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Statutes > Texas > Occupations-code > Title-9-regulation-of-barbers-cosmetologists-and-related-occupations > 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

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(9) Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff.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(10) Repealed by Acts 2001, 77th Leg., ch. 246, Sec. 17(1), eff.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;

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;

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."

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.

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.

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.

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.

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.

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;

(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.

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.

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.

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.

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.

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.

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

(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.

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.

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.

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.

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.

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.