CHAPTER 1601. BARBERS
OCCUPATIONS CODE
TITLE 9. REGULATION OF BARBERS, COSMETOLOGISTS, AND RELATED
OCCUPATIONS
CHAPTER 1601. BARBERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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(9) Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff.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(10) Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff.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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 1601.258. ELIGIBILITY FOR HAIR WEAVING SPECIALTY
CERTIFICATE OF REGISTRATION. (a) A person 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.
Sec. 1601.259. ELIGIBILITY FOR HAIR BRAIDING SPECIALTY
CERTIFICATE OF REGISTRATION. (a) A person 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 1601.555. COMPLIANCE WITH CERTAIN REQUIREMENTS. A barber
school is subject to the requirements of Sections
1601.504-1601.507.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.