-tenth of the course, whichever period is shorter;

(3)  75 percent of any outstanding tuition for a withdrawal or termination that occurs after the first three weeks of the course but not later than the completion of the first 25 percent of the course; and

(4)  50 percent of any outstanding tuition for a withdrawal or termination that occurs not later than the completion of the first 50 percent of the course.

(c)  If a student withdraws or is terminated after 50 percent of the course has been completed, the school shall allow the student to reenter the school at any time before the fourth anniversary of the date of withdrawal or termination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.565.  Effect Of Student Withdrawal.

(a) A barber school shall record a grade of incomplete for a student who withdraws from a course of training but who is not entitled to a refund under Section 1601.564 if:

(1)  the student requests the grade at the time of withdrawal; and

(2)  the withdrawal is for an appropriate reason unrelated to the student's academic status.

(b)  A student who receives a grade of incomplete may reenroll in the course of training before the fourth anniversary of the date the student withdraws and may complete the subjects without paying additional tuition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1601.566.  Payment Of Refund.

(a) A barber school shall pay a refund owed under this subchapter not later than the 30th day after the date the student becomes eligible for the refund.

(b)  A school that fails to pay the refund within the period required by this section shall pay interest on the amount of the refund for the period beginning on the 31st day after the date the student becomes eligible for the refund and ending on the day preceding the date the refund is made. The commissioner of education shall annually set the interest rate at a rate sufficient to deter a school from retaining money paid by a student.

(c)  If a school refunds tuition to a lending institution, the interest is paid to the institution and applied against the student's loan.

(d)  The department may exempt a school from the payment of interest if the school makes a good faith effort to refund the tuition but is unable to locate the student.  The school shall provide to the department on request documentation of the school's effort to locate the student.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.41, eff. September 1, 2005.



Subchapter M. Denial And Disciplinary Proceedings

Section  1601.602.  Revocation Of Student Teacher's Barber Certificate.

A violation of Section 1601.560(b) by a student teacher is a ground for the revocation of the person's student teacher barber license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1601.603.  Denial Of Permit; Suit.

(a) If the department denies an application for a barber school permit, the school may request in writing the reasons for the refusal.

(b)  If the barber school meets the requirements for issuance of the permit and shows that the requirements of this chapter have been met, and the department refuses to issue the permit, the school may file suit in a district court in Travis County to require the department to issue the permit.

(c)  A suit under Subsection (b) must be filed not later than the 20th day after the date of the department's final order denying issuance of the permit, if registered notice of the order is mailed or it is otherwise shown that the school had notice of the order not later than the 10th day after the date the department entered the order.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.42, eff. September 1, 2005.



Section  1601.604.  Suspension Or Revocation Of Barber School Permit.

(a) The commission shall suspend or revoke the permit of a barber school that directly or indirectly violates this chapter.

(b)  A proceeding under this section is subject to Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.43, eff. September 1, 2005.



Section 1601.605.  Probation For Altering Course Length.

The commission shall place on probation a barber school that alters a course length below or above industry standards until the school:

(1)  provides justification for the alteration; or

(2)  adjusts the course length to meet industry standards.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.44, eff. September 1, 2005.



Section  1601.606.  Peer Review.

(a) If the department has reasonable cause to believe that a barber school has violated this chapter or a rule adopted under this chapter, the department may:

(1)  order a peer review of the school; or

(2)  suspend the admission of students to the school.

(b)  The peer review shall be conducted by a peer review team consisting of knowledgeable persons selected by the department.  The department shall attempt to provide a balance on a peer review team between members assigned to the team who are from this state and members who are from other states.

(c)  The peer review team shall provide the department with an objective assessment of the school's curriculum content and its application.

(d)  A barber school under peer review shall pay the costs of the peer review.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.45, eff. September 1, 2005.



Section  1601.607.  Administrative Procedure.

A hearing or an appeal from a hearing under this subchapter is subject to Chapter 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter N. Penalties And Enforcement Provisions

Section  1601.653.  Inspectors; Sale Of Supplies Or Engaging In Other Business.

(a) A person commits an offense if the person is a barber inspector or other department employee and the person sells barber supplies or engages in a business, other than barbering, that deals directly with a barber, barbershop, specialty shop, or barber school.

(b)  A violation of this section is a misdemeanor punishable by:

(1)  a fine of not more than $5,000;

(2)  confinement in a county jail for not more than two years; or

(3)  both the fine and confinement.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 2.46, eff. September 1, 2005.

Chapter 1602. Cosmetologists

Subchapter A. General Provisions

Section 1602.001.  General Definitions.

In this chapter:

(1)  "Board" means the Advisory Board on Cosmetology.

(2)  "Commission" means the Texas Commission of Licensing and Regulation.

(3)  "Department" means the Texas Department of Licensing and Regulation.

(4)  "Executive director" means the executive director of the department.

(5)  "Public school" includes a public high school, a public junior college, or any other nonprofit tax-exempt institution that conducts a cosmetology program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.01, eff. September 1, 2005.



Section 1602.002.  Definition Of Cosmetology.

(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; 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)  weaving or braiding a person's hair;

(3)  shampooing and conditioning a person's hair;

(4)  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);

(5)  treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, or trimming;

(6)  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;

(7)  beautifying a person's face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;

(8)  administering facial treatments;

(9)  removing superfluous hair from a person's body using depilatories or mechanical tweezers;

(10)  treating a person's nails by:

(A)  cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring; or

(B)  attaching false nails; or

(11)  massaging, cleansing, treating, or beautifying a person's hands or feet.

(b)  The commission by rule may amend the definition of cosmetology to eliminate a service included in that definition under Subsection (a).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 154, Sec. 1, eff. May 18, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.02, eff. September 1, 2005.



Section  1602.003.  Application Of Chapter.

(a) In this section, "fashion photography studio" means a permanent establishment that charges a fee exclusively for a photographic sitting.

(b)  This chapter does not apply to a person who:

(1)  provides a service in an emergency;

(2)  is licensed in this state to practice medicine, dentistry, podiatry, chiropractic, or nursing and is operating within the scope of the person's license;

(3)  is in the business of or receives compensation for makeup applications only;

(4)  acts as a barber under Chapter 1601, if the person does not hold the person out as a cosmetologist;

(5)  provides a cosmetic service as a volunteer or an employee performing regular duties at a licensed nursing or convalescent custodial or personal care home to a patient residing in the home;

(6)  owns, operates, or manages a licensed nursing or convalescent custodial or personal care home that allows a person with an operator license to perform cosmetic services for patients residing in the home on an occasional but not daily basis; or

(7)  provides an incidental cosmetic service, or owns, operates, or manages the location where that service is provided, if the primary purpose of the service is to enable or assist the recipient of the service to participate as the subject of:

(A)  a photographic sitting at a fashion photography studio;

(B)  a television appearance; or

(C)  the filming of a motion picture.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter B. Advisory Board On Cosmetology

Section 1602.051.  Board; Membership.

(a) The Advisory Board on Cosmetology consists of seven members appointed by the presiding officer of the commission, with the commission's approval, as follows:

(1)  one member who holds a license for a beauty shop that is part of a chain of beauty shops;

(2)  one member who holds a license for a beauty shop that is not part of a chain of beauty shops;

(3)  one member who holds a private beauty culture school license;

(4)  two members who each hold an operator license;

(5)  one member who represents a licensed public secondary or postsecondary beauty culture school; and

(6)  one public member.

(b)  The associate commissioner for occupational education and technology of the Texas Education Agency or the associate commissioner's authorized representative shall serve as an ex officio member of the commission without voting privileges.

(c)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.04, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 3.05, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 253, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 457, Sec. 4, eff. September 1, 2009.



Section  1602.055.  Terms; Vacancy.

(a) Members of the board serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year.

(b)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(c)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.06, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section  1602.058.  Presiding Officer.

The presiding officer of the commission, with the commission's approval, shall designate one member of the commission as presiding officer to serve in that capacity for a two-year term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.07, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 3.08, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section 1602.060.  Board Duties.

(a) The board shall advise the commission and the department on:

(1)  education and curricula for applicants;

(2)  the content of examinations;

(3)  proposed rules and standards on technical issues related to cosmetology; and

(4)  other issues affecting cosmetology.

(b)  The board shall respond to questions from the department and the commission regarding cosmetology.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 3.09, eff. September 1, 2005.



Subchapter D. Additional Powers And Duties Related To Cosmetology

Section  1602.153.  Subpoena.

(a) The department may request and, if necessary, compel by subpoena:

(1)  the attendance of a witness for examination under oath; and

(2)  the production for inspection and copying of records and other evidence relevant to the investigation of an alleged violation of this chapter.

(b)  If a person fails to comply with a subpoena issued under this section, the department, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the department may be held.

(c)  The court shall order a person to comply with the subpoena if the court determines that good cause exists for issuing the subpoena.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.11, eff. September 1, 2005.



Subchapter F. License And Certificate Requirements For Individuals

Section  1602.251.  License Or Certificate Required.

(a) A person may not perform or attempt to perform a practice of cosmetology unless the person holds a license or certificate to perform that practice.

(b)  A person may not teach cosmetology unless the person:

(1)  holds an instructor license issued in this state; and

(2)  performs the instruction in a private beauty culture school or a vocational cosmetology program in a public school.

(c)  A person licensed by the department may practice cosmetology only at a facility operated by a person holding a beauty shop license, private beauty culture school license, or other license issued by the department.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.12, eff. September 1, 2005.



Section  1602.254.  Eligibility For An Operator License.

(a) A person holding an operator license may perform any practice of cosmetology.

(b)  To be eligible for an operator license, an applicant must:

(1)  be at least 17 years of age;

(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and

(3)  have completed:

(A)  1,500 hours of instruction in a licensed beauty culture school; or

(B)  1,000 hours of instruction in beauty culture courses and 500 hours of related high school courses prescribed by the commission in a vocational cosmetology program in a public school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 1, eff. Sept. 1, 2003.



Section  1602.255.  Eligibility For An Instructor License.

(a) A person holding an instructor license may perform any practice of cosmetology and may instruct a person in any practice of cosmetology.

(b)  To be eligible for an instructor license, an applicant must:

(1)  be at least 18 years of age;

(2)  have completed the 12th grade or its equivalent;

(3)  hold an operator license; and

(4)  have completed:

(A)  a course consisting of 750 hours of instruction in cosmetology courses and methods of teaching in:

(i)  a licensed private beauty culture school; or

(ii)  a vocational training program of a publicly financed postsecondary institution; or

(B)  at least:

(i)  two years of verifiable experience as a licensed operator; and

(ii)  250 hours of instruction in cosmetology in a commission-approved training program.

(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(7), (9), and (10).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1602.256.  Eligibility For A Manicurist Specialty License.

(a) A person holding a manicurist specialty license may perform only the practice of cosmetology defined in Section 1602.002(a)(10) or (11).

(b)  To be eligible for a manicurist specialty license, an applicant must:

(1)  be at least 17 years of age;

(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and

(3)  have completed 600 hours of instruction in manicuring through a commission-approved training program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 8, eff. June 15, 2007.



Section  1602.257.  Eligibility For A Facialist Specialty License.

(a) A person holding a facialist specialty license may perform only the practice of cosmetology defined in Sections 1602.002(a)(6) through (9).

(b)  To be eligible for a facialist specialty license, an applicant must:

(1)  be at least 17 years of age;

(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and

(3)  have completed 750 hours of instruction in facialist specialty through a commission-approved training program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 3, eff. Sept. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 9, eff. June 15, 2007.



Section 1602.258.  Eligibility For A Specialty Certificate.

(a) A person holding a specialty certificate may perform only the practice of cosmetology defined in Sections 1602.002(a)(2) through (4).

(b)  To be eligible for a specialty certificate, an applicant must:

(1)  be at least 17 years of age; and

(2)   have the necessary requisites as determined by the department in the particular specialty for which certification is sought, including training through a commission-approved training program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.13, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 10, eff. June 15, 2007.



Section  1602.262.  Issuance Of License Or Certificate.

(a) An applicant for an operator license, instructor license, manicurist specialty license, or facialist specialty license is entitled to the license if the applicant:

(1)  meets the applicable eligibility requirements;

(2)  passes the applicable examination;

(3)  pays the required fee; and

(4)  has not committed an act that constitutes a ground for denial of the license.

(b)  An applicant for a specialty certificate is entitled to the certificate if the applicant:

(1)  meets the eligibility requirements;

(2)  pays the required fee; and

(3)  has not committed an act that constitutes a ground for denial of the certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 11, eff. June 15, 2007.



Section  1602.266.  Student Permit.

(a) The department shall require a student enrolled in a school of cosmetology in this state to hold a permit stating the student's name and the name of the school.  The permit shall be displayed in a reasonable manner at the school.

(b)  The department shall issue a student permit to an applicant who submits an application to the department for a student permit accompanied by the required fee.

(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 21, eff. June 15, 2007.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.14, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 21, eff. June 15, 2007.



Section  1602.267.  Shampoo Apprentice Permit. (a) A

person holding a shampoo apprentice permit may perform only the practice of cosmetology defined by Section 1602.002(3).

(b)  The department shall issue a shampoo apprentice permit to an applicant who  is at least 16 years of age.

(c)  A shampoo apprentice permit expires on the first anniversary of the date of issuance and may not be renewed.

(d)  The commission shall adopt rules as necessary to administer this section. The commission may not require an applicant to:

(1)  complete any hours of instruction at a cosmetology training program as a prerequisite for the issuance of a shampoo apprentice permit; or

(2)  pay a fee for a shampoo apprentice permit.

(e)  A facility licensed under this chapter may employ a person who holds a shampoo apprentice permit to perform shampooing or conditioning services and shall pay the person at least the federal minimum wage as provided by Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).

Added by Acts 2003, 78th Leg., ch. 1282, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.15, eff. September 1, 2005.



Subchapter G. Licensing Of Facilities

Section  1602.301.  Facility License Required.

(a) A person may not operate a beauty shop, beauty culture school, specialty shop, or other place of business in which cosmetology is taught or practiced unless the person holds a license to operate that place of business.

(b)  A person may not operate a vocational cosmetology program in a public school or lease space on the premises of a beauty shop to engage in the practice of cosmetology as an independent contractor unless the person holds a license issued under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.302.  Beauty Shop License.

(a) A person holding a beauty shop license may maintain an establishment in which any practice of cosmetology is performed.

(b)  An application for a beauty shop license must be accompanied by the required inspection fee and:

(1)  be on a form prescribed by the department;

(2)  contain proof of the particular requisites for a beauty shop established by the commission; and

(3)  be verified by the applicant.

(c)  The applicant is entitled to a beauty shop license if:

(1)  the application complies with commission rules;

(2)  the applicant pays the required license fee; and

(3)  the applicant has not committed an act that constitutes a ground for denial of a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.16, eff. September 1, 2005.



Section  1602.303.  Private Beauty Culture School License.

(a) A person holding a private beauty culture school license may maintain an establishment in which any practice of cosmetology is taught.

(b)  An application for a private beauty culture school license must be accompanied by the required license fee and inspection fee and:

(1)  be on a form prescribed by the department;

(2)  be verified by the applicant; and

(3)   contain a statement that the building:

(A)   is of permanent construction and is divided into at least two separate areas:

(i)  one area for instruction in theory; and

(ii)  one area for clinic work;

(B)  contains a minimum of 3,500 square feet of floor space;

(C)  has separate restrooms for male and female students; and

(D)  contains, or will contain before classes begin, the equipment established by commission rule as sufficient to properly instruct a minimum of 50 students.

(c)  The applicant is entitled to a private beauty culture school license if:

(1)  the department determines that the applicant is financially sound and capable of fulfilling the school's commitments for training;

(2)  the applicant's facilities pass an inspection conducted by the department under Section 1603.103; and

(3)  the applicant has not committed an act that constitutes a ground for denial of a license.

(d)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.17, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 12, eff. June 15, 2007.



Section  1602.304.  Public Secondary Or Postsecondary Beauty Culture School Certificate.

(a) Each application for a license as a public secondary or public post secondary beauty culture school must be accompanied by the required license fee.

(b)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 6, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section  1602.305.  Specialty Shop License.

(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(2), (4), (7), (9), or (10) is performed.

(b)  An application for a specialty shop license must be accompanied by the required inspection fee and:

(1)  be on a form prescribed by the department;

(2)  contain proof of the particular requisites for a specialty shop as established by the commission; and

(3)  be verified by the applicant.

(c)  The applicant is entitled to a specialty shop license if:

(1)  the application complies with commission rules;

(2)  the applicant pays the required license fee; and

(3)  the applicant has not committed an act that constitutes a ground for denial of a license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.18, eff. September 1, 2005.



Section  1602.306.  Booth Rental License.

(a) A person licensed or certified under this chapter may not lease space on the premises of a beauty shop to engage in the practice of cosmetology as an independent contractor unless the person also holds a booth rental license issued under this section.

(b)  An application for a booth rental license must:

(1)  be on a form prescribed by the department;

(2)  contain information as required by commission rule; and

(3)  be verified by the applicant.

(c)  The applicant is entitled to a booth rental license if the applicant:

(1)  pays the application fee set by the commission in an amount reasonable and necessary to cover the costs of administering the booth rental licensing program;

(2)  complies with commission rules; and

(3)  has not committed an act that constitutes a ground for denial of a license or certificate.

(d)  The commission shall adopt rules relating to the information submitted for a booth rental license, including information regarding the applicant's compliance with state and federal tax laws.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.19, eff. September 1, 2005.



Subchapter H. License Renewal

Section  1602.351.  Renewal Of License Or Certificate Required.

(a) Except as provided by Subsections (b) and (c), a license or certificate issued under this chapter expires on the second anniversary of the date the license or certificate is issued.

(b)  A temporary license expires on the 60th day after the date the license is issued. A temporary license may not be renewed.

(c)  A private beauty culture school license or a public secondary or postsecondary beauty culture school license expires on the anniversary of the date the license is issued.

(d)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 7, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Section 1602.352. Requirement For First Renewal Of License.

(a) A person applying to renew a license for the first time must:

(1)  hold a high school diploma;

(2)  hold the equivalent of a high school diploma; or

(3)  have passed an examination that measures the person's ability to benefit from training.

(b)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(c)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(d)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(e)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

(f)  Repealed by Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.20, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798, Sec. 5.01(3), eff. September 1, 2005.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 1311, Sec. 1

For text of section as added by Acts 2005, 79th Leg., Ch. 798, Sec. 3.21, see other Sec. 1602.353.

Section 1602.353.  Inactive Status.

(a) The holder of a certificate or license issued under this chapter may place the holder's certificate or license on inactive status by:

(1)  applying to the commission on a form prescribed by the commission not later than the 10th day before the date the certificate or license expires; and

(2)  paying the required fee.

(b)  The holder of a certificate or license that has been placed on inactive status under this section is not required to comply with continuing education requirements under this chapter.

(c)  To maintain inactive status, the holder of a certificate or license must reapply for inactive status on or before the second anniversary of the date the status is granted by submitting the required form accompanied by the required renewal fee.

(d)  The holder of a certificate or license to practice cosmetology that has been placed on inactive status under this section may not perform or attempt to perform the practice of cosmetology.

(e)  The holder of an instructor's license that has been placed on inactive status may not teach or attempt to teach cosmetology at a private beauty culture school or in a vocational cosmetology program in a public school.

(f)  The holder of a license to operate a vocational cosmetology program in a public school, or a beauty shop, beauty culture school, specialty shop, or other place of business in which cosmetology is taught or practiced under this chapter, may not employ a person to perform the practice of cosmetology or to teach as an instructor if the person's certificate or license has been placed on inactive status.

(g)  A person whose certificate or license is on inactive status under this section may return the person's certificate or license to active status by:

(1)  applying to the commission for reinstatement of the certificate or license on the form prescribed by the commission;

(2)  submitting written documentation that the person has completed applicable continuing education requirements under this chapter within the preceding two years; and

(3)  paying the required certificate or license fee.

Added by Acts 2005, 79th Leg., Ch. 1311, Sec. 1, eff. September 1, 2005.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 798, Sec. 3.21

For text of section as added by Acts 2005, 79th Leg., Ch. 1311, Sec. 1, see other Sec. 1602.353.

Section 1602.353.  Inactive Status.

(a) Not later than the 10th day before the expiration date of a certificate or license issued under this chapter, the certificate or license holder may place the certificate or license on inactive status by:

(1)  submitting an application for inactive status to the department on a form prescribed by the department; and

(2)  paying the required fee.

(b)  Except as provided by Subsection (e), a person whose certificate or license is on inactive status is not required to complete continuing education required under this chapter.

(c)  A person whose certificate or license is on inactive status may reapply for inactive status before the expiration date of the certificate or license.  The person must pay the required fee.

(d)  A license holder may not employ a person on inactive status.

(e)  A person on inactive status may return the certificate or license to active status by:

(1)  applying to the department for active status on a form prescribed by the department;

(2)  paying the required fee; and

(3)  providing evidence satisfactory to the department that the person has completed the number of hours of continuing education that would otherwise have been required for a renewal of an active license for the preceding two-year license period.

(f)  The commission may set fees and adopt rules to implement this section.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 3.21, eff. January 1, 2006.



Section 1602.354.  Continuing Education.

(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.

(b)  The commission may only require a license holder to complete continuing education of not more than four hours in health and safety courses if the license holder:

(1)  is at least 65 years of age; and

(2)  has held a cosmetology license for at least 15 years.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 750, Sec. 8, eff. Sept. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 13, eff. June 15, 2007.



Subchapter I. Practice By License Holder

Section  1602.401.  Display Of Certificate Or License.

A person holding a license or certificate issued under this chapter shall display the license or certificate in the person's place of business or employment.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.402.  License Or Certificate Not Transferable.

A license or certificate issued under this chapter is not transferable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.403.  Employment Of License Or Certificate Holder.

(a) A private beauty culture school may not employ:

(1)  a person holding an operator license, manicurist specialty license, or specialty certificate solely to perform the practices of cosmetology for which the person is licensed or certified; or

(2)  a person holding an instructor license to perform any act or practice of cosmetology.

(b)  A license holder may not:

(1)  operate a beauty shop unless the shop is at all times under the direct supervision of a holder of an operator license or instructor license; or

(2)  operate a specialty shop unless the shop is at all times under the direct supervision of a holder of an operator license, instructor license, or specialty certificate.

(c)  A person holding a beauty shop license or specialty shop license may not employ 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 14, eff. June 15, 2007.



Section  1602.404.  Operating Certain Shops Or Schools On Single Premises.

A person may not operate a beauty shop, specialty shop, or private beauty culture school on the same premises as another one of those facilities unless the facilities are separated by walls of permanent construction without an opening between the facilities.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section 1602.405.  Practice At Facility Licensed Or Permitted As Barber And Cosmetologist Facility.

(a) The commission may not adopt rules to restrict or prohibit practice by a cosmetologist in a facility solely because the facility is licensed or permitted by the department under both this chapter and Chapter 1601.

(b)  If a facility has a license or permit under both this chapter and Chapter 1601, the commission may not adopt rules requiring separate treatment of the barbers and cosmetologists practicing in the facility or of their customers, including separate:

(1)  work areas for barbers and cosmetologists;

(2)  waiting areas for customers of the barbers and cosmetologists; or

(3)  restrooms for the barbers and cosmetologists practicing in the facility or for their customers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.22, eff. September 1, 2005.



Section  1602.406.  Infectious And Contagious Diseases. (a)

A person holding an operator license, instructor license, or specialty certificate may not perform any practice of cosmetology if the person knows the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

(b)  A person holding a beauty shop license, specialty shop license, private beauty culture school license, or license to operate a vocational cosmetology program in a public school may not employ a person to perform any practice of cosmetology if the license holder knows that the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the Americans with Disabilities Act of 1990.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Subchapter J. Operation Of Beauty Culture School

Section  1602.451.  Duties Of License Holder.

(a) The holder of a private beauty culture school license shall:

(1)  maintain a sanitary establishment;

(2)  maintain on its staff and on duty during business hours one full-time licensed instructor for each 25 students in attendance;

(3)  maintain a daily record of students' attendance;

(4)  establish regular class and instruction hours and grades;

(5)  require a school term of not less than nine months and not less than 1,500 hours instruction for a complete course in cosmetology;

(6)  require a school term of not less than 600 hours instruction for a complete course in manicuring;

(7)  hold examinations before issuing diplomas;

(8)  maintain a copy of the school's curriculum in a conspicuous place and verify that the curriculum is being followed;

(9)  publish in the school's catalogue and enrollment contract a description of the refund policy required under Section 1602.458; and

(10)   provide the department with information on:

(A)  the current course completion rates of students who attend a course of instruction offered by the school; and

(B)  job placement rates and employment rates of students who complete the course of instruction.

(b)  The holder of a private beauty culture school license may not require a student to work, be instructed, or earn credit for more than 48 hours in a calendar week.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.23, eff. September 1, 2005.



Section 1602.452.  Information Provided To Prospective Student.

The holder of a private beauty culture school license shall furnish each prospective student with:

(1)  a course outline;

(2)  a schedule of the tuition and other fees assessed;

(3)  the refund policy required under Section 1602.458;

(4)  the school grading policy and rules relating to incomplete grades;

(5)  the school rules of operation and conduct, including rules relating to absences;

(6)  the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department; and

(7)  the current rates of job placement and employment of students who complete a course of training.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.24, eff. September 1, 2005.



Section  1602.453.  Course Length And Curriculum Content.

(a) A private beauty culture school shall design course length and curriculum content to reasonably ensure that a student develops the job skills and knowledge necessary for employment.

(b)  A school must submit to the commission for approval the course length and curriculum content for each course offered by the school. The school may implement a course length and curriculum content only after approval by the commission.

(c)  Before issuing or renewing a license under this chapter, the department shall require a school to account for each course length and curriculum content.

(d)  If a school manipulates a course length below or above industry standards, the commission shall place the school on probation until:

(1)  justification for the deviation is proven; or

(2)  the course length is adjusted to meet industry standards.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.25, eff. September 1, 2005.



Section 1602.454.  Student Record.

A private beauty culture school shall notify the department when a student  graduates from a course of training offered by the school and is eligible to take the appropriate examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.26, eff. September 1, 2005.



Section  1602.455.  Transfer Of Hours Of Instruction.

(a) A student of a private beauty culture school or a vocational cosmetology program in a public school may transfer completed hours of instruction to a private beauty culture school or a vocational cosmetology program in a public school in this state.

(b)  In order for the hours of instruction to be transferred, a transcript showing the completed courses and number of hours certified by the school in which the instruction was given must be submitted to the executive director.

(c)  In evaluating a student's transcript, the executive director shall determine whether the agreed tuition has been paid. If the tuition has not been paid, the executive director shall notify the student that the student's transcript cannot be certified to the school to which the student seeks a transfer until proof is provided that the tuition has been paid.

(d)  On evaluation and approval, the executive director shall certify in writing to the student and to the school to which the student seeks a transfer that:

(1)  the stated courses and hours have been successfully completed; and

(2)  the student is not required to repeat the hours of instruction.

(e)  If a private beauty culture school license has been expired for more than 30 days, a student of that school may not transfer hours of instruction the student completed at that school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.456.  Identification Of And Work Performed By Students.

(a) Each private beauty culture school or vocational cosmetology program in a public school shall maintain in a conspicuous place a list of the names and identifying pictures of the students who are enrolled in cosmetology courses.

(b)  A private beauty culture school or public school may not receive compensation for work done by a student unless the student has completed 10 percent of the required number of hours for a license under this chapter.

(c)  If a private beauty culture school or public school violates this section, the license of the private beauty culture school or the certificate of the public school may be revoked or suspended.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.457.  Cancellation And Settlement Policy.

The holder of a private beauty culture school license shall maintain a cancellation and settlement policy that provides a full refund of money paid by a student if the student:

(1)  cancels the enrollment agreement or contract not later than midnight of the third day after the date the agreement or contract is signed by the student, excluding Saturdays, Sundays, and legal holidays; or

(2)  entered into the enrollment agreement or contract because of a misrepresentation made:

(A)  in the advertising or promotional materials of the school; or

(B)  by an owner or representative of the school.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.458.  Refund Policy. (a)

The holder of a private beauty culture school license shall maintain a refund policy to provide for the refund of any unused part of tuition, fees, and other charges paid by a student who, at the expiration of the cancellation period established under Section 1602.457:

(1)  fails to enter the course of training;

(2)  withdraws from the course of training; or

(3)  is terminated from the course of training before completion of the course.

(b)  The refund policy must provide that:

(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in clock hours;

(2)  the effective date of the termination for refund purposes is the earliest of:

(A)  the last date of attendance, if the student is terminated by the school;

(B)  the date the license holder receives the student's written notice of withdrawal; or

(C)  10 school days after the last date of attendance; and

(3)  the school may retain not more than $100 if:

(A)  tuition is collected before the course of training begins; and

(B)  the student fails to withdraw from the course of training before the cancellation period expires.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.459.  Withdrawal Or Termination Of Student.

(a) If a student begins a course of training at a private beauty culture school that is scheduled to run not more than 12 months and, during the last 50 percent of the course, withdraws from the course or is terminated by the school, the school:

(1)  may retain 100 percent of the tuition and fees paid by the student; and

(2)  is not obligated to refund any additional outstanding tuition.

(b)  If a student begins a course of training at a private beauty culture school that is scheduled to run not more than 12 months and, before the last 50 percent of the course, withdraws from the course or is terminated by the school, the school shall refund:

(1)  90 percent of any outstanding tuition for a withdrawal or termination that occurs during the first week or first one-tenth of the course, whichever period is shorter;

(2)  80 percent of any outstanding tuition for a withdrawal or termination that occurs after the first week or first one-tenth of the course, whichever period is shorter, but within the first three weeks of the course;

(3)  75 percent of any outstanding tuition for a withdrawal or termination that occurs after the first three weeks of the course but not later than the completion of the first 25 percent of the course; and

(4)  50 percent of any outstanding tuition for a withdrawal or termination that occurs not later than the completion of the first 50 percent of the course.

(c)  A refund owed under this section must be paid not later than the 30th day after the date the student becomes eligible for the refund.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.460.  Interest On Refund.

(a) If tuition is not refunded within the period required by Section 1602.459, the school shall pay interest on the amount of the refund for the period beginning the first day after the date the refund period expires and ending the day preceding the date the refund is made.

(b)  If tuition is refunded to a lending institution, the interest shall be paid to that institution and applied against the student's loan.

(c)  The commissioner of education shall annually set the interest rate at a rate sufficient to deter a school from retaining money paid by a student.

(d)  The department may exempt a school from the payment of interest if the school makes a good faith effort to refund the tuition but is unable to locate the student.  The school shall provide to the department on request documentation of the effort to locate the student.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.27, eff. September 1, 2005.



Section  1602.461.  Reentry Of Student After Withdrawal Or Termination.

If a student voluntarily withdraws or is terminated after completing 50 percent of the course at a private beauty culture school, the school shall allow the student to reenter at any time during the 48-month period following the date of withdrawal or termination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.462.  Effect Of Student Withdrawal.

(a) A private beauty culture school shall record a grade of incomplete for a student who withdraws but is not entitled to a refund under Section 1602.459(a) if the student:

(1)  requests the grade at the time the student withdraws; and

(2)  withdraws for an appropriate reason unrelated to the student's academic status.

(b)  A student who receives a grade of incomplete may reenroll in the program during the 48-month period following the date the student withdraws and complete the subjects without payment of additional tuition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.



Section  1602.463.  Effect Of School Closure.

(a) If a private beauty culture school closes, the department shall attempt to arrange for students enrolled in the closed school to attend another private beauty culture school.

(b)  If a student from a closed school is placed in a private beauty culture school, the expense incurred by the school in providing training directly related to educating the student, including the applicable tuition for the period for which the student paid tuition, shall be paid from the private beauty culture school tuition protection account.

(c)  If a student from a closed school cannot be placed in another school, the student's tuition and fees shall be refunded as provided by Section 1602.458. If a student from a closed school does not accept a place that is available and reasonable in another school, the student's tuition and fees shall be refunded under the refund policy maintained by the closed school under Section 1602.459. A refund under this subsection shall be paid from the private beauty culture school tuition protection account. The amount of the refund may not exceed $35,000.

(d)  If another school assumes responsibility for the closed school's students and there are no significant changes in the quality of the training, the student from the closed school is not entitled to a refund under Subsection (c).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.28, eff. September 1, 2005.



Section  1602.464.  Private Beauty Culture School Tuition Protection Account.

(a) If on January 1 of any year the amount in the private beauty culture school tuition protection account is less than $200,000, the department shall collect a fee from each private beauty culture school during that year by applying a percentage to the school's renewal fee at a rate that will bring the balance of the account to $200,000.

(b)  The comptroller shall invest the account in the same manner as other state funds.  Sufficient money from the account shall be appropriated to the department for the purpose described by Section 1602.463.  The department shall administer claims made against the account.

(c)  Attorney's fees, court costs, or damages may not be paid from the account.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.29, eff. September 1, 2005.



Section  1602.465.  Peer Review.

(a) If the department has reasonable cause to believe that a private beauty culture school has violated this chapter or a rule adopted under this chapter, the department may:

(1)  order a peer review of the school; or

(2)  suspend the admission of students to the school.

(b)  The peer review shall be conducted by a peer review team consisting of knowledgeable persons selected by the department.  The department shall attempt to provide a balance on each team between members assigned to the team who are from this state and those who are from other states.

(c)  The team shall provide the department with an objective assessment of the content of the school's curriculum and its application.

(d)  The school under review shall pay the costs of the peer review.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798, Sec. 3.30, eff. September 1, 2005.



Subchapter L. Other Penalties And Enforcement Provisions

Section  1602.554.  General Criminal Penalty.

(a) A person commits an offense if the person violates this chapter.

(b)  Unless otherwise provided by this chapter, an offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $300.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.


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