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Letter from DSHS Commissioner

Dear TDLR Licensee,

As we continue to navigate this pandemic, we want to thank you for your efforts to run your business while helping contain the spread of COVID-19. While we may all be different employers, we are one Texas.

A healthy Texas is the foundation of a healthy society and economy. I applaud your efforts to safeguard the health of employees and customers. Your actions keep individuals employed and contribute valuable services to our vibrant economy.

The Texas Department of State Health Services (DSHS) created COVID-19 communication tools to help you operate your business safely. Tools include videos, social media graphics and animations, plus printable posters. You also have access to minimum recommended health protocols for safe operation. Materials are available in English, Spanish, and Vietnamese.

The materials promote health safety practices. You can display posters in high-traffic areas such as entrances, lobbies, restrooms and break rooms. You can post social media content on your channels. You can also feature these messages in employee communication. And you can share these resources with others to use.

To access these materials, please visit the DSHS COVID-19 Communication Tools webpage.

As a responsible business leader, you can be a part of the solution. Let’s work together for a #HealthyTexas.

 

Signed,

John Hellerstedt, MD,

DSHS Commissioner 

P.S. We can stop the spread of COVID-19. But it has to be all of us — working together for a #HealthyTexas. Here are some simple steps we can all take to slow the spread of COVID-19:

  • Wash your hands often for 20 seconds.
  • Use hand sanitizer if no soap and water are available.
  • Wear a cloth face covering in public and in large gatherings.
  • Cover coughs and sneezes with a tissue, then throw the tissue away.
  • Avoid touching your eyes, nose and mouth with unwashed hands.
  • Disinfect surfaces, buttons, handles, knobs and other high-touch surfaces.
  • Stay six feet apart from others.
  • Avoid close contact with people who are sick.
  • If you’re sick, get tested, then stay home.

Revised Guidelines for Barbering

In conjunction with Gov. Greg Abbott’s July 2nd Executive Order (GA-29), the Governor’s Strike Force to Open Texas has revised the guidelines for certain businesses.

Effective immediately, all employees and customers must wear a face covering (over the nose and mouth) while inside a barber shop. Face masks or fabric face coverings must be worn at all times by employers, employees, contractors, and clients while inside the shop, even if individuals are practicing social distancing. Face coverings can be removed temporarily only when necessary to receive a service.

Please note that all barber licensees should follow these health guidelines:

Barbershop Operators

The Strike Force to Open Texas also released guideline for customers to use when visiting a barber shop:

Barbershop Customers

Revised Guidelines for Barbering

Under the June 3 revision to the guidelines, barber shops should continue to operate with at least six feet between operating work stations.

In addition, barber employees should be instructed to understand that young children and persons who are unable to adjust or remove face coverings should not be regarded as suitable candidates for wearing face coverings. The decision is up to the individual or their parent, guardian or attendant.

Barber and Cosmetology Practical Exams to Resume June 1

While Governor Abbott’s Executive Order GA-23 expands the re-opening of businesses throughout Texas, TDLR has worked with our exam vendor, PSI, to resume practical examinations for the barber and cosmetology industries. All exam sites have adjusted schedules and reduced capacity in accordance with CDC and state social distancing guidelines. Additionally, TDLR has reviewed and approved PSI’s health protocols to ensure they meet all state guidelines regarding COVID-19.

Under these restrictions, TDLR will resume barber and cosmetology practical exam delivery at all 8 PSI sites across Texas starting Monday, June 1, 2020.

Please visit PSI’s COVID-19 page for more information on rescheduling.

Clarification on Temporary Distance Education

The Governor’s Executive Order dated May 5, 2020, allowed Barber and Cosmetology schools and Massage schools to reopen on May 18, 2020. The Texas Department of Licensing and Regulation (TDLR) understands there are still concerns as plans are made to open Texas while minimizing the spread of COVID-19, including temporary restrictions to ensure continued social distancing as our communities resume normal activities in a safe manner.

Due to these concerns, schools can continue to utilize temporary distance learning and virtual learning to complete all technical standards for the theory and practical portion of a course. This allows schools to determine when they can safely transition students back into their traditional brick and mortar classrooms. TDLR’s goal is to enable schools to continue to teach their students despite the current circumstances related to COVID-19.

TDLR’s temporary provisions are in line with the U.S. Department of Education and provide flexibility to schools to help students complete their course work while effectively developing the job skills and knowledge to obtain a license in Texas. However, remote practical instruction does not include internship or apprenticeship instructional hours.

Schools engaging in the delivery of distance education with remote instruction must ensure that all hours are properly accounted for each student engaged in the remote theory and practical hours of instruction, including record of attendance and time clock records. Additionally, schools must ensure the identity of the distance-learning student, the student/instructor ratio limitation, and the student’s ability to be equipped with the proper tools to effectively demonstrate the practical applications. Schools must maintain compliance with all statutory requirements.

Schools should notify TDLR when the school resumes all regular, traditional on-campus classes or activities and ceases temporary distance education. Notice should be provided by email at Education@tdlr.texas.gov

These provisions will remain in place until further notice.

Attorney General Issues Guidance Re: Barbershop, Cosmetology Salon, Nail Salon, Esthetician Salon, Massage Establishment and Laser Hair Establishments Closures

Yesterday, the Texas Attorney General's Office released a guidance letter to address questions relating to Governor Abbott's Executive Order GA-18. Barbershops, cosmetology salons (including nail and esthetician), massage establishments, and laser hair establishments must remain closed until further notice. The Governor's order overrides conflicting local and county orders.

Cosmetology Salons, Nail Salons, Estheticians, Mini-Salons, Barber Shops, Laser Hair Removal Establishments and Massage Therapy Establishments Remain Closed

Under Executive Order GA-18 issued by Gov. Greg Abbott on April 27, all cosmetology salons (including nail salons, estheticians, and mini-salons), barber shops, laser hair removal establishments and massage establishments shall continue to remain closed. Executive Order GA-18 overrides all local and county orders.

Whether a salon or shop is a sole proprietorship or not, they are to remain closed until Executive Order GA-18 is amended or rescinded.

Thank you for continuing to do your part to keep Texas safe by remaining closed. To read more about the Governor's plan to reopen Texas, please go to https://gov.texas.gov/uploads/files/organization/opentexas/OpenTexas-Report.pdf.

Governor's Order Re-Opening Retail Businesses

The Governor's Executive Order today focuses on retail businesses. It continues the closure of cosmetology salons, barber shops or massage establishments for services. Starting April 24, those businesses may sell products via pickup, delivery by mail or delivery to the customers’ doorstep in strict compliance with the terms required by the Texas Department of State Health Services, which can be found at https://www.dshs.texas.gov/coronavirus. Gov. Abbott stated today that the next step in the re-opening process for Texas will be announced April 27. Please continue to go to our COVID-19 page for updates, and sign up for our email updates as well.

Justification for Adoption of Administrative Rules

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to the Barbers program rules at (16 Texas Administrative Code, Chapter 82, §§82.10, 82.20 - 82.22, 82.28, 82.52, 82.70, 82.72, 82.74, 82.80, 82.120, and new rule §82.77). The adopted rules implement necessary changes as required by House Bill 2847, 86th Legislature, Regular Session (2019), increasing the inspection cycle for establishments that provide certain services, providing for the regulation of remote service businesses and digitally prearranged remote services, including recommendations from the Advisory Board’s workgroups to reduce regulatory burdens by removing outdated requirements for schools, and providing more clarity to the industry by using updated and standardized terminology. The adopted rules also lower the number of hours required to obtain a Class A Barber license from 1,500 to 1,000 hours.

The adoption justification was published in the March 6, 2020, issue of the Texas Register (45 TexReg 1688). The updated rule chapter is available since its effective date of March 15, 2020.

Notice to Educational Providers

The health and safety of all our licensees is of the utmost importance. To proactively address the concerns regarding COVID-19, the Texas Department of Licensing and Regulation (TDLR) will allow Barber schools to utilize technologies such as videos of hands on work, electronic learning, virtual learning, and other practices that would effectively deliver the practical portion of the school’s curriculum to ensure that a student develops the job skills and knowledge to obtain a license in Texas.

Schools must ensure that all hours are properly accounted for each student engaged in remote practical applications, in accordance with Chapter 82, Section 82.72, including a record of attendance and time clock record. Additionally, schools must ensure the identity of the distance learning student, the student/instructor ratio limitation, and the student’s ability to be equipped with the proper tools to effectively demonstrate the practical applications.

Remote practical instruction does not include internship or apprenticeship instructional hours. TDLR’s goal is to enable schools to continue to teach their students despite the current circumstances related to COVID-19.

Licensed Schools impacted by COVID-19 can notify TDLR by email at education@tdlr.texas.gov with the subject line of the email as “COVID-19 remote practical instruction” and provide the following information:

  • School name and license number;
  • Type of delivery method, including the platform, technology, or program being used for distance education;
  • Verification that the school will maintain photo or video evidence to confirm the practical work attendance; and
  • Type of method which will be used for tracking student attendance, including hours completed.

These provisions will remain in place until further notice.

Provisions for Temporary Emergency Distance Education - Barber, Cosmetology, Driver Education and Massage Schools

The health and safety of all our licensees is of the utmost importance. To proactively address the concerns regarding COVID-19, the Texas Department of Licensing and Regulation (TDLR) has enacted temporary emergency distance education provisions to allow current licensed schools to offer distance education limited to the theory hours of instruction to not exceed more than 50 percent of the course. TDLR’s temporary emergency provision is in line with the Department of Education to provide flexibilities for schools to help students complete their course work. 

Courses taught by distance education will not satisfy requirements of practical (hands-on) portions of course curriculum. The goal of the department is to enable schools to continue to teach their students despite the current outbreak of COVID-19.

Licensed Schools that may be impacted by COVID-19 can notify the department by email TDLR at education@tdlr.texas.gov with the subject line of the email as “COVID-19 Temporary Emergency Distance Education Request” and provide the following information:

  • School name and license number
  • Type of delivery method, including the technology or program being used for distance education
  • Type of method which will be used for tracking student attendance, including hours completed
  • Timed outline indicating the portion of the course or curriculum which will be completed by distance education

Temporary emergency distance education accommodations will remain in place until further notice.

Reduction of the Class A Barber 1500-Hour Course to 1000-Hour Course

The Texas Commission of Licensing and Regulation (Commission) adopted amendments to 16 Texas Administrative Code §82.120 which reduced the number of course instruction hours required to obtain a Class A Barber license from 1,500 hours to 1,000 hours.

The Executive Director of the Texas Department of Licensing and Regulation (TDLR) has determined that the highest priority for successful implementation of the rule amendments is a smooth transition for schools and students, with little or no disruption in class schedules during the transitional period.

To implement the change in rule, TDLR is conditionally approving all schools operating a licensed 1500-hour Class A Barber course to enroll students in a 1000-hour Class A Barber course beginning May 1, 2020.

This conditional approval is valid from May 1, 2020 to August 31, 2020. TDLR will continue to recognize the validity of a 1500-hour course enrollment begun prior to May 1, 2020, which will allow currently enrolled students to complete their education.

To continue offering a 1000-hour Class A Barber course after August 31, 2020, licensed barber schools must have applied for and received a certificate of approval for their course. All courses must meet the updated industry standards adopted under 16 Texas Administrative Code Chapter 82, Section 82.120.

Barber schools may continue offering 1500-hour Class A Barber courses. However, beginning May 1, 2020, TDLR certificates of approval for Class A Barber courses will only reflect approval for 1,000 hours of instruction, as outlined in 16 Texas Administrative Code Chapter 82, § 82.120.

TDLR commends the commitment of barber schools to excellence in education and to their student’s need for advanced education. However, once an individual has obtained 1,000 hours of instruction, they have met the education requirement for a Class A Barber License in accordance with Texas occupations Code Chapter 1601, Section 1601.254. Any additional hours offered by schools above the 1,000 hours required by statute and rule are not required for someone to obtain a license.

The Commission determined that the public health and safety is protected by requiring schools to teach the technical requirements in 16 Texas Administrative Code §82.120 and provides students with the foundational knowledge, skills, and abilities to successfully operate as licensed barbers.

For more information, please see the frequently asked questions.

For questions or concerns regarding this notice, please contact TDLR’s Education and Examination Division at SHEARS@tdlr.texas.go

Your Voice Matters: TDLR Wants Your Input on Proposed Disaster Recovery Rules

The Texas Department of Licensing and Regulation (TDLR) would like your comments and suggestions regarding proposed new rules to assist with recovery efforts when the Governor declares a disaster under Government Code, Chapter 418. As part of our Core Value of open and free communication we are asking for your feedback on these proposed rules before we file them with the Texas Register as required by the Administrative Procedures Act.

The proposed new Disaster Recovery Rules include provisions for:

Obtaining and renewing an emergency license, and alternative license requirements for the following license types: Air Conditioning and Refrigeration Contractors, Air Conditioning and Refrigeration Technicians, Electricians, Consent Tow Truck Permits, Consent Tow Operator License, Tow Company License, Temporary Vehicle Storage Facilities, Out-of-State Healthcare Providers, and Mold Assessment and Remediation Companies.

The proposed new Disaster Recovery Rules, among other things, allow Barber, Cosmetology, and Driver Education Schools to relocate during the declared disaster and waive the filing of reports. The proposed new rules address Water Treatment Records required to obtain an extension for boiler inspections and extend the continuing education requirements for Driver Education Instructors. The new proposed rules waive fees and provide for sanctions and administrative penalties.

Comments may be submitted via email to erule.comments@tdlr.texas.gov, via facsimile to (512) 475-3032, or by mail to Dalma Sotero, Texas Department of Licensing and Regulation, PO Box 12157, Austin, TX 78711. Deadline for receipt of comments is 5:00 pm, September 16, 2019.

SHEARS Student Enrollment Video

Barbering school staff can now view an instructional video that shows how to enroll a barbering student using the Student Hour and Enrollment Automated Reporting System (SHEARS). View the SHEARS student enrollment video

Barber and Cosmetology Schools Now Allowed at the Same Location

TDLR is making an important change to how we license barber and cosmetology schools. Effective immediately, barber and cosmetology schools will be allowed to operate at the same location.

This change will remove impediments for school operators, help streamline our regulations, and make the application review process easier during initial licensing for barbering and cosmetology schools.

Here’s why we’re making this change: Senate Bill 2065 (85th Texas Legislature, 2017) removed the established square footage requirements for schools and stated that the Texas Commission of Licensing and Regulation may not enforce standards for barbering and cosmetology buildings or facilities that are not related to health and safety.

In response to this change in the law, and to the feedback we received during our 2018 Strategic Planning sessions, we evaluated our historic position regarding barber and cosmetology schools operating on the same premises and in the same space.

We have concluded that barber and cosmetology schools can safely operate in the same space; however, schools may not operate in the same space at the same time. Schools who offer both programs must hold both school licenses and meet all requirements for both the barbering and cosmetology programs.

We believe this decision will remove burdens for schools but will not impact the health and safety of students or the standards for the barbering and cosmetology programs.

It is our hope that these changes will provide real cost-savings, especially for public schools with a limited amount of funds and for small business owners who will save on rent, utilities, equipment, supplies, payroll, and maintenance.

Please direct any questions or comments to education@tdlr.texas.gov.

Barber School Approved Curriculum Search

If you are searching for a specific course type being offered in a certain area of the state, use the School Approved Curriculum Search tool.

TDLR Resuming Regular Inspections

Immediately after Hurricane Harvey, TDLR temporarily stopped initial and periodic inspections of Barber, Cosmetology and Driver Education school facilities in the disaster areas. On November 1, 2017, we will resume our regular inspection schedule. We will make every effort to avoid locations damaged by flooding. If a TDLR inspector arrives at a facility being repaired due to Harvey, then the inspector will return at a later date, to complete the inspection.

TDLR is continuing to provide a grace period for expired licenses, waive late renewal fees, provide duplicate license replacements for free, granting additional time to make-up hours at no additional cost to students, granting approval for temporary locations for schools which suffered severe damage, granting waivers for instructional time missed and reporting hours for waived instructional time on behalf of schools in the disaster area.

Please contact education@tdlr.texas.gov if you have questions or need additional information regarding schools or continuing education. Contact TDLR at recovery@tdlr.texas.gov or 1-800-803-9202 to order a duplicate license at no cost. If you need to temporarily change your address, phone number, or email address, please update your contact information online. For more information, visit TDLR’s Harvey web page.

Hurricane Harvey Relief for Schools and Students

TDLR's response to the Hurricane Harvey disaster includes streamlining procedures to help small businesses, our licensees and students recover as quickly as possible.

The following procedures are in effect for all TDLR-licensed schools in the counties listed in Governor Greg Abbott's disaster proclamation during the declared disaster period and any extensions:

  • Immediate relief for students. Cosmetology, Barber and Driver Education students should be granted additional time to make-up hours at no additional cost to the student. Some schools are using Distance Education for displaced students.
  • Extended grace period for expired school licenses. Schools in the affected area with licenses expired beyond the usual expiration limits will be allowed to renew.
  • Temporary locations allowed. Schools needing to relocate to a temporary location can do so without having a temporary license. If relocation is needed, please email your school name, license number, the relocation address, phone number, and email address to Education@tdlr.texas.gov or calling 1-800-803-9202. Please place Harvey in the subject line of your email.
  • Inspections suspended. Schools located in the areas impacted by Hurricane Harvey will not be inspected during the declared disaster period. TDLR's priority is providing assistance and ensuring the safety of students and faculty. We will resume inspections once the disaster period has ended.

TDLR is committed to helping our fellow Texans through the recovery process, and we stand ready to assist in any way we can.

Notice for All Schools and Educational Programs Licensed by TDLR

As of September 1, 2017, House Bill 1508 requires that all entities providing educational or instructional programs that prepare a student for an occupation or vocation requiring a TDLR license to:

    1. Inform the student or program participant that eligibility for a TDLR license could be affected by the person’s criminal history;
    2. Notify students and participants that TDLR is responsible for having in place guidelines regarding a license applicant's criminal history, and to include information on an applicant's ability to be licensed under those guidelines;
    3. Provide students with information on other state or local restrictions that would affect the student’s eligibility for an occupational license issued by TDLR;
    4. Inform students of the student's right to request a criminal history evaluation letter from TDLR;
    5. Provide all persons who enroll in their program with notice of the requirements as described above, regardless of whether or not the person has been convicted of a criminal offense.

An educational entity or training program operator who fails to provide this information to a person who is enrolled in their course may be liable for tuition or application fees paid by any student who is denied a TDLR license due to the existence of a criminal conviction. (see more information)

Important Information on Shampoo Apprentice Permits, Shampoo Specialty Certificates, and Threading

Senate Bill 2065 was passed by the 85th Texas Legislature and signed into law by Gov. Greg Abbott on June 15, 2017. S.B. 2065 deregulates statewide regulation of hair shampooing and conditioning and clarifies that the practice of threading does not require a barber, cosmetologist, or specialty license. All existing shampoo apprentice permits and shampoo specialty certificates will expire on September 1, 2017.

Since a shampoo apprentice permit or a shampoo specialty certificate will no longer be required after September 1, 2017, TDLR has extended the expiration dates for all active shampoo apprentice permits and shampoo specialty certificates to September 1, 2017.

Effective immediately, TDLR is no longer accepting new or renewal applications for the shampoo apprentice permit or the shampoo specialty certificate. Any new or renewal applications for these permits or certificates will be returned to the sender. We do not plan on mailing out revised permits or certificates, but the extended expiration dates can be verified through the license search feature on our website.

If you have any questions, please contact us at (800) 803-9202 or (512) 463-6599, or email customer service.

Whirlpool Foot Spa Cleaning Videos

TDLR has created a web video on cleaning procedures after each client. Videos are available in English, Spanish, and Vietnamese.

SCAM ALERT! — Man Posing as TDLR Inspector Attempts to Collect Money from Cosmetologists

(Tieng Viet / En Español)

TDLR received reports of a man posing as a TDLR inspector to try to take money from cosmetologists. According to the reports, the suspect called salons in Stafford and falsely identified himself as a TDLR inspector. He attempted to set a time for an inspection where he would collect inspection fees.

***NOTE: A real TDLR inspector will never request or accept money under any circumstance while visiting a salon.***

Please contact the police immediately if you encounter this individual. If you believe this individual has visited your salon or you have any concerns, please contact TDLR customer service at 800-803-9202 or by email.

Real TDLR inspectors visiting a salon CANNOT and WILL NOT:

- charge for performing an inspection;
- accept payment of license fees;
- request money for violations; or
- charge for copies of an inspection.

Real TDLR inspectors WILL:

- introduce themselves;
- show their State of Texas employee ID card;
- provide their contact information upon request;
- provide their TDLR business card upon request; and
- provide a Proof of Inspection report before leaving

Scams like this one can happen anywhere. Please use the info above to identify suspicious or potentially illegal activity. Impersonating a public servant is a third-degree felony under the Texas Penal Code. If you believe this individual has visited your salon or you have any concerns, please contact TDLR customer service at 800-803-9202 or send us a message.

More than 16,000 Licensed Barbers in Texas

barber pole mascot photoThis month, the Barbers program reached a big milestone: there are now more than 16,000 licensed barbers in the state of Texas! As you can see from the numbers below, every two years Texas gains another 1,000 barbers.

“This is a huge milestone for the barbering industry in Texas," said Brian Francis, Texas Department of Licensing and Regulation’s Executive Director. "The industry is thriving and growing."

  • 1/2017: 16,039 Class A Barbers
  • 1/2015: 15,001
  • 1/2013: 14,094
  • 1/2011: 13,256

Advisory Board Meetings

October 5, 2020

The Advisory Board on Barbering met October 5, 2020 via videoconference. The agenda and staff reports are available online. The meeting was archived and is available on TDLR’s YouTube channel.


Information for Military Service Members, Veterans, and Spouses

For more information about obtaining a TDLR license or renewing a TDLR license that expired while serving on active duty, please go to the Military Outreach home page.

Military Spouses - To apply for a Barber license please use the Barber License by Examination Application and attach the Military Service Member, Military Veteran, or Military Spouse Supplemental Application. To apply for a Barber Instructor license please use the Barber Instructor License by Examination Application and attach the Military Service Member, Military Veteran, or Military Spouse Supplemental Application.