Law:Title 9. Regulation Of Barbers, Cosmetologists, And Related Occupations from Chapter S 1601 And 1602 (Texas)

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Contents

Chapter 1603. Regulation Of Barbering And Cosmetology

Subchapter A. General Provisions

Section 1603.001.  General Definitions.

(a) In this chapter:

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

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

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

(b)  Unless the context clearly indicates otherwise, the definitions in Chapters 1601 and 1602 apply to this chapter.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.002.  Regulation Of Barbering And Cosmetology By Department Of Licensing And Regulation.

The department shall administer this chapter and Chapters 1601 and 1602.  A reference in this chapter to the commission's or department's powers or duties applies only in relation to those chapters, except that this section does not limit the department's or commission's general powers under Chapter 51.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter B. Advisory Boards For Barbering And Cosmetology

Section 1603.051.  Duties.

The advisory boards established under Chapters 1601 and 1602 shall advise the commission on administering this chapter and Chapters 1601 and 1602 regarding barbering or cosmetology, as applicable.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter C. Powers And Duties

Section 1603.101.  Rules.

The commission shall adopt rules consistent with this chapter for:

(1)  the administration of this chapter and the operations of the department in regulating barbering and cosmetology; and

(2)  the administration of Chapters 1601 and 1602.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.102.  Sanitation Rules.

The commission shall establish sanitation rules to prevent the spread of an infectious or contagious disease.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.103.  Inspection Of Schools Before Operation.

(a) Until the department determines, by inspection, that the person has established the school in compliance with this chapter, Chapter 1601, or Chapter 1602, a person may not operate a school licensed or permitted under this chapter, Chapter 1601, or Chapter 1602.

(b)  A school that is not approved by the department on initial inspection may be reinspected.

(c)  The department may charge the school a fee for each inspection.  The commission shall by rule set the amount of the fee.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.

Amended by:

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



Section 1603.104.  Periodic And Risk-based Inspections.

(a) The department may enter and inspect at any time during business hours:

(1)  the place of business of any person regulated under this chapter, Chapter 1601, or Chapter 1602; or

(2)  any place in which the department has reasonable cause to believe that a certificate, license, or permit holder is practicing in violation of this chapter, Chapter 1601, or Chapter 1602 or in violation of a rule or order of the commission or executive director.

(b)  At least once every two years, the department shall inspect each shop or other facility that holds a license, certificate, or permit in which the practice of barbering or cosmetology is performed under this chapter, Chapter 1601, or Chapter 1602, and at least twice per year, the department shall inspect each school in which barbering or cosmetology is taught under this chapter, Chapter 1601, or Chapter 1602.

(c)  The department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:

(1)  the type and nature of the school, shop, or other facility;

(2)  whether there has been a prior sanitation violation at the school, shop, or facility;

(3)  the inspection history of the school, shop, or other facility;

(4)  any history of complaints involving the school, shop, or other facility; and

(5)  any other factor determined by the commission by rule.

(d)  An inspector who discovers a violation of this chapter, Chapter 1601, or Chapter 1602 or of a rule or order of the commission or executive director shall:

(1)  provide written notice of the violation to the license, certificate, or permit holder on a form prescribed by the department; and

(2)  file a complaint with the executive director.

(e)  The department may charge the school, shop, or other facility a fee for each inspection performed under Subsection (c).  The commission shall by rule set the amount of the fee.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 16, eff. June 15, 2007.



Section 1603.1045.  Contract To Perform Inspections.

The department may contract with a person to perform for the department inspections of a school, shop, or other facility under this chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 17, eff. June 15, 2007.



Section 1603.105.  Retention Of Student Records.

The department may not retain student records, including student transcripts, beyond the time required by state law.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter D. Public Participation And Complaint Procedures

Section 1603.151.  Notification Of Public Interest Information And Participation.

The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding barbering and cosmetology.  The department may provide for that notice:

(1)  on each registration form, application, or written contract for services of a person regulated under this chapter, Chapter 1601, or Chapter 1602;

(2)  on a sign prominently displayed in the place of business of each person regulated under this chapter, Chapter 1601, or Chapter 1602; or

(3)  in a bill for service provided by a person regulated under this chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.152.  Complaint Jurisdiction; Notification.

If the department determines that it lacks jurisdiction to resolve the complaint, the department shall notify the complainant in writing that the department is closing the complaint because it lacks jurisdiction.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.153.  Analysis Of Complaints And Violations.

(a) The department shall develop and maintain a system to analyze the processing, sources, and types of complaints filed with the department and the types of violations that occur under this chapter, Chapter 1601, and Chapter 1602.

(b)  Based on the information under Subsection (a), the department shall analyze trends in violations and complaints that may require further attention or technical assistance to help reduce the frequency of those complaints and violations.

(c)  The department shall annually compile a statistical analysis of the complaints filed and violations occurring during the preceding year, including:

(1)  the number of complaints filed;

(2)  a categorization of complaints filed according to the basis of the complaint and the number of complaints in each category;

(3)  the number of complaints filed by department staff;

(4)  the number of complaints filed by persons other than department staff;

(5)  the number of complaints filed over which the department lacks jurisdiction;

(6)  the average length of time required to close a complaint or violation from the time the department receives the complaint or otherwise initiates an investigation of a possible violation until the complaint or violation is resolved by a final order or penalty;

(7)  the number of complaints resolved and the manner in which they were resolved, including:

(A)  the number of complaints dismissed and the reasons for dismissal; and

(B)  the number of complaints resulting in disciplinary action and the type of disciplinary action taken; and

(8)  the number of complaints filed that are unresolved, the number of those complaints filed by department staff, the number of those complaints filed by persons other than department staff, and the average length of time that the unresolved complaints have been on file.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.154.  Informal Settlement Conference.

The department shall establish guidelines for an informal settlement conference related to a complaint filed with the department.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter E. Certificate, License, And Permit Requirements

Section 1603.201.  Application Form.

An application for a certificate, license, or permit must be made on a form prescribed and provided by the department.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.202.  Duplicate Certificate, License, Or Permit.

The department shall issue a duplicate certificate, license, or permit to an applicant who:

(1)  submits an application for a duplicate certificate, license, or permit to the department; and

(2)  pays the required fee.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.203.  Provisional Certificate Or License.

(a) The department may issue a provisional certificate or license to an applicant currently licensed in another jurisdiction who seeks a certificate or license in this state and who:

(1)  has been licensed in good standing in the profession for which the person seeks the certificate or license for at least two years in another jurisdiction, including a foreign country, that has requirements substantially equivalent to the requirements of this chapter, Chapter 1601, or Chapter 1602, as appropriate; and

(2)  has passed a national or other examination recognized by the commission relating to the practice of that profession.

(b)  A provisional certificate or license is valid until the date the department approves or denies the provisional certificate or license holder's application.  The department shall issue a certificate or license to the provisional certificate or license holder if:

(1)  the provisional certificate or license holder is eligible to hold a certificate or license under Chapter 1601 or Chapter 1602; or

(2)  the provisional certificate or license holder passes the part of the examination under Chapter 1601 or Chapter 1602 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of the profession in this state and:

(A)  the department verifies that the provisional certificate or license holder meets the academic and experience requirements for the certificate or license; and

(B)  the provisional certificate or license holder satisfies any other certificate or license requirements.

(c)  The department must approve or deny a provisional certificate or license holder's application for a certificate or license not later than the 180th day after the date the provisional certificate or license is issued.  The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.204.  Reciprocal Certificate, License, Or Permit.

(a) A person who holds a license, certificate, or permit to practice barbering or cosmetology from another state or country that has standards or work experience requirements that are substantially equivalent to the requirements of this chapter, Chapter 1601, or Chapter 1602 may apply for a license, certificate, or permit to perform the same acts of barbering or cosmetology in this state that the person practiced in the other state or country.

(b)  The person must:

(1)  submit an application for the license, certificate, or permit to the department; and

(2)  pay fees in an amount prescribed by the commission, including any applicable license, certificate, or permit fee.

(c)  A person issued a license, certificate, or permit under this section:

(1)  may perform the acts of barbering or cosmetology stated on the license, certificate, or permit; and

(2)  is subject to the renewal procedures and fees provided in this chapter, Chapter 1601, or Chapter 1602 for the performance of those acts of barbering or cosmetology.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.205.  Dual Barber And Beauty Shop License.

(a) A person holding a dual barber and beauty shop license may own, operate, or manage a shop in which any practice of barbering defined by Section 1601.002(1) or cosmetology defined by Section 1602.002(a) is performed.

(b)  An applicant for a dual barber and beauty shop license must submit:

(1)  an application on a department-approved form that is verified by the applicant;

(2)  proof that the applicant meets the applicable requirements under Chapters 1601 and 1602 for obtaining a barbershop permit and a beauty shop license; and

(3)  the required license fee.

(c)  The department shall issue a dual barber and beauty shop license to an applicant that:

(1)  meets the requirements under this chapter and Chapters 1601 and 1602;

(2)  complies with commission rules; and

(3)  pays the required fees.

(d)  The holder of a dual barber and beauty shop license must comply with this chapter, Chapters 1601 and 1602, and  commission rules related to barbering and cosmetology.

Added by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 18, eff. June 15, 2007.



Section 1603.206.  Mobile Shops.

(a) In this section, "mobile shop" means a facility that is readily movable and where barbering, cosmetology, or both are practiced other than at a fixed location.

(b)  A barbershop, beauty shop, or specialty shop licensed or permitted under this chapter, Chapter 1601, or Chapter 1602 may be a mobile shop.

(c)  The commission may adopt rules to administer this section, including rules providing for:

(1)  the licensing or permitting of a mobile shop;

(2)  the fees for a mobile shop;

(3)  the operation of a mobile shop;

(4)  reporting requirements for a mobile shop; and

(5)  the inspection of a mobile shop.

Added by Acts 2007, 80th Leg., R.S., Ch. 1049, Sec. 18, eff. June 15, 2007.



Subchapter F. Examination Requirements

Section 1603.251.  Definition.

In this subchapter, "examination proctor" means an individual registered under this subchapter to administer a practical examination for the department.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.252.  General Examination Requirements.

(a) The department may accept, develop, or contract for the examinations required by this chapter, including the administration of the examinations.

(b)  The executive director shall determine uniform standards for acceptable performance on an examination for a license or certificate under Chapter 1601 and for a license or certificate under Chapter 1602.

(c)  The examination must include a written examination as provided by Section 1603.253 and may include a practical examination as provided by Section 1603.256.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.253.  Written Examination.

The commission shall select an examination for each written examination required under this chapter, Chapter 1601, or Chapter 1602.  The written examination must be:

(1)  validated by an independent testing professional; or

(2)  purchased from a national testing service.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.254.  Examination For Barbers.

(a) An applicant for an examination for a certificate or license issued under Chapter 1601 must submit to the department an application on a form prescribed and provided by the department accompanied by:

(1)  two photographs of the applicant, one of which accompanies the application and one of which is to be returned to the applicant to be presented at the examination; and

(2)  the appropriate examination fee.

(b)  The department shall examine applicants for a Class A barber certificate and a teacher's certificate.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.255.  Early Examination.

The department, on written request by a student, may provide for the early written examination of an applicant for a Class A barber certificate, a teacher's certificate, or an operator license who has completed at least 1,000 hours of instruction in a department-approved training program.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.256.  Practical Examination.

(a) The commission may require a practical examination as it considers necessary for a license or certificate issued under Chapter 1601 or 1602.

(b)  The department shall prescribe the method and content of any practical examination.

(c)  The following persons may administer a practical examination required under this subchapter:

(1)  the department;

(2)  a person with whom the department contracts under Section 1603.252; or

(3)  an examination proctor.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Section 1603.257.  Examination Proctor; Registration.

(a) A person may not act as an examination proctor under this subchapter unless the person is registered with the department under this section.

(b)  To be eligible for registration as an examination proctor, a person must:

(1)  meet eligibility requirements determined by commission rule;

(2)  file with the department an application on a form prescribed by the department; and

(3)  pay the required fees as determined by the commission by rule.

(c)  If the department requires an examination proctor to administer a practical examination under this subchapter, the examination proctor shall perform the examination administration function of the department in a competent and professional manner and in compliance with:

(1)  standards and specifications adopted by the commission under this chapter; and

(2)  rules adopted by the commission under this chapter.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter G. Certificate, License, And Permit Renewal

Section 1603.301.  Denial Of Renewal Due To Administrative Penalty.

The department may deny a person's request to renew a certificate, license, or permit issued under this chapter, Chapter 1601, or Chapter 1602 if the person has not paid an administrative penalty imposed under Subchapter F, Chapter 51.  This section does not apply if:

(1)  the person's time to pay or request a hearing has not expired under Section 51.304;

(2)  the person has requested a hearing under Section 51.304, but the person's time to pay has not expired under Section 51.307; or

(3)  the penalty is stayed.

Added by Acts 2005, 79th Leg., Ch. 798, Sec. 1.01, eff. September 1, 2005.



Subchapter H. Practice Provisions Applicable To


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