Barbering Proposed Administrative Rules

Chapter 82. Barbers

Proposal Filed: September 22, 2017 – Published in the Texas Register:  October 6, 2017

Deadline for Public Comment: November 6, 2017

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20, 82.22, 82.23, 82.29, 82.40, 82.50, 82.52, 82.54, 82.70 - 82.72, 82.78, 82.80, 82.102, and 82.108; and proposes the repeal of current §82.53, regarding the Barbers program.

Justification and Explanation of the Rules

The Texas Legislature enacted Senate Bill 1503, Senate Bill 2065, House Bill 2738, House Bill 2739, 85th Legislature, Regular Session (2017). The proposed amendments and repeal include removing the requirement for a shampoo apprentice permit or shampoo specialty certificate; eliminating risk-based inspections; clarifying the definition of barbering to exclude threading; authorizing licensed schools to account for hours on the basis of clock or credit; allowing standards to be established for equivalency and conversion of clock to credit hours and vice versa; removing square footage, chair, and sink requirements for barber schools; and distinguishing between larger and specialty school requirements. The proposed amendments and repeal are necessary to implement the legislative changes.

The proposed amendments to §82.10 corrects a reference.

The proposed amendments to §82.20 adds the word “specialty” to match current statutory language.

The proposed amendments to §82.22 adds a reference regarding specialty shop permits.

The proposed amendments to §82.23 removes specific requirements for barber schools. 

The proposed amendments to §82.29 clarifies the current requirements for an establishment relocation or change of ownership.  

The proposed amendments to §82.40 increases the amount per claim that a student may receive in the event of a school closure.

The proposed amendments to §82.50 removes the reference to risk-based inspections.

The proposed amendments to §82.52 removes risk-based inspections as part of periodic inspections.

The proposed repeal of §82.53 removes risk-based inspections and the classifications.

The proposed amendments to §82.54 allows individuals a full ten days to complete the necessary modification after an inspection.

The proposed amendments to §82.70 corrects language to make it consistent throughout the chapter.

The proposed amendments to §82.71 remove shampoo permit requirements, make language consistent, and correct a reference. 

The proposed amendments to §82.72 remove shampoo requirements and outdated language and establish equivalency and conversion standards between credit and clock hours.

The proposed amendments to §82.78 clarifies language and updates a reference.

The proposed amendments to §82.80 removes fees relating to risk-based inspections and renumbers the section accordingly.

The proposed amendments to §82.102 streamlines language for clarity and quick reference.

The proposed amendments to §82.108 makes an editorial change.

Fiscal Impact On State and Local Government

Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed rules are in effect, there may be additional estimated costs to the State as a result of enforcing or administering the rules. The rules remove specific square footage and equipment requirements for barber schools. Removing these requirements could increase the number of applications, licenses, and inspections for barber schools. However, at this time, the Department is unable to estimate the amount or increase in barber schools as a result of these rules. For the first five-year period the proposed rules will not result in any estimated reductions in costs to the State. 

For each year of the first five-years the rules will be in effect, there will not be an estimated loss in revenue to the State. Additionally, there may be an increase in revenue to the State as a result of enforcing or administering the proposed rules due to the removal of specific square footage and equipment requirements for barber schools. Removing these requirements could increase the number of application and inspection fees paid for barber schools. However, at this time, the Department is unable to estimate the amount or increase in barber schools as a result of these rules.

Mr. Francis has also determined that for each year of the first five-year period the proposed rules are in effect there will be no additional estimated costs or estimated reductions in costs to local government as a result of enforcing or administering the proposed rules. Furthermore, there will be no estimated loss or increase in revenue to local governments as a result of enforcing or administering the proposed rules.

Local Employment Impact Statement

Mr. Francis has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

Public Benefits

Mr. Francis also has determined that for each year of the first five-year period the proposed rules are in effect, the public will benefit by the removal of square footage and equipment requirements. This proposed rule change will allow more individuals, particularly in rural areas, to operate barber schools and would potentially lower costs for purchasing space or equipment. The proposed rules raise the maximum reimbursement amount per student from the Barber School Tuition Protection Account, which will provide more assistance to students for lost tuition in the event of school closures. Additionally, the proposed rules will now provide facility owners a full ten days to complete corrective modifications and additional time to notify the Department of those modifications. The proposed rules also provide schools with additional guidance for operating on clock or credit hours.

Probable Economic Costs to Persons Required to Comply with Proposal

Mr. Francis has determined that for each year of the first five-year period the proposed rules are in effect, there will be no significant economic cost to persons required to comply with the proposed rules.

Fiscal Impact on Small Businesses, Micro-Businesses, and Rural Communities

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules.

Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

One-for-One Requirement for Rules with a Fiscal Impact

Under Government Code §2001.0045, a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule.  There are exceptions for certain types of rules under §2001.0045(c).

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

Public Comments

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

Statutory Authority

The amendments are proposed under Texas Occupations Code, Chapters 51, 1601 and 1603, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1601 and 1603.  No other statutes, articles, or codes are affected by the proposal.

§82.10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (4) (No change.)

(5) Barber Technician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (F), and (G) [and (I)].

(6) - (35) (No change.)

§82.20. License Requirements--Individuals.

(a) - (h) (No change.)

(i) Barber Technician/Manicurist Specialty License--To be eligible for a Barber Technician/Manicurist Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.262.

(j) Barber Technician/Hair Weaving Specialty License--To be eligible for a Barber Technician/Hair Weaving Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.263.

(k) (No change.)

§82.22. Permit Requirements--Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, Mini-Dual Shops, Mobile Shops, and Booth Rental.

(a) - (b) (No change.)

(c) Specialty Shop Permit--To be eligible for a Specialty Shop Permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.304 and §1601.305. The categories of Specialty Shop Permits issued by the department are: manicurist and hair weaving.

(d) - (h) (No change.)

§82.23. Permit Requirements--Barber Schools.

(a) - (c) (No change.) 

(d) Barber schools that offer instruction to persons seeking a certificate, license, or permit under this chapter must have and maintain at a minimum the following:

(1) a building of permanent construction that must include classroom and practical areas covered in a hard-surface floor covering of tile or other suitable material [and that must also include access to permanent restrooms, adequate drinking fountain and adequate lighting for each room];

[(2) in municipalities with populations of more than 50,000 the building must have a minimum of 2,000 square feet of floor space.  In municipalities with populations of 50,000 or less or in an unincorporated area of a county, the building must have a minimum of 1,000 square feet of floor space.  Population shall be determined according to the most current decennial census compiled by the United States Census Bureau;]

[(3) at least 10 student work stations that include a chair that reclines, a back bar, and a wall mirror;]

[(4) a sink behind every two workstations;]

[(5) a liquid sanitizer for each workstation;]

[(6) at least 10 classroom chairs and other materials necessary to teach the required subjects;]

(2) [(7)] access to permanent restrooms and adequate drinking fountain facilities; and

(3) [(8)] adequate space, equipment, lighting, and instructional materials to provide quality classroom training to the number of students enrolled [lighting for each room].

(e) Barber schools must comply with all health and safety standards established by this chapter.

§82.29. Establishment Relocation, Change of Ownership, Owner Death or Incompetency.

(a) - (b) (No change.) 

(c) If an establishment changes ownership, the new owner must apply for a license within 30 days after the change of ownership. Additionally, a school must be inspected but may continue to operate prior to inspection.  A change of ownership includes the following:

(1) For a sole proprietorship, the licensee no longer owns [and/or operates] the establishment.

(2) For a partnership or limited partnership, the partnership is dissolved.

(3) For a corporation or limited liability company, if [the corporation is] sold to another person or entity. A change of ownership does not include corporate officer or stockholder restructuring.

(4) The death or legal incompetency of the owner.

§82.40. Barber School Tuition Protection Account.

(a) - (e) (No change.)

(f) The total payment of a claim from the account may not exceed $2,500 [$1,000.  The total amount of claims paid against a single closed school may not exceed $5,000 [$2,500].

(g) - (j) (No change.)

§82.50. Inspections--General.

(a) Barber establishments shall be inspected periodically [, according to a risk-based schedule,] or as a result of a complaint.  These inspections will be performed to determine compliance with the requirements of the Act and this chapter, particularly those requirements relating to public safety, licensing, and sanitation.  In addition, the department will make information available to barber establishment owners and managers on best practices for risk-reduction techniques.

(b) - (d) (No change.)

§82.52. Periodic Inspections.

(a) - (d) (No change.)

(e) Based on the results of the periodic inspection, a barber establishment found out of compliance may be reinspected. [may be moved to a risk-based schedule of inspections.  The department will notify the owner of a barber establishment, in writing, if the establishment becomes subject to the risk-based inspection schedule and the scheduled frequency of inspection.]

§82.54. Corrective Modifications Following Inspection.

(a) When corrective modifications to achieve compliance are required:

(1) the department shall provide the owner a list of required corrective modification(s);

(2) within 10 calendar days after receiving the list of required corrective modifications, the owner shall complete all corrective modifications and provide [written] verification, in a manner prescribed by the department, of the corrective modifications, [to the department] within 30 days of completion; and

(3) the department may grant an extension of time, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections.

(b) (No change.)

§82.70. Responsibilities of Individuals.

(a) - (f) (No change.)  

(g) Licensees shall maintain a current mailing address on file with the department and must notify the department within [not later than] thirty days following any change of mailing address.

(h) (No change.)         

§82.71. Responsibilities of Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, and Mini-Dual Shops.

(a) - (o) (No change.)

(p) Shops shall maintain a current mailing address on file with the department and must notify the department within[not later than] thirty days following any change of mailing address.

(q) - (t) (No change.)

(u) Mini-dual shops must:

(1) comply with all requirements of the Act and this chapter applicable to barbershops; and

(2) comply with all requirements of Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 applicable to beauty shops; and

(3) comply with all the requirements for dual shops listed under subsection (s) [(t)].

(v) A person holding a barber shop, mini-barbershop, specialty shop, dual shop, mini-dual shop, or mobile shop license may [not] employ a person who is not otherwise licensed by the department to shampoo or condition a person’s hair [, unless the person holds an active student permit].

§82.72. Responsibilities of Barber Schools.

(a) - (b) (No change.) 

(c) A barber school must have an appropriate number of chairs for the number of students enrolled. [one barber chair available for each student in attendance on the practical floor. Additional students in attendance must be assigned to the beginner's department or theory classroom.]

(d) - (k) (No change.)

[(l) Notwithstanding subsection (j), a student may shampoo and condition a person’s hair in a facility licensed under Texas Occupations Code, Chapters 1601 and 1603.]

(l) [(m)] A barber school shall maintain one album displaying the school's portion of student permits, including affixed picture, of all enrolled students. The permits shall be in alphabetical order. No student may accrue hours for practical work or theory unless the student's permit is displayed in accordance with this subsection.

(m) [(n)] Each barber school approved by the department shall include in its instruction the curricula approved by the department.

(n) [(o)] No business other than the teaching and practicing of barbering can be operated on the premises of a barber school, with the exception of vending machines or retail products directly relating to hair care.

(o) [(p)] A barber school offering distance education must:

(1) obtain department approval before offering a course;

(2) provide students with the educational materials necessary to fulfill course requirements; and

(3) comply with the curriculum requirements set forth in §82.120 by limiting distance education to the maximum number of theory hours designated for each course type.

(p) [(q)] Only a permitted barber school, barbershop, mini-barbershop, dual shop, mini-dual shop, mobile shop, or manicurist specialty shop or a licensed barber may advertise as a "Barber."

(q) [(r)] Schools may establish rules of operation and conduct, which may include rules relating to student clothing, that do not conflict with this chapter.

(r) [(s)] A student enrolled in a barber school must wear a clean uniform or smock during school hours.

(s) [(t)] Barber schools are responsible for compliance with the health and safety standards of this chapter.

(t) [(u)] Alterations to the school's floor plan must be in compliance with the requirements of the Act and this chapter.

(u) [(v)] Barber schools shall notify the department in writing of any name change of the school within thirty days of the change.

(v) [(w)] Barber schools shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

(w) [(x)] At least one time per month, barber schools shall submit to the department an electronic record of each student's accrued hours, in a manner and format prescribed by the department. Delayed data submission(s) are permitted only upon department approval, and the department shall determine the period of time for which a school may delay the electronic submission of data on a case by case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.           

(x) Schools changing from clock hours to credit hours or credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes. Successful completion of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used for conversion between clock hours to credit hour or credit hour to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.

(y) - (dd) (No change.)

§82.78. Responsibilities of Mobile Shops.

(a) (No change.)

(b) A mobile shop license holder shall maintain a permanent physical address as required by §82.22(g) [(e)]. The mobile shop shall notify the department in writing of any change in physical or mailing address within 10 calendar days of the change.

(c) (No change.) 

(d) A mobile shop shall either:

(1) (No change.)

(2) submit to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times of service to be provided. The license holder shall submit the itinerary not less than 7 calendar days prior to the beginning of service described in the itinerary and shall submit to the department any changes in the itinerary not less than 24 hours prior to the change. A mobile shop shall follow the itinerary in providing service and notify the department of any changes.

(e) - (l) (No change.)  

§82.80. Fees.

(a) (No change.)

(b) Renewal Fees:

(1) - (3) (No change.)

[(4) Student Permit--No fee]

(4) [(5)] Specialty Certificate of Registration--Hair Weaving--$30

(5) [(6)] Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving--$65

(6) [(7)] Barbershop Permit--$60

(7) [(8)] Mini-Barbershop Permit--$60

(8) [(9)] Specialty Shop Permit--$50

(9) [(10)] Booth Rental Permit--No fee

(10) [(11)] School Permit--$200

(11) [(12)] Dual Shop--$100

(12) [(13)] Mini-Dual Shop Permit--$60

(13) [(14)] Mobile Shop--$60

(c) - (g) (No change.) 

(h) Initial Inspection or Re-inspection of school [Inspection] Fees (for each occurrence)--$200 [:]

[(1) Initial Inspection or Re-inspection of school--$200]

[(2) Risk-based Inspection Fees for schools and shops--$150]

(i) - (j) (No change.)  

§82.102. Health and Safety Standards--General Requirements.

(a) All licensees shall clean their hands with soap and water or use a hand sanitizer prior to performing any services and as necessary during the services to ensure a client health and safety. All barber establishments and licensees shall utilize clean and disinfected equipment, tools, implements, and supplies in accordance with this Chapter, and shall employ good hygiene habits while providing barbering services.

(b) - (f) (No change.) 

(g) A container, large enough to fully immerse all tools and implements with [of] liquid disinfectant shall be [located at each barber chair or station in a barber establishment to be] used to disinfect combs, brushes, scissors or other equipment which may be safely immersed in a liquid disinfectant.

(h) - (o) (No change.)

§82.108. Health and Safety Standards--Footspas.

(a) - (d) (No change.) 

(e) A record shall be made on a form prescribed [prescribe] by the Department of the date and time of each cleaning and disinfecting indicating whether the cleaning was a daily or bi-weekly cleaning. This record shall be made at or near the time of cleaning and disinfecting. The record shall indicate if a spa was not used at all during any individual work day. Cleaning and disinfecting records shall be made available upon request by either a patron or a Department representative.

(f) -(g) (No change.)  

[§82.53. Risk-Based Inspections]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 22, 2017.

Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation