CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY
OCCUPATIONS CODE
TITLE 9. REGULATION OF BARBERS, COSMETOLOGISTS, AND RELATED
OCCUPATIONS
CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1603.001. GENERAL DEFINITIONS. (a) In this chapter:
(1) "Commission" means the Texas Commission of Licensing and
Regulation.
(2) "Department" means the Texas Department of Licensing and
Regulation.
(3) "Executive director" means the executive director of the
department.
(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 1601 and 1602 apply to this chapter.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY
DEPARTMENT OF LICENSING AND REGULATION. The department shall
administer this chapter and Chapters 1601 and 1602. A reference
in this chapter to the commission's or department's powers or
duties applies only in relation to those chapters, except that
this section does not limit the department's or commission's
general powers under Chapter 51.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER B. ADVISORY BOARDS FOR BARBERING AND COSMETOLOGY
Sec. 1603.051. DUTIES. The advisory boards established under
Chapters 1601 and 1602 shall advise the commission on
administering this chapter and Chapters 1601 and 1602 regarding
barbering or cosmetology, as applicable.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1603.101. RULES. The commission shall adopt rules
consistent with this chapter for:
(1) the administration of this chapter and the operations of the
department in regulating barbering and cosmetology; and
(2) the administration of Chapters 1601 and 1602.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.102. SANITATION RULES. The commission shall establish
sanitation rules to prevent the spread of an infectious or
contagious disease.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.103. INSPECTION OF SCHOOLS BEFORE OPERATION. (a)
Until the department determines, by inspection, that the person
has established the school in compliance with this chapter,
Chapter 1601, or Chapter 1602, a person may not operate a school
licensed or permitted under this chapter, Chapter 1601, or
Chapter 1602.
(b) A school that is not approved by the department on initial
inspection may be reinspected.
(c) The department may charge the school a fee for each
inspection. The commission shall by rule set the amount of the
fee.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 15, eff. June 15, 2007.
Sec. 1603.104. PERIODIC AND RISK-BASED INSPECTIONS. (a) The
department may enter and inspect at any time during business
hours:
(1) the place of business of any person regulated under this
chapter, Chapter 1601, or Chapter 1602; or
(2) any place in which the department has reasonable cause to
believe that a certificate, license, or permit holder is
practicing in violation of this chapter, Chapter 1601, or Chapter
1602 or in violation of a rule or order of the commission or
executive director.
(b) At least once every two years, the department shall inspect
each shop or other facility that holds a license, certificate, or
permit in which the practice of barbering or cosmetology is
performed under this chapter, Chapter 1601, or Chapter 1602, and
at least twice per year, the department shall inspect each school
in which barbering or cosmetology is taught under this chapter,
Chapter 1601, or Chapter 1602.
(c) The department shall conduct additional inspections based on
a schedule of risk-based inspections using the following
criteria:
(1) the type and nature of the school, shop, or other facility;
(2) whether there has been a prior sanitation violation at the
school, shop, or facility;
(3) the inspection history of the school, shop, or other
facility;
(4) any history of complaints involving the school, shop, or
other facility; and
(5) any other factor determined by the commission by rule.
(d) An inspector who discovers a violation of this chapter,
Chapter 1601, or Chapter 1602 or of a rule or order of the
commission or executive director shall:
(1) provide written notice of the violation to the license,
certificate, or permit holder on a form prescribed by the
department; and
(2) file a complaint with the executive director.
(e) The department may charge the school, shop, or other
facility a fee for each inspection performed under Subsection
(c). The commission shall by rule set the amount of the fee.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 16, eff. June 15, 2007.
Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The department
may contract with a person to perform for the department
inspections of a school, shop, or other facility under this
chapter, Chapter 1601, or Chapter 1602.
Added by Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 17, eff. June 15, 2007.
Sec. 1603.105. RETENTION OF STUDENT RECORDS. The department may
not retain student records, including student transcripts, beyond
the time required by state law.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER D. PUBLIC PARTICIPATION AND COMPLAINT PROCEDURES
Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION AND
PARTICIPATION. The commission by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department regarding
barbering and cosmetology. The department may provide for that
notice:
(1) on each registration form, application, or written contract
for services of a person regulated under this chapter, Chapter
1601, or Chapter 1602;
(2) on a sign prominently displayed in the place of business of
each person regulated under this chapter, Chapter 1601, or
Chapter 1602; or
(3) in a bill for service provided by a person regulated under
this chapter, Chapter 1601, or Chapter 1602.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.152. COMPLAINT JURISDICTION; NOTIFICATION. If the
department determines that it lacks jurisdiction to resolve the
complaint, the department shall notify the complainant in writing
that the department is closing the complaint because it lacks
jurisdiction.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.153. ANALYSIS OF COMPLAINTS AND VIOLATIONS. (a) The
department shall develop and maintain a system to analyze the
processing, sources, and types of complaints filed with the
department and the types of violations that occur under this
chapter, Chapter 1601, and Chapter 1602.
(b) Based on the information under Subsection (a), the
department shall analyze trends in violations and complaints that
may require further attention or technical assistance to help
reduce the frequency of those complaints and violations.
(c) The department shall annually compile a statistical analysis
of the complaints filed and violations occurring during the
preceding year, including:
(1) the number of complaints filed;
(2) a categorization of complaints filed according to the basis
of the complaint and the number of complaints in each category;
(3) the number of complaints filed by department staff;
(4) the number of complaints filed by persons other than
department staff;
(5) the number of complaints filed over which the department
lacks jurisdiction;
(6) the average length of time required to close a complaint or
violation from the time the department receives the complaint or
otherwise initiates an investigation of a possible violation
until the complaint or violation is resolved by a final order or
penalty;
(7) the number of complaints resolved and the manner in which
they were resolved, including:
(A) the number of complaints dismissed and the reasons for
dismissal; and
(B) the number of complaints resulting in disciplinary action
and the type of disciplinary action taken; and
(8) the number of complaints filed that are unresolved, the
number of those complaints filed by department staff, the number
of those complaints filed by persons other than department staff,
and the average length of time that the unresolved complaints
have been on file.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.154. INFORMAL SETTLEMENT CONFERENCE. The department
shall establish guidelines for an informal settlement conference
related to a complaint filed with the department.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER E. CERTIFICATE, LICENSE, AND PERMIT REQUIREMENTS
Sec. 1603.201. APPLICATION FORM. An application for a
certificate, license, or permit must be made on a form prescribed
and provided by the department.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.202. DUPLICATE CERTIFICATE, LICENSE, OR PERMIT. The
department shall issue a duplicate certificate, license, or
permit to an applicant who:
(1) submits an application for a duplicate certificate, license,
or permit to the department; and
(2) pays the required fee.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.203. PROVISIONAL CERTIFICATE OR LICENSE. (a) The
department may issue a provisional certificate or license to an
applicant currently licensed in another jurisdiction who seeks a
certificate or license in this state and who:
(1) has been licensed in good standing in the profession for
which the person seeks the certificate or license for at least
two years in another jurisdiction, including a foreign country,
that has requirements substantially equivalent to the
requirements of this chapter, Chapter 1601, or Chapter 1602, as
appropriate; and
(2) has passed a national or other examination recognized by the
commission relating to the practice of that profession.
(b) A provisional certificate or license is valid until the date
the department approves or denies the provisional certificate or
license holder's application. The department shall issue a
certificate or license to the provisional certificate or license
holder if:
(1) the provisional certificate or license holder is eligible to
hold a certificate or license under Chapter 1601 or Chapter 1602;
or
(2) the provisional certificate or license holder passes the
part of the examination under Chapter 1601 or Chapter 1602 that
relates to the applicant's knowledge and understanding of the
laws and rules relating to the practice of the profession in this
state and:
(A) the department verifies that the provisional certificate or
license holder meets the academic and experience requirements for
the certificate or license; and
(B) the provisional certificate or license holder satisfies any
other certificate or license requirements.
(c) The department must approve or deny a provisional
certificate or license holder's application for a certificate or
license not later than the 180th day after the date the
provisional certificate or license is issued. The department may
extend the 180-day period if the results of an examination have
not been received by the department before the end of that
period.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.204. RECIPROCAL CERTIFICATE, LICENSE, OR PERMIT. (a)
A person who holds a license, certificate, or permit to practice
barbering or cosmetology from another state or country that has
standards or work experience requirements that are substantially
equivalent to the requirements of this chapter, Chapter 1601, or
Chapter 1602 may apply for a license, certificate, or permit to
perform the same acts of barbering or cosmetology in this state
that the person practiced in the other state or country.
(b) The person must:
(1) submit an application for the license, certificate, or
permit to the department; and
(2) pay fees in an amount prescribed by the commission,
including any applicable license, certificate, or permit fee.
(c) A person issued a license, certificate, or permit under this
section:
(1) may perform the acts of barbering or cosmetology stated on
the license, certificate, or permit; and
(2) is subject to the renewal procedures and fees provided in
this chapter, Chapter 1601, or Chapter 1602 for the performance
of those acts of barbering or cosmetology.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.205. DUAL BARBER AND BEAUTY SHOP LICENSE. (a) A
person holding a dual barber and beauty shop license may own,
operate, or manage a shop in which any practice of barbering
defined by Section 1601.002(1) or cosmetology defined by Section
1602.002(a) is performed.
(b) An applicant for a dual barber and beauty shop license must
submit:
(1) an application on a department-approved form that is
verified by the applicant;
(2) proof that the applicant meets the applicable requirements
under Chapters 1601 and 1602 for obtaining a barbershop permit
and a beauty shop license; and
(3) the required license fee.
(c) The department shall issue a dual barber and beauty shop
license to an applicant that:
(1) meets the requirements under this chapter and Chapters 1601
and 1602;
(2) complies with commission rules; and
(3) pays the required fees.
(d) The holder of a dual barber and beauty shop license must
comply with this chapter, Chapters 1601 and 1602, and commission
rules related to barbering and cosmetology.
Added by Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 18, eff. June 15, 2007.
Sec. 1603.206. MOBILE SHOPS. (a) In this section, "mobile
shop" means a facility that is readily movable and where
barbering, cosmetology, or both are practiced other than at a
fixed location.
(b) A barbershop, beauty shop, or specialty shop licensed or
permitted under this chapter, Chapter 1601, or Chapter 1602 may
be a mobile shop.
(c) The commission may adopt rules to administer this section,
including rules providing for:
(1) the licensing or permitting of a mobile shop;
(2) the fees for a mobile shop;
(3) the operation of a mobile shop;
(4) reporting requirements for a mobile shop; and
(5) the inspection of a mobile shop.
Added by Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 18, eff. June 15, 2007.
SUBCHAPTER F. EXAMINATION REQUIREMENTS
Sec. 1603.251. DEFINITION. In this subchapter, "examination
proctor" means an individual registered under this subchapter to
administer a practical examination for the department.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.252. GENERAL EXAMINATION REQUIREMENTS. (a) The
department may accept, develop, or contract for the examinations
required by this chapter, including the administration of the
examinations.
(b) The executive director shall determine uniform standards for
acceptable performance on an examination for a license or
certificate under Chapter 1601 and for a license or certificate
under Chapter 1602.
(c) The examination must include a written examination as
provided by Section 1603.253 and may include a practical
examination as provided by Section 1603.256.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.253. WRITTEN EXAMINATION. The commission shall select
an examination for each written examination required under this
chapter, Chapter 1601, or Chapter 1602. The written examination
must be:
(1) validated by an independent testing professional; or
(2) purchased from a national testing service.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.254. EXAMINATION FOR BARBERS. (a) An applicant for
an examination for a certificate or license issued under Chapter
1601 must submit to the department an application on a form
prescribed and provided by the department accompanied by:
(1) two photographs of the applicant, one of which accompanies
the application and one of which is to be returned to the
applicant to be presented at the examination; and
(2) the appropriate examination fee.
(b) The department shall examine applicants for a Class A barber
certificate and a teacher's certificate.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.255. EARLY EXAMINATION. The department, on written
request by a student, may provide for the early written
examination of an applicant for a Class A barber certificate, a
teacher's certificate, or an operator license who has completed
at least 1,000 hours of instruction in a department-approved
training program.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.256. PRACTICAL EXAMINATION. (a) The commission may
require a practical examination as it considers necessary for a
license or certificate issued under Chapter 1601 or 1602.
(b) The department shall prescribe the method and content of any
practical examination.
(c) The following persons may administer a practical examination
required under this subchapter:
(1) the department;
(2) a person with whom the department contracts under Section
1603.252; or
(3) an examination proctor.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.257. EXAMINATION PROCTOR; REGISTRATION. (a) A person
may not act as an examination proctor under this subchapter
unless the person is registered with the department under this
section.
(b) To be eligible for registration as an examination proctor, a
person must:
(1) meet eligibility requirements determined by commission rule;
(2) file with the department an application on a form prescribed
by the department; and
(3) pay the required fees as determined by the commission by
rule.
(c) If the department requires an examination proctor to
administer a practical examination under this subchapter, the
examination proctor shall perform the examination administration
function of the department in a competent and professional manner
and in compliance with:
(1) standards and specifications adopted by the commission under
this chapter; and
(2) rules adopted by the commission under this chapter.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER G. CERTIFICATE, LICENSE, AND PERMIT RENEWAL
Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE PENALTY.
The department may deny a person's request to renew a
certificate, license, or permit issued under this chapter,
Chapter 1601, or Chapter 1602 if the person has not paid an
administrative penalty imposed under Subchapter F, Chapter 51.
This section does not apply if:
(1) the person's time to pay or request a hearing has not
expired under Section 51.304;
(2) the person has requested a hearing under Section 51.304, but
the person's time to pay has not expired under Section 51.307; or
(3) the penalty is stayed.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO
CHAPTERS 1601 AND 1602
Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS. The commission
shall prescribe the minimum curriculum, including the subjects
and the number of hours in each subject, taught by a school
licensed under this chapter, Chapter 1601, or Chapter 1602,
including a private beauty culture school or a vocational
cosmetology program in a public school.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.352. STERILIZATION REQUIREMENTS FOR CERTAIN SERVICES.
(a) A person who holds a license, certificate, or permit issued
under this chapter, Chapter 1601, or Chapter 1602 and who
performs a barbering service described by Section 1601.002(1)(E)
or (F) or a cosmetology service described by Section
1602.002(a)(10) or (11) shall, before performing the service,
clean, disinfect, and sterilize with an autoclave or a dry heat,
ultraviolet, or other department-approved sterilizer, in
accordance with the sterilizer manufacturer's instructions, each
metal instrument, including metal nail clippers, cuticle pushers,
cuticle nippers, and other metal instruments, used to perform the
service.
(b) The owner or manager of a barber shop, barber school, beauty
shop, specialty shop, beauty culture school, or other facility
licensed under this chapter, Chapter 1601, or Chapter 1602, is
responsible for providing an autoclave or a dry heat,
ultraviolet, or other department-approved sterilizer for use in
the shop or school as required by Subsection (a). An autoclave
or a dry heat, ultraviolet, or other department-approved
sterilizer used as required by Subsection (a) must be listed with
the United States Food and Drug Administration.
(c) Each sterilized instrument must be stored in accordance with
the manufacturer's instructions.
(d) This section does not apply to:
(1) single-use instruments; or
(2) nonmetal nail files, buffer blocks, pumice stones, nail
brushes, or other similar instruments.
(e) The commission may adopt rules to administer this section.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 19, eff. June 15, 2007.
SUBCHAPTER I. DENIAL AND DISCIPLINARY PROCEDURES
Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The
department shall deny an application for issuance or renewal of,
or shall suspend or revoke, a certificate, license, or permit if
the applicant or person holding the certificate, license, or
permit:
(1) engages in gross malpractice;
(2) knowingly continues to practice while having an infectious
or contagious disease;
(3) knowingly makes a false or deceptive statement in
advertising;
(4) advertises, practices, or attempts to practice under another
person's name or trade name;
(5) engages in fraud or deceit in obtaining a certificate,
license, or permit; or
(6) engages in an act that violates this chapter, Chapter 51,
Chapter 1601, or Chapter 1602 or a rule or order adopted or
issued under those chapters.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 1603.451. INJUNCTIVE RELIEF. (a) If a certificate,
license, or permit holder commits a violation of this chapter,
Chapter 1601, Chapter 1602, or a commission rule and the
violation poses a serious threat to the public health, the
attorney general shall initiate a suit for injunction and
proceedings for suspension or revocation of the certificate,
license, or permit.
(b) In seeking an injunction under this section, the attorney
general is not required to allege or prove:
(1) that an adequate remedy at law does not exist; or
(2) that substantial or irreparable damage would result from the
continued violation.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.452. CIVIL PENALTY. (a) A barber, barbershop owner,
barber school, or private beauty culture school that violates
this chapter, Chapter 1601, Chapter 1602, or a commission rule is
liable for a civil penalty in addition to any injunctive relief
or other remedy provided by law.
(b) The amount of the civil penalty for a barber or barbershop
owner may not exceed $25 a day for each violation.
(c) The amount of the civil penalty for a barber school or
private beauty culture school may not exceed $1,000 a day for
each violation.
(d) The attorney general may sue to collect the civil penalty.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is not
required to give an appeal bond in a cause arising under this
chapter, Chapter 1601, or Chapter 1602.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The attorney
general shall represent the department in an action to enforce
this chapter, Chapter 1601, or Chapter 1602.
Added by Acts 2005, 79th Leg., Ch.
798, Sec. 1.01, eff. September 1, 2005.
Sec. 1603.455. EMERGENCY ORDERS. (a) The executive director
may issue an emergency order to suspend or revoke a license or
permit issued, or to cease the operation of an unsafe facility
regulated, by the department under this title if the executive
director determines that an emergency exists requiring immediate
action to protect the public health and safety.
(b) The executive director may issue the emergency order with or
without notice and hearing as the executive director considers
practicable under the circumstances.
(c) If an emergency order is issued under this section without a
hearing, the executive director, not later than the 10th day
after the date the emergency order was issued, shall set the time
and place for a hearing conducted by the State Office of
Administrative Hearings to affirm, modify, or set aside the
emergency order. The executive director shall set the hearing
for a date not later than the 30th day after the date the time
and place for the hearing are set. The hearing examiner shall
affirm the order to the extent that reasonable cause existed to
issue the order.
(d) The commission by rule may prescribe procedures for the
issuance and appeal of an emergency order under this section,
including a rule to allow the commission to affirm, modify, or
set aside a decision by the State Office of Administrative
Hearings under Subsection (c).
(e) A proceeding under this section is a contested case under
Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 20, eff. June 15, 2007.
Sec. 1603.456. CEASE AND DESIST ORDERS. The executive director
may issue a cease and desist order, after notice and opportunity
for hearing, if the executive director determines that the order
is necessary to prevent a violation of:
(1) this chapter, Chapter 1601, or Chapter 1602; or
(2) a rule adopted by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch.
1049, Sec. 20, eff. June 15, 2007.