CHAPTER 1602. COSMETOLOGISTS
OCCUPATIONS CODE
TITLE 9. REGULATION OF BARBERS, COSMETOLOGISTS, AND RELATED
OCCUPATIONS
CHAPTER 1602. COSMETOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.