2005 Texas Occupations Code CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY

OCCUPATIONS CODE

CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER B. ADVISORY BOARDS FOR BARBERING AND COSMETOLOGY


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER C. POWERS AND DUTIES


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 1603.103. INSPECTION OF SCHOOLS, SHOPS, AND FACILITIES 
BEFORE OPERATION.  (a) Until the department determines, by 
inspection, that the person has established the school, shop, or 
facility in compliance with this chapter, Chapter 1601, or Chapter 
1602, a person may not operate a school, shop, or other facility 
licensed or permitted under this chapter, Chapter 1601, or Chapter 
1602.
	(b)  A school, shop, or other facility that is not approved 
by the department on initial inspection may be reinspected.
	(c)  The school, shop, or other facility shall pay a fee for 
each inspection.  The commission shall by rule set the amount of the 
fee.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      


	§ 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 school, shop, or other facility that holds a license, 
certificate, or permit 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 school, shop, or other facility shall pay 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER D. PUBLIC PARTICIPATION AND COMPLAINT PROCEDURES


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER E. CERTIFICATE, LICENSE, AND PERMIT REQUIREMENTS


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER F. EXAMINATION REQUIREMENTS


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER G. CERTIFICATE, LICENSE, AND PERMIT RENEWAL


	§ 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, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO CHAPTERS 1601 AND 
1602


	§ 1603.351. MINIMUM CURRICULUM FOR SCHOOLS.  The 
commission shall prescribe the minimum curriculum, including the 
subjects and the number of hours in each subject, taught by a school 
licensed under this chapter, Chapter 1601, or Chapter 1602, 
including a private beauty culture school or a vocational 
cosmetology program in a public school.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      


	§ 1603.352. SANITATION REQUIREMENTS FOR CERTAIN 
SERVICES.  (a)  A person who holds a license, certificate, or 
permit issued under this chapter, Chapter 1601, or Chapter 1602 and 
who performs a barbering service described by Section 
1601.002(1)(E) or (F) or a cosmetology service described by Section 
1602.002(10) or (11):
		(1)  shall, before performing the service, disinfect 
and sterilize with an autoclave each nondisposable instrument used 
to perform the service;  and
		(2)  may use a disposable supply or instrument only if 
that supply or instrument is purchased at the location where the 
service is performed or provided by the person on whom the service 
is performed.
	(b)  The owner or manager of a barber shop, barber school, 
beauty shop, specialty shop, or beauty culture school is 
responsible for providing an autoclave for use in the shop or school 
as required by Subsection (a).  An autoclave used as required by 
Subsection (a) must be:
		(1)  registered and listed with the federal Food and 
Drug Administration;  and
		(2)  used in accordance with the manufacturer's 
instructions.               

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Jan. 1, 
2006.       

SUBCHAPTER I. DENIAL AND DISCIPLINARY PROCEDURES


	§ 1603.401. DENIAL, SUSPENSION, OR REVOCATION.  The 
department shall deny an application for issuance or renewal of, or 
shall suspend or revoke, a certificate, license, or permit if the 
applicant or person holding the certificate, license, or permit:
		(1)  engages in gross malpractice;                                            
		(2)  knowingly continues to practice while having an 
infectious or contagious disease;
		(3)  knowingly makes a false or deceptive statement in 
advertising;         
		(4)  advertises, practices, or attempts to practice 
under another person's name or trade name;
		(5)  engages in fraud or deceit in obtaining a 
certificate, license, or permit;  or
		(6)  engages in an act that violates this chapter, 
Chapter 51, Chapter 1601, or Chapter 1602 or a rule or order adopted 
or issued under those chapters.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      

SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS


	§ 1603.451. INJUNCTIVE RELIEF.  (a) If a certificate, 
license, or permit holder commits a violation of this chapter, 
Chapter 1601, Chapter 1602, or a commission rule and the violation 
poses a serious threat to the public health, the attorney general 
shall initiate a suit for injunction and proceedings for suspension 
or revocation of the certificate, license, or permit.
	(b)  In seeking an injunction under this section, the 
attorney general is not required to allege or prove:
		(1)  that an adequate remedy at law does not exist;  or                       
		(2)  that substantial or irreparable damage would 
result from the continued violation.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      


	§ 1603.452. CIVIL PENALTY.  (a) A barber, barbershop 
owner, barber school, or private beauty culture school that 
violates this chapter, Chapter 1601, Chapter 1602, or a commission 
rule is liable for a civil penalty in addition to any injunctive 
relief or other remedy provided by law.
	(b)  The amount of the civil penalty for a barber or 
barbershop owner may not exceed $25 a day for each violation.
	(c)  The amount of the civil penalty for a barber school or 
private beauty culture school may not exceed $1,000 a day for each 
violation.
	(d)  The attorney general may sue to collect the civil 
penalty.              

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      


	§ 1603.453. APPEAL BOND NOT REQUIRED.  The department is 
not required to give an appeal bond in a cause arising under this 
chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.      


	§ 1603.454. ENFORCEMENT BY ATTORNEY GENERAL.  The 
attorney general shall represent the department in an action to 
enforce this chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., ch. 798, § 1.01, eff. Sept. 1, 
2005.