CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-9-regulation-of-barbers-cosmetologists-and-related-occupations > Chapter-1603-regulation-of-barbering-and-cosmetology

OCCUPATIONS CODE

TITLE 9. REGULATION OF BARBERS, COSMETOLOGISTS, AND RELATED

OCCUPATIONS

CHAPTER 1603. REGULATION OF BARBERING AND COSMETOLOGY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1603.001. GENERAL DEFINITIONS. (a) In this chapter:

(1) "Commission" means the Texas Commission of Licensing and

Regulation.

(2) "Department" means the Texas Department of Licensing and

Regulation.

(3) "Executive director" means the executive director of the

department.

(b) Unless the context clearly indicates otherwise, the

definitions in Chapters 1601 and 1602 apply to this chapter.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY

DEPARTMENT OF LICENSING AND REGULATION. The department shall

administer this chapter and Chapters 1601 and 1602. A reference

in this chapter to the commission's or department's powers or

duties applies only in relation to those chapters, except that

this section does not limit the department's or commission's

general powers under Chapter 51.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER B. ADVISORY BOARDS FOR BARBERING AND COSMETOLOGY

Sec. 1603.051. DUTIES. The advisory boards established under

Chapters 1601 and 1602 shall advise the commission on

administering this chapter and Chapters 1601 and 1602 regarding

barbering or cosmetology, as applicable.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 1603.101. RULES. The commission shall adopt rules

consistent with this chapter for:

(1) the administration of this chapter and the operations of the

department in regulating barbering and cosmetology; and

(2) the administration of Chapters 1601 and 1602.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.102. SANITATION RULES. The commission shall establish

sanitation rules to prevent the spread of an infectious or

contagious disease.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.103. INSPECTION OF SCHOOLS BEFORE OPERATION. (a)

Until the department determines, by inspection, that the person

has established the school in compliance with this chapter,

Chapter 1601, or Chapter 1602, a person may not operate a school

licensed or permitted under this chapter, Chapter 1601, or

Chapter 1602.

(b) A school that is not approved by the department on initial

inspection may be reinspected.

inspection. The commission shall by rule set the amount of the

fee.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 15, eff. June 15, 2007.

Sec. 1603.104. PERIODIC AND RISK-BASED INSPECTIONS. (a) The

department may enter and inspect at any time during business

hours:

(1) the place of business of any person regulated under this

chapter, Chapter 1601, or Chapter 1602; or

(2) any place in which the department has reasonable cause to

believe that a certificate, license, or permit holder is

practicing in violation of this chapter, Chapter 1601, or Chapter

1602 or in violation of a rule or order of the commission or

executive director.

(b) At least once every two years, the department shall inspect

each shop or other facility that holds a license, certificate, or

permit in which the practice of barbering or cosmetology is

performed under this chapter, Chapter 1601, or Chapter 1602, and

at least twice per year, the department shall inspect each school

in which barbering or cosmetology is taught under this chapter,

Chapter 1601, or Chapter 1602.

a schedule of risk-based inspections using the following

criteria:

(1) the type and nature of the school, shop, or other facility;

(2) whether there has been a prior sanitation violation at the

school, shop, or facility;

(3) the inspection history of the school, shop, or other

facility;

(4) any history of complaints involving the school, shop, or

other facility; and

(5) any other factor determined by the commission by rule.

(d) An inspector who discovers a violation of this chapter,

Chapter 1601, or Chapter 1602 or of a rule or order of the

commission or executive director shall:

(1) provide written notice of the violation to the license,

certificate, or permit holder on a form prescribed by the

department; and

(2) file a complaint with the executive director.

(e) The department may charge the school, shop, or other

facility a fee for each inspection performed under Subsection

(c). The commission shall by rule set the amount of the fee.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 16, eff. June 15, 2007.

Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The department

may contract with a person to perform for the department

inspections of a school, shop, or other facility under this

chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 17, eff. June 15, 2007.

Sec. 1603.105. RETENTION OF STUDENT RECORDS. The department may

not retain student records, including student transcripts, beyond

the time required by state law.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER D. PUBLIC PARTICIPATION AND COMPLAINT PROCEDURES

Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION AND

PARTICIPATION. The commission by rule shall establish methods by

which consumers and service recipients are notified of the name,

mailing address, and telephone number of the department for the

purpose of directing complaints to the department regarding

barbering and cosmetology. The department may provide for that

notice:

(1) on each registration form, application, or written contract

for services of a person regulated under this chapter, Chapter

1601, or Chapter 1602;

(2) on a sign prominently displayed in the place of business of

each person regulated under this chapter, Chapter 1601, or

Chapter 1602; or

(3) in a bill for service provided by a person regulated under

this chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.152. COMPLAINT JURISDICTION; NOTIFICATION. If the

department determines that it lacks jurisdiction to resolve the

complaint, the department shall notify the complainant in writing

that the department is closing the complaint because it lacks

jurisdiction.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.153. ANALYSIS OF COMPLAINTS AND VIOLATIONS. (a) The

department shall develop and maintain a system to analyze the

processing, sources, and types of complaints filed with the

department and the types of violations that occur under this

chapter, Chapter 1601, and Chapter 1602.

(b) Based on the information under Subsection (a), the

department shall analyze trends in violations and complaints that

may require further attention or technical assistance to help

reduce the frequency of those complaints and violations.

of the complaints filed and violations occurring during the

preceding year, including:

(1) the number of complaints filed;

(2) a categorization of complaints filed according to the basis

of the complaint and the number of complaints in each category;

(3) the number of complaints filed by department staff;

(4) the number of complaints filed by persons other than

department staff;

(5) the number of complaints filed over which the department

lacks jurisdiction;

(6) the average length of time required to close a complaint or

violation from the time the department receives the complaint or

otherwise initiates an investigation of a possible violation

until the complaint or violation is resolved by a final order or

penalty;

(7) the number of complaints resolved and the manner in which

they were resolved, including:

(A) the number of complaints dismissed and the reasons for

dismissal; and

(B) the number of complaints resulting in disciplinary action

and the type of disciplinary action taken; and

(8) the number of complaints filed that are unresolved, the

number of those complaints filed by department staff, the number

of those complaints filed by persons other than department staff,

and the average length of time that the unresolved complaints

have been on file.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.154. INFORMAL SETTLEMENT CONFERENCE. The department

shall establish guidelines for an informal settlement conference

related to a complaint filed with the department.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER E. CERTIFICATE, LICENSE, AND PERMIT REQUIREMENTS

Sec. 1603.201. APPLICATION FORM. An application for a

certificate, license, or permit must be made on a form prescribed

and provided by the department.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.202. DUPLICATE CERTIFICATE, LICENSE, OR PERMIT. The

department shall issue a duplicate certificate, license, or

permit to an applicant who:

(1) submits an application for a duplicate certificate, license,

or permit to the department; and

(2) pays the required fee.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.203. PROVISIONAL CERTIFICATE OR LICENSE. (a) The

department may issue a provisional certificate or license to an

applicant currently licensed in another jurisdiction who seeks a

certificate or license in this state and who:

(1) has been licensed in good standing in the profession for

which the person seeks the certificate or license for at least

two years in another jurisdiction, including a foreign country,

that has requirements substantially equivalent to the

requirements of this chapter, Chapter 1601, or Chapter 1602, as

appropriate; and

(2) has passed a national or other examination recognized by the

commission relating to the practice of that profession.

(b) A provisional certificate or license is valid until the date

the department approves or denies the provisional certificate or

license holder's application. The department shall issue a

certificate or license to the provisional certificate or license

holder if:

(1) the provisional certificate or license holder is eligible to

hold a certificate or license under Chapter 1601 or Chapter 1602;

(2) the provisional certificate or license holder passes the

part of the examination under Chapter 1601 or Chapter 1602 that

relates to the applicant's knowledge and understanding of the

laws and rules relating to the practice of the profession in this

state and:

(A) the department verifies that the provisional certificate or

license holder meets the academic and experience requirements for

the certificate or license; and

(B) the provisional certificate or license holder satisfies any

other certificate or license requirements.

certificate or license holder's application for a certificate or

license not later than the 180th day after the date the

provisional certificate or license is issued. The department may

extend the 180-day period if the results of an examination have

not been received by the department before the end of that

period.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.204. RECIPROCAL CERTIFICATE, LICENSE, OR PERMIT. (a)

A person who holds a license, certificate, or permit to practice

barbering or cosmetology from another state or country that has

standards or work experience requirements that are substantially

equivalent to the requirements of this chapter, Chapter 1601, or

Chapter 1602 may apply for a license, certificate, or permit to

perform the same acts of barbering or cosmetology in this state

that the person practiced in the other state or country.

(b) The person must:

(1) submit an application for the license, certificate, or

permit to the department; and

(2) pay fees in an amount prescribed by the commission,

including any applicable license, certificate, or permit fee.

section:

(1) may perform the acts of barbering or cosmetology stated on

the license, certificate, or permit; and

(2) is subject to the renewal procedures and fees provided in

this chapter, Chapter 1601, or Chapter 1602 for the performance

of those acts of barbering or cosmetology.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.205. DUAL BARBER AND BEAUTY SHOP LICENSE. (a) A

person holding a dual barber and beauty shop license may own,

operate, or manage a shop in which any practice of barbering

defined by Section 1601.002(1) or cosmetology defined by Section

1602.002(a) is performed.

(b) An applicant for a dual barber and beauty shop license must

submit:

(1) an application on a department-approved form that is

verified by the applicant;

(2) proof that the applicant meets the applicable requirements

under Chapters 1601 and 1602 for obtaining a barbershop permit

and a beauty shop license; and

(3) the required license fee.

license to an applicant that:

(1) meets the requirements under this chapter and Chapters 1601

and 1602;

(2) complies with commission rules; and

(3) pays the required fees.

(d) The holder of a dual barber and beauty shop license must

comply with this chapter, Chapters 1601 and 1602, and commission

rules related to barbering and cosmetology.

Added by Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 18, eff. June 15, 2007.

Sec. 1603.206. MOBILE SHOPS. (a) In this section, "mobile

shop" means a facility that is readily movable and where

barbering, cosmetology, or both are practiced other than at a

fixed location.

(b) A barbershop, beauty shop, or specialty shop licensed or

permitted under this chapter, Chapter 1601, or Chapter 1602 may

be a mobile shop.

including rules providing for:

(1) the licensing or permitting of a mobile shop;

(2) the fees for a mobile shop;

(3) the operation of a mobile shop;

(4) reporting requirements for a mobile shop; and

(5) the inspection of a mobile shop.

Added by Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 18, eff. June 15, 2007.

SUBCHAPTER F. EXAMINATION REQUIREMENTS

Sec. 1603.251. DEFINITION. In this subchapter, "examination

proctor" means an individual registered under this subchapter to

administer a practical examination for the department.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.252. GENERAL EXAMINATION REQUIREMENTS. (a) The

department may accept, develop, or contract for the examinations

required by this chapter, including the administration of the

examinations.

(b) The executive director shall determine uniform standards for

acceptable performance on an examination for a license or

certificate under Chapter 1601 and for a license or certificate

under Chapter 1602.

provided by Section 1603.253 and may include a practical

examination as provided by Section 1603.256.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.253. WRITTEN EXAMINATION. The commission shall select

an examination for each written examination required under this

chapter, Chapter 1601, or Chapter 1602. The written examination

must be:

(1) validated by an independent testing professional; or

(2) purchased from a national testing service.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.254. EXAMINATION FOR BARBERS. (a) An applicant for

an examination for a certificate or license issued under Chapter

1601 must submit to the department an application on a form

prescribed and provided by the department accompanied by:

(1) two photographs of the applicant, one of which accompanies

the application and one of which is to be returned to the

applicant to be presented at the examination; and

(2) the appropriate examination fee.

(b) The department shall examine applicants for a Class A barber

certificate and a teacher's certificate.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.255. EARLY EXAMINATION. The department, on written

request by a student, may provide for the early written

examination of an applicant for a Class A barber certificate, a

teacher's certificate, or an operator license who has completed

at least 1,000 hours of instruction in a department-approved

training program.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.256. PRACTICAL EXAMINATION. (a) The commission may

require a practical examination as it considers necessary for a

license or certificate issued under Chapter 1601 or 1602.

(b) The department shall prescribe the method and content of any

practical examination.

required under this subchapter:

(1) the department;

(2) a person with whom the department contracts under Section

1603.252; or

(3) an examination proctor.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.257. EXAMINATION PROCTOR; REGISTRATION. (a) A person

may not act as an examination proctor under this subchapter

unless the person is registered with the department under this

section.

(b) To be eligible for registration as an examination proctor, a

person must:

(1) meet eligibility requirements determined by commission rule;

(2) file with the department an application on a form prescribed

by the department; and

(3) pay the required fees as determined by the commission by

rule.

administer a practical examination under this subchapter, the

examination proctor shall perform the examination administration

function of the department in a competent and professional manner

and in compliance with:

(1) standards and specifications adopted by the commission under

this chapter; and

(2) rules adopted by the commission under this chapter.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER G. CERTIFICATE, LICENSE, AND PERMIT RENEWAL

Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE PENALTY.

The department may deny a person's request to renew a

certificate, license, or permit issued under this chapter,

Chapter 1601, or Chapter 1602 if the person has not paid an

administrative penalty imposed under Subchapter F, Chapter 51.

This section does not apply if:

(1) the person's time to pay or request a hearing has not

expired under Section 51.304;

(2) the person has requested a hearing under Section 51.304, but

the person's time to pay has not expired under Section 51.307; or

(3) the penalty is stayed.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO

CHAPTERS 1601 AND 1602

Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS. The commission

shall prescribe the minimum curriculum, including the subjects

and the number of hours in each subject, taught by a school

licensed under this chapter, Chapter 1601, or Chapter 1602,

including a private beauty culture school or a vocational

cosmetology program in a public school.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.352. STERILIZATION REQUIREMENTS FOR CERTAIN SERVICES.

(a) A person who holds a license, certificate, or permit issued

under this chapter, Chapter 1601, or Chapter 1602 and who

performs a barbering service described by Section 1601.002(1)(E)

or (F) or a cosmetology service described by Section

1602.002(a)(10) or (11) shall, before performing the service,

clean, disinfect, and sterilize with an autoclave or a dry heat,

ultraviolet, or other department-approved sterilizer, in

accordance with the sterilizer manufacturer's instructions, each

metal instrument, including metal nail clippers, cuticle pushers,

cuticle nippers, and other metal instruments, used to perform the

service.

(b) The owner or manager of a barber shop, barber school, beauty

shop, specialty shop, beauty culture school, or other facility

licensed under this chapter, Chapter 1601, or Chapter 1602, is

responsible for providing an autoclave or a dry heat,

ultraviolet, or other department-approved sterilizer for use in

the shop or school as required by Subsection (a). An autoclave

or a dry heat, ultraviolet, or other department-approved

sterilizer used as required by Subsection (a) must be listed with

the United States Food and Drug Administration.

the manufacturer's instructions.

(d) This section does not apply to:

(1) single-use instruments; or

(2) nonmetal nail files, buffer blocks, pumice stones, nail

brushes, or other similar instruments.

(e) The commission may adopt rules to administer this section.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 19, eff. June 15, 2007.

SUBCHAPTER I. DENIAL AND DISCIPLINARY PROCEDURES

Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The

department shall deny an application for issuance or renewal of,

or shall suspend or revoke, a certificate, license, or permit if

the applicant or person holding the certificate, license, or

permit:

(1) engages in gross malpractice;

(2) knowingly continues to practice while having an infectious

or contagious disease;

(3) knowingly makes a false or deceptive statement in

advertising;

(4) advertises, practices, or attempts to practice under another

person's name or trade name;

(5) engages in fraud or deceit in obtaining a certificate,

license, or permit; or

(6) engages in an act that violates this chapter, Chapter 51,

Chapter 1601, or Chapter 1602 or a rule or order adopted or

issued under those chapters.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1603.451. INJUNCTIVE RELIEF. (a) If a certificate,

license, or permit holder commits a violation of this chapter,

Chapter 1601, Chapter 1602, or a commission rule and the

violation poses a serious threat to the public health, the

attorney general shall initiate a suit for injunction and

proceedings for suspension or revocation of the certificate,

license, or permit.

(b) In seeking an injunction under this section, the attorney

general is not required to allege or prove:

(1) that an adequate remedy at law does not exist; or

(2) that substantial or irreparable damage would result from the

continued violation.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.452. CIVIL PENALTY. (a) A barber, barbershop owner,

barber school, or private beauty culture school that violates

this chapter, Chapter 1601, Chapter 1602, or a commission rule is

liable for a civil penalty in addition to any injunctive relief

or other remedy provided by law.

(b) The amount of the civil penalty for a barber or barbershop

owner may not exceed $25 a day for each violation.

private beauty culture school may not exceed $1,000 a day for

each violation.

(d) The attorney general may sue to collect the civil penalty.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is not

required to give an appeal bond in a cause arising under this

chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The attorney

general shall represent the department in an action to enforce

this chapter, Chapter 1601, or Chapter 1602.

Added by Acts 2005, 79th Leg., Ch.

798, Sec. 1.01, eff. September 1, 2005.

Sec. 1603.455. EMERGENCY ORDERS. (a) The executive director

may issue an emergency order to suspend or revoke a license or

permit issued, or to cease the operation of an unsafe facility

regulated, by the department under this title if the executive

director determines that an emergency exists requiring immediate

action to protect the public health and safety.

(b) The executive director may issue the emergency order with or

without notice and hearing as the executive director considers

practicable under the circumstances.

hearing, the executive director, not later than the 10th day

after the date the emergency order was issued, shall set the time

and place for a hearing conducted by the State Office of

Administrative Hearings to affirm, modify, or set aside the

emergency order. The executive director shall set the hearing

for a date not later than the 30th day after the date the time

and place for the hearing are set. The hearing examiner shall

affirm the order to the extent that reasonable cause existed to

issue the order.

(d) The commission by rule may prescribe procedures for the

issuance and appeal of an emergency order under this section,

including a rule to allow the commission to affirm, modify, or

set aside a decision by the State Office of Administrative

Hearings under Subsection (c).

(e) A proceeding under this section is a contested case under

Chapter 2001, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 20, eff. June 15, 2007.

Sec. 1603.456. CEASE AND DESIST ORDERS. The executive director

may issue a cease and desist order, after notice and opportunity

for hearing, if the executive director determines that the order

is necessary to prevent a violation of:

(1) this chapter, Chapter 1601, or Chapter 1602; or

(2) a rule adopted by the commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

1049, Sec. 20, eff. June 15, 2007.

State Codes and Statutes

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