CHAPTER 1602. COSMETOLOGISTS

State Codes and Statutes

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

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

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.

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.

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.

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.

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.

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.

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.

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.

(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;

(D) contains, or will contain before classes begin, the

equipment established by commission rule as sufficient to

properly instruct a minimum of 50 students.

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.

(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.

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.

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.

(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.

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.

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.

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.

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.

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.

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;

(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

(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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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