Administrative Rule Review Adoption
Chapter 82. Barbers
(effective January 25, 2019)
The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 82, relating to the Barbers program. The Notice of Intent to Review was published in the August 24, 2018, issue of the Texas Register (43 TexReg 5547). The public comment period closed on September 24, 2018.
Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Barbers program under Texas Occupations Code, Chapters 1601 and 1603, were scheduled for this four-year review.
The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapters 1601 and 1603. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the Barber rules specifically: (1) provide a barber school tuition protection account; (2) detail the licensing requirements; (3) specify health and safety standards; (4) design a standard curriculum; and (5) establish the fees at are specific to this program. The Department received three public comments in response to the Notice of Intent to Review.
Two comments were regarding barber school curriculum. One commenter would like to see an apprenticeship path for licensure.
At its meeting on January 11, 2019, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, re-adopted the rules at 16 TAC, Chapter 82, Barbers, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 82, Barbers.
Issued in Austin, Texas on January 25, 2019.
Texas Department of Licensing and Regulation