Cosmetology

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News and Updates

TDLR Adopts Rule Review

At their meeting held January 11, 2019, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 83, Cosmetologists, effective January 25, 2019.

The rule review adoption was published in the February 8, 2019 issue of the Texas Register (44 TexReg 597).

TDLR encourages all persons interested in the Cosmetologists program to review the rule review adoption.

SHEARS Student Enrollment Video

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

Cosmetology School Closures

Our first priority is to provide answers to common questions for students affected by a Cosmetology School closure. Please visit the Cosmetology School Closure Information for Students page.

Please see the U.S. Department of Education document: Information for Students Affected by the Closure of Education Corporation of America Schools (PDF) regarding the recent closure of Virginia College in Lubbock.

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.

Sign Required for All Cosmetology Establishments and Schools

Beginning February 1, 2018, all cosmetology businesses - including mini-salons, specialty salons, mobile salons, and schools - are required by Texas law to display a sign with information about available services and assistance to victims of human trafficking. TDLR has created three signs for you to choose from – download one and use in your place of business. All signs are designed to print in color or black and white:

The sign must be placed in a prominent location where it can be seen by the public.

Background

On September 1, 2017, the provisions of House Bill 2552 went into effect, which require that any business holding a license issued under Chapter 1602 of the Occupations Code display a sign concerning services and assistance to victims of human trafficking. The law states:

“Sec. 1602.408. POSTING OF CERTAIN NOTICES REQUIRED. (a) In this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under this chapter.
(b) A licensed facility shall display a sign approved by or acceptable to the commission or the department concerning services and assistance available to victims of human trafficking.
(c) The sign required by this section must be in English, Spanish, and Vietnamese and include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.
(d) The commission by rule shall establish requirements regarding the posting of signs under this section.”

Frequently Asked Questions

1. What is human trafficking?
Human trafficking is modern-day slavery and involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. Human trafficking is a hidden crime as victims rarely come forward to seek help because of fear of the traffickers, fear of law enforcement, and/or language barriers. For more information on human trafficking, visit the Office of the Attorney General website.

2. Why are we required to display the sign?
The requirement was added by House Bill 2552, which passed in the 2017 legislative session and was signed into law by Governor Greg Abbott on June 15, 2017. The sign requirement is now part of the Cosmetology law.

3. Does every mini-salon need to display the human trafficking information sign?
Yes. The law requires each licensed cosmetology business to display the sign. This includes each mini-salon, specialty salon, mobile salon, and school.

4. What happens if I don’t display the sign?
TDLR inspectors will have copies of the sign available during their upcoming inspections in case your business does not have the sign displayed. If an inspector returns for a future inspection and the sign is still not displayed, then a violation may be noted on your inspection report.

More information on how to combat human trafficking:

SCAM ALERT! – Fake TDLR Letters Demand Money with Green Dot MoneyPak Cards

(Tieng Viet / En Español)

TDLR received reports of a scammer mailing fake TDLR letters to license holders. The scammer is targeting people with previous TDLR violations and will likely mention those violations. He may also say he is from the “sheriff’s office” or “OSHA” and may indicate he is trying to help the business owner.

This sophisticated scam includes falsely telling business owners their license is suspended and instructing them to get a “Business Surety Bond.” The scammer also demands money or payment with Green Dot MoneyPak cards.

It appears the scam targets Vietnamese and Spanish speakers by providing false TDLR phone numbers for these languages.

Please see the attached example of one type of scam letter we have seen recently.

Remember:

  • TDLR will never ask you to pay a penalty or fine without first sending a Notice of Alleged Violation to you by certified mail.
  • TDLR will never request or accept money or gift cards under any circumstances while visiting your business.
  • TDLR does not request or accept payments via Green Dot MoneyPak cards.

If you receive a suspicious call or email like this, please contact your local law enforcement agency immediately. Please also call TDLR at 800-803-9202 to verify we did not contact you.

Scams like this one can happen anywhere. Please use the information above to identify any suspicious or potentially illegal activity. Impersonating a public servant is a third-degree felony under the Texas Penal Code.

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.

Frequently Asked Questions

1. Why does my school need to provide this notice?
During the 85th Legislative Session, the Legislature passed House Bill 1508 that requires notice be provided to students in an educational program that prepares individuals for issuance of an occupational license. House Bill 1508 takes effect on September 1, 2017. (Chapter 53, Texas Occupations Code). Entities and schools that provide educational programs to prepare an individual for issuance of an initial occupational license must provide this notice.

2. What information should the notice include?
Section 53.152 of the Occupations Code requires entities or schools to notify each applicant to and enrollee in the educational program of the following information:

  1. the potential ineligibility of an individual who has been convicted of an offense for issuance of an occupational license after completion of the educational program;
  2. the current criminal history guidelines issued under Section 53.025, Occupations Code, by any licensing authority that may issue an occupational license to an individual who completes the educational program;
  3. any other state or local restriction or guideline used by a licensing authority described by Subdivision (2) to determine the eligibility of an individual who has been convicted of an offense for an occupational license issued by the licensing authority; and
  4. the right to request a criminal history evaluation letter under Section 53.102, Occupations Code.

3. Who needs to receive this notice?
House Bill 1508 requires notice to each enrollee in and applicant to an educational program. Notice must be provided to individuals who are enrolled in an educational program subject to the notice requirement on or after September 1, 2017, and to individuals who apply for enrollment in the program on or after September 1, 2017.

4. How do we provide this notice?
Each entity or school required to provide notice is responsible for determining how best to provide the notice information to applicants and enrollees. TDLR has developed a suggested notice and acknowledgement form to provide guidance on how to provide this information. The form is available for download.

5. What happens if this notice is not provided?
If TDLR determines that the entity or school providing the educational program failed to provide the notice required by Section 53.152, Occupations Code, to an individual entitled to receive the notice and that individual was denied a license because the individual has been convicted of an offense, the law requires TDLR to order the entity or school to:

  1. refund the amount of any tuition paid by the individual to the entity or school; and
  2. pay to the individual an amount equal to the total of the following, as applicable:
    1. the amount of any application fees paid by the individual to TDLR; and
    2. the amount of any examination fees paid by the individual to TDLR or an examination provider approved by TDLR.

6. Do these requirements apply only to programs regulated by TDLR?
No. House Bill 1508 requires all entities or schools that provide educational or training programs that prepare students for occupations that require an occupational license to provide the notice to its enrollees and persons who apply for enrollment in the programs. The information given here simply refers to schools and entities regulated by TDLR. For information regarding a school or educational entity not regulated by TDLR, refer to the agencies that regulate those particular programs.

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.


Advisory Board Meetings

Previous Meeting - October 1, 2018

The Advisory Board on Cosmetology met October 1 in Austin. The agenda and staff reports are online. The meeting was archived and is available on TDLR's YouTube channel.