Justification for Adoption of Administrative Rules

Cosmetologists

16 Texas Administrative Code, amendments to Chapter 83, §§83.10, 83.20 - 83.23, 83.25, 83.28, 83.52, 83.70, 83.72, 83.74, 83.80, and 83.120; and new rule §83.77

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10, 83.20 - 83.23, 83.25, 83.28, 83.52, 83.70, 83.72, 83.74, 83.80, and 83.120; and new rule §83.77, regarding the Cosmetologist program, without changes to the proposed text as published in the January 3, 2020 issue of the Texas Register (45 TexReg 42). 

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 83, Cosmetologists, implement Texas Occupations Code, Chapter 1602, Cosmetologists, and Chapter 1603, Regulation of Barbering and Cosmetology. 

The adopted rules implement necessary changes as required by House Bill (HB) 2847, 86th Legislature, Regular Session (2019).

As required by HB 2847 the adopted rules lower the number of hours required to obtain an Operator License from 1,500 to 1,000, increase the inspection cycle for establishments that provide certain services, and provide for the regulation of remote service businesses and digitally prearranged remote services.

The adopted rules also include recommendations from the Advisory Board’s workgroups to reduce regulatory burdens and providing more clarity to the industry by using more updated and standardized terminology.

The adopted rules and options for the 1000-hour curriculum standards were presented to and discussed by the Advisory Board on Cosmetology (Advisory Board) at its meeting on November 18, 2019. The Advisory Board did not make any other changes to the proposed rules and after considering the options, recommended a curriculum standard for publication. The Advisory Board voted and recommended that the rules be published in the Texas Register for public comment. 

SECTION-BY-SECTION SUMMARY

The adopted rules amend §83.10, by adding definitions for “Digital Network,” “Digitally Prearranged Remote Service,” and “Remote Service Business.” The adopted rules update terminology by removing the incorrect term of “reciprocity”, replacing it with the term “substantial equivalence.” The adopted rules update the scope for certain license types as required by HB 2847 and add the term “standards” after “curriculum.”

The adopted rules amend §83.20, by adding the term “standards” after “curriculum” for clarity, lowering the number of hours required to obtain an Operator License from 1,500 to 1,000, providing for the orderly transition from 1,500 to 1,000-hours for students and schools, and establishing requirements for individuals to notify the Department of their intention to operate a remote service business as established by HB 2847.

The adopted rules amend §83.21, by removing the term “curriculum” for clarity and removing requirements for 1,500-hour program.

The adopted rules amend §83.22, by establishing requirements for beauty salons, specialty salons, dual shops, mobile shops, mini salons, or mini-dual shops to notify the Department of their intention to operate a remote service business as established by HB 2847.

The adopted rules amend §83.23, by updating language for clarity on certificates of approval for curriculum standards.

The adopted rules amend §83.25, by adding the term “standards” after “curriculum” for clarity.

The adopted rules amend §83.28, by updating incorrect use of the term “reciprocity” with the term “substantial equivalence.” 

The adopted rules amend §83.52, by increasing the inspection cycle for certain beauty salons, specialty salons, dual shops, mini-salons, or mini-dual shops from two to four years. Beauty salons, specialty salons, dual shops, mini-salons, or mini-dual shops that practice: treating a person’s nails by cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or pedicuring; or attaching false nails; or massaging, cleansing, treating, or beautifying a person's hands will remain on a two-year inspection cycle.

The adopted rules amend §83.70, by clarifying that a licensee performing digitally prearranged remote services is allowed to perform these services at a location other than a licensed facility, if the appointment is made through a remote service business’s digital network. These adopted rules implement HB 2847.

The adopted rules amend §83.72, by adding the term “standards” after “curriculum” for clarity and updating language and equipment requirements for beauty culture schools to remove regulatory burdens and provide clarity.

The adopted rules amend §83.74, by adding the term “standards” after “curriculum” for clarity.

The adopted rules add new §83.77 regarding remote service business responsibilities. The adopted new rule outlines the requirements for operating a remote service business and the digitally prearranged remote services that may or may not be performed by a licensee working for a remote service business. This new rule implements HB 2847.

The adopted rules amend §83.80, by replacing the incorrect use of the term “reciprocity” with “substantial equivalence.”

The adopted rules amend §83.120, by adding the term “standards” after “curriculum” for clarity, lowering the number of curriculum hours required for an Operator license from 1,500 to 1,000 and updating the curriculum standards for both private and public post-secondary cosmetology schools and for high schools.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the January 3, 2020, issue of the Texas Register (45 TexReg 42). The deadline for public comments was February 3, 2020. The Department received comments from 133 interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment--Forty-seven commenters are against the reduction in hours from 1,500 to 1,000.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

No change has been made to the proposed rules in response to these comments.

Comment--Nineteen commenters are in favor of the reduction of hours from 1,500 to 1,000.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

No change has been made to the proposed rules in response to these comments.

Comment--Fourteen commenters asked specific questions regarding how the reduction in hours will affect them personally.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

These comments raise issue-specific questions about the application of the proposed rules for each commenter. These comments have been referred to the appropriate division for review. 

No change has been made to the proposed rules in response to these comments.

Comment--Nine commenters asked issue-specific questions regarding the transition and implementation of the 1,500 to 1,000-hour change.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The commenters raise issue-specific questions regarding the application and procedures for schools to transition from 1,500 to 1,000. These comments have been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

Comment--Nine commenters submitted suggestions regarding the curriculum standards and suggest more hours be devoted to hair care instead of nails and skin care. 

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The Advisory Board on Cosmetology met on November 18, 2019, to discuss proposed curriculum standards. The Advisory Board members considered several recommendations and discussed the need to ensure that an Operator License is properly trained on hair, nail, and skin care because the license allows them to practice and perform all cosmetology services.

No change has been made to the proposed rules in response to these comments.

Comment--One commenter wanted to know the proposed curriculum standards.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The proposed rules provide for the following curriculum standards:

Hair Care (Cutting, styling, coloring, chemical textures, and related theory and application; business skills; professional develop): 800 Hours

Nail Care (Manicuring and related theory and applications, business skills; professional development and salon management; health; safety; and laws): 100 Hours

Skin Care (Facials, hair removal, and related theory and application; business skills; professional development and salon management; health; safety; and laws): 100 Hours

These comments have been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

Comment--Three commenters would like to know what has been removed from the curriculum because of the reduction in hours.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

There are no changes to the curriculum standards that are required to be taught by beauty schools, only an adjustment in the hours to be taught in each area.

No change has been made to the proposed rules in response to these comments.

Comment--Two commenters would like to see the curriculum changed or updated.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

There are no changes to the curriculum standards that are required to be taught by beauty schools, only an adjustment in the hours to be taught in each area. These comments have been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

Comment--One commenter would like to see the curriculum updated and apprenticeships for salons.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

There are no changes to the curriculum standards that are required to be taught by beauty schools, only an adjustment in the hours to be taught in each area. Apprenticeships are beyond the scope of the proposed rules. The comments have been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter is against the reduction in hours, would like to see changes made to the license so that it can cover multiple occupations, and is frustrated with agency operations.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The comments regarding licensure and agency operations are beyond the scope of the rulemaking.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to have a structure for the curriculum and allow each school to decide the hours.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The curriculum standards are to ensure that all cosmetology students receive minimum instruction in hair, nail, and skin care to ensure minimum competency. The proposed curriculum standards provide less prescriptive curriculum standards and allow schools more flexibility to determine what should be taught. 

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to see corporate beauty schools be required to have licensed cosmetology professionals as directors.

Department Response--The comment on beauty school personnel or business organization is beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like for students to be able to participate in paid internships.

Department Response--The comment regarding paid internships is beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter feels that the reduction in hours will allow the Medical Spa Industry to “consume the Esthetician services” and result in new regulation.

Department Response--The comment regarding the Medical Spa Industry and new regulation are beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to this comment.

Comment--Two commenters would like to know if there has been any change to the Esthetician License requirements.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

There has not been a reduction in the number of hours required to obtain an Esthetician License.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to know if there are any changes to the Manicurist/Esthetician License requirements.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

There has not been a reduction in the number of hours required to obtain a Manicurist/Esthetician License.

No change has been made to the proposed rules in response to this comment.

Comment--Two commenters would like to know more information about “Hyaluron Pen Hyaluric Acid.”

Department Response--The comments regarding “Hyaluron Pen Hyaluric Acid” are beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to these comments.

Comment--One commenter would like to know if they can get their instructor license for 100 hours because they have 1,500 hours.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The commenter raises an issue-specific question. However, there have been no changes to the requirement for obtaining an instructor license.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to know how to obtain an accommodation for their daughter.

Department Response--The comment regarding accommodations for students is beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to obtain their license to do only hair.

Department Response--The comment raises an issue-specific question regarding licensure. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment--Two commenters would like a refund for their school tuition now that the hours have been reduced.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

The comment regarding refunds is beyond the scope of the proposed rules.

No change has been made to the proposed rules in response to these comments.

Comment--Three commenters would like to know how to renew their license.

Department Response--The comments regarding license renewal are beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

Comment--Two commenters would like to submit name changes on their licenses.

Department Response--The comments regarding name changes are beyond the scope of the proposed rules. This comment has been referred to the appropriate divisions for review.

No change has been made to the proposed rules in response to these comments.

Comment--One commenter would like to note that the business was sold and cancel the license.

Department Response--The comments regarding cancellation of a business licenses are beyond the scope of the proposed rules.

This comment has been referred to the appropriate division for review.

No change has been made to the proposed rule in response to these comments.

Comment--One commenter would like to order the rules and regulation book.

Department Response--The comment regarding the cosmetology rules and regulation book is beyond the scope of the proposed rules. This comment has been referred to the appropriate division for review.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter has questions regarding remote services and wanted to know if the law was modeled after the law or rules of another state. 

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which implements remote services.

The Department is unaware of any other state that has similar laws or rules for remote services.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter wanted a copy of the proposed rules.

Department Response--This comment has been referred to the appropriate division for review.

No change has been made to the proposed rule in response to this comment.

Comment: One commenter submitted an email with their name and the name of their hair salon.

Department Response--This comment is beyond the scope of the proposed rules. No change has been made to the proposed rules in response to this comment.

Comment--One commenter asked specific questions regarding how the reduction in hours will affect them personally and is in favor of the proposed reduction in hours.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

This comment raises a specific question about the application of the proposed rules. This comment has been referred to the appropriate division for review. 

No change has been made to the proposed rules in response to this comment.

Comment--One commenter would like to know how students will be affected by the reduction in hours and how the examination will change.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

This comment raises a specific question about the application of the proposed rules. This comment has been referred to the appropriate division for review. 

There will be no changes to the examination as a result of these proposed rules.

No change has been made to the proposed rules in response to this comment.

Comment--One commenter is against the reduction in hours from 1,500 to 1,000 and believes there should be apprenticeships prior to graduation.

Department Response--The proposed rules implement House Bill 2847, 86th Legislature, Regular Session (2019) which lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000. The changes made by House Bill 2847 apply only to students applying for a Cosmetology Operator License on or after September 1, 2020.

Apprenticeships are beyond the scope of the proposed rules. The comments have been referred to the appropriate division for review.

No change has been made to the proposed rules in response to these comments.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Advisory Board on Cosmetology met on February 10, 2020 to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register without changes made in response to public comment. At its meeting on February 18, 2020, the Commission adopted the proposed rules without changes, as recommended by the Advisory Board.

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code, Chapters 51, 1602, and 1603, which authorize the Texas Commission of Licensing and Regulation, 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 proposed rules are those set forth in Texas Occupations Code, Chapters 51, 1602, and 1603. No other statutes, articles, or codes are affected by the proposed rules.

  • 83.10. Definitions.

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

(1) Act--Texas Occupations Code, Chapters 1602 and 1603.

(2) Beauty Culture School--A cosmetology school, public or private that is subject to regulation under the Act.

(3) Board--The Advisory Board on Cosmetology.

(4) Booth rental license--A license issued or renewed to an applicant the same time the applicant is issued one of the following license types: operator, manicurist, esthetician, esthetician/manicurist, eyelash extension specialist, hair weaver, wig specialist, instructor, or specialty instructor, which allows the holder to lease space on the premises of a beauty shop, specialty shop, mini-salon, dual shop, or mini-dual shop to engage in the practice of cosmetology as an independent contractor.

(5) Department--The Texas Department of Licensing and Regulation.

(6) Commission--The Texas Commission of Licensing and Regulation.

(7) Common Area--An area within a cosmetology establishment which contains equipment and facilities available for use by all persons who practice cosmetology on the premises under a license, certificate or permit issued under this chapter or Texas Occupations Code, Chapter 1603.

(8) Cosmetology establishment--A beauty salon, specialty salon, mini-salon, dual shop, mini-dual shop, mobile shop, or beauty culture school, public or private, that is subject to regulation under the Act.

(9) Digital Network--Any online-enabled application, Internet website, or system offered or used by a remote service business that allows a client to arrange for a digitally prearranged remote service.

(10) Digitally Prearranged Remote Service--A barbering or cosmetology service performed for compensation by a person holding a license, certificate of registration, or permit under Texas Occupations Code, Chapter 1601, or 1602, or this chapter that is:

(A) prearranged through a digital network; and

(B) performed at a location other than a place of business that is licensed or permitted under Texas Occupations Code, Chapter 1601, 1602, or 1603.

(11) Distance Education--A formal instructional process in which the student and teacher are separated by physical distance and a variety of communication technologies are used to deliver instruction in theory to the student. Courses taught by distance education do not satisfy the requirements of the practical portion of the course curriculum standards.

(12) Dual Shop--A shop owned, operated, or managed by a person holding a dual barber and beauty shop license issued under Texas Occupations Code, Chapter 1603.

(13) Eyelash Extension Application--The process of applying and removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions.

(14) Eyelash Extension Specialist--A person who holds a specialty license and who is authorized to practice the service defined in Texas Occupations Code §1602.002(a)(10).

(15) Esthetician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1602.002(a)(4) - (7) and (10). The term esthetician in this chapter includes the term facialist.

(16) Esthetician/Manicurist--An esthetician/manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(4) - (10).

(17) Guest Presenter--A person who possesses subject matter knowledge in specific curriculum topics and who has the teaching ability necessary to impart the information to cosmetology students. Instruction is limited to the presenter’s area of expertise and a licensed instructor must be present during the classroom session in order for students to earn hours.

(18) Hair weaver--A person who holds a hair weaving specialty certificate and who may perform only the practice of cosmetology defined in Texas Occupations Code §1602.002(a)(11).

(19) Instructor--An individual authorized by the department to perform or offer instruction in any act or practice of cosmetology under Texas Occupations Code, §1602.002.

(20) Law and Rules Book--Texas Occupations Code, Chapters 1602 and 1603, and 16 Texas Administrative Code Chapter 83.

(21) License--A department-issued permit, certificate, approval, registration, or other similar permission required under Texas Occupations Code, Chapter 1601, 1602, or 1603.

(22) License by substantial equivalence--A process that permits a cosmetology license holder from another jurisdiction or foreign country to obtain a Texas cosmetology license without repeating cosmetology education or examination license requirements.

(23) Manicurist--A manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(8) and (9).

(24) Mini-Salon--A cosmetology establishment in which a person practices cosmetology under a license, certificate or permit issued under this chapter and which consists of a room or suite of rooms that is one of a number of connected establishments in a single premises that open onto a common hallway or common area.

(25) Mini-Dual Shop--A shop owned, operated, or managed by a person meeting the requirements of both a mini-barbershop and mini-beauty shop license under Texas Occupations Code §1603.207.

(26) Mini-Salon Licensee--A person or entity that holds a license for a mini-salon or mini-dual shop. The mini-salon licensee shall be responsible for rules under Texas Occupations Code, Chapters 1601, 1602, and 1603, and 16 TAC Chapters 82 and 83 for the mini-salon or mini-dual shop.

(27) Mobile Shop--A beauty salon, specialty salon, or dual shop that is operated in a self-contained, self-supporting, enclosed mobile unit.

(28) Operator--An individual authorized by the department to perform any act or practice of cosmetology under Texas Occupations Code, §1602.002.

(29) Preparation--A substance used to beautify a person’s face, neck or arms or to temporarily remove superfluous hair from a person’s body including but not limited to antiseptics, tonics, lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.

(30) Provisional license--A license that allows a person to practice cosmetology in Texas pending the department’s approval or denial of that person’s application for licensure by substantial equivalence.

(31) Remote Service Business--A corporation, partnership, sole proprietorship, or other entity that, for compensation, enables a client to schedule a digitally prearranged remote service with a person holding a license, certificate of registration, or permit under Texas Occupations Code, Chapters 1601, 1602, or 1603.

(32) Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity.

(33) Safety Razor--A razor that is fitted with a guard close to the cutting edge of the razor that is intended to prevent the razor from cutting too deeply and reduces the risk and incidence of accidental cuts.

(34) Special Event--Includes weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances.

(35) Specialty Instructor--An individual authorized by the department to perform or offer instruction in an act or practice of cosmetology limited to Texas Occupations Code, §1602.002(a)(2), (4), (5), (6), (7), (8), (9), (10), and (11).

(36) Specialty Salon or Specialty Shop--A cosmetology establishment in which only the practice of cosmetology as defined in Texas Occupations Code, §1602.002(a)(2), (4), (5), (6), (7), (8), (9), (10), or (11) is performed. Specialty salons may only perform the act or practice of cosmetology in which the salon is licensed.

(37) Student Permit--A permit issued by the department to a student enrolled in cosmetology school which states the student’s name and the name of the school.

(38) Tweezing Technique--Any type of temporary hair removal procedure involving the extraction of hair from the hair follicle by use of, but not limited to, an instrument, appliance or implement made of metal, plastic, or other material.

(39) Weaving--The process of attaching, by any method, commercial hair (hair pieces, hair extensions) to a client’s hair and/or scalp. Weaving is also known as hair integration or hair intensification.

(40) Wet disinfectant soaking container--A container with a cover to prevent contamination of the disinfectant solution and of a sufficient size such that the objects to be disinfected may be completely immersed in the disinfectant solution.

(41) Wig Specialist--A person who holds a wig specialty certificate and who may perform only the practice of cosmetology defined in Texas Occupations Code §1602.002(a)(2).

  • 83.20. License Requirements--Individuals.

(a) To be eligible for an operator license an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the fee required under §83.80;

(3) be at least 17 years of age;

(4) have obtained a high school diploma, or the equivalent of a high school diploma, or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training;

(5) have completed the following hours of cosmetology instruction at a licensed beauty culture school either:

(A) 1,000 hours of instruction in a beauty culture school; or

(B) 1,000 hours of instruction in beauty culture courses and 500 hours of related high school courses prescribed by the department in a vocational or career and technical cosmetology program in a public school; or

(C) 300 hours of instruction in cosmetology through a commission-approved training program in a beauty culture school and hold an active Class A barber certificate; and

(6) pass a written and practical examination required under §83.21.

(b) To be eligible for an esthetician, manicurist, or esthetician/manicurist specialty license an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the required fee under §83.80;

(3) be at least 17 years of age;

(4) have obtained a high school diploma, or the equivalent of a high school diploma, or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training;

(5) have completed the following hours of cosmetology instruction at a licensed beauty culture school:

(A) for an esthetician specialty license, 750 hours of instruction;

(B) for a manicurist specialty license, 600 hours of instruction;

(C) for an esthetician/manicurist specialty license; either:

(i) 1,200 hours of esthetician/manicure specialty instruction; or

(ii) 750 hours of esthetician instruction; and

(iii) 600 hours of manicure instruction; and

(6) pass a written and practical examination required under §83.21.

(c) A person who holds both an active esthetician license and an active manicurist license is eligible for an esthetician/manicurist specialty license by submitting a completed application on a department-approved form and paying the required fee under §83.80.

(d) To be eligible for an eyelash extension specialty license an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the fee required under §83.80;

(3) be at least 17 years of age;

(4) have obtained a high school diploma, or the equivalent of a high school diploma, or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and

(A) have satisfactorily completed 320 hours of instruction in a department-approved eyelash extension application training program; and

(B) pass a written and practical examination required under §83.21.

(e) To be eligible for a hair weaving specialty certificate or wig specialty certificate an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the fee required under §83.80;

(3) be at least 17 years of age;

(4) have completed the following hours of cosmetology instruction at a beauty culture school:

(A) for a hair weaving specialty certificate, 300 hours of instruction completed in not less than eight weeks from date of enrollment;

(B) for a wig specialty certificate, 300 hours of instruction completed in not less than eight weeks from date of enrollment; and

(5) pass a written and practical examination required under §83.21.

(f) To be eligible for an instructor or specialty instructor license an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the fee required under §83.80;

(3) be at least 18 years of age;

(4) have a high school diploma or a high school equivalency certificate;

(5) either hold an active operator license under this chapter for an instructor license or hold an active esthetician, manicure, esthetician/manicure or eyelash extension license for an instructor specialty license; and

(A) have completed a course consisting of 750 hours of instruction in methods of teaching in a licensed private beauty culture school or a vocational training program of a publicly financed postsecondary institution; or

(B) either have at least one year of verifiable work experience as a licensed operator for an instructor license or have at least one year of verifiable licensed experience in the specialty in which the applicant is seeking licensure for a specialty instructor license; and

(i) have completed 500 hours of instruction in cosmetology in a commission-approved training program; or

(ii) have completed 15 semester hours in education courses through an accredited college or university within the 10 years before the date of application; or

(iii) have obtained a degree in education from an accredited college or university; and

(6) pass a written and practical examination required under §83.21.

(g) To be eligible for a student permit an applicant must:

(1) submit a completed application on a department-approved form; and

(2) pay the fee required under §83.80.

(h) A license application is valid for one year from the date it is filed with the department.

(i) To operate a remote service business an individual must be licensed to practice cosmetology and must:

(1) in a manner prescribed by the department, notify the department of the intent to operate a remote service business;

(2) provide a permanent mailing address; and

(3) verify that the remote service business complies with the requirements of the Act and this chapter.

(j) The 86th Texas Legislature enacted changes to Chapter 1602, Occupations Code, reducing the number of hours required for a Cosmetology Operator License from 1,500 to 1,000 hours. See House Bill 2847, 86th Legislature, Regulation Session (2019), Article 14. The purpose of this transition rule is to provide guidance on how to implement the transition from 1,500 to 1,000 hours.

(1) Beginning January 1, 2020, the department may allow students enrolled on or after January 1, 2020 in a 1,500-hour program to transfer hours towards a 1,000-hour program if the hours meet the required technical standards. A student enrolling in cosmetology school on or after January 1, 2020 may request to transfer completed hours of a 1,500-hour program towards an approved 1,000-hour program or to transfer to another school.

(2) Upon request of a student enrolled on or after January 1, 2020, the school must apply hours earned towards a 1,000-hour program if the school has an approved 1,000-hour program or allow the student to transfer to another school. This rule expires on December 1, 2020.

  • 83.21. License Requirements--Examinations.

(a) To be eligible for a department examination, an examinee must:

(1) submit a completed license application on a department-approved form;

(2) pay the applicable license fee under §83.80; and

(3) have completed the number of hours required under this chapter and the Act.

(b) A student enrolled in a 1,000-hour program is eligible to take the written examination when the department receives proof of the student’s completion of 900 operator hours.

(c) Applicants must pass the written examination before being eligible to take the practical examination.

(d) When appearing for an examination, the examinee shall bring the instruments necessary to give a practical demonstration of cosmetology services or a practical demonstration of the services distinctive to his or her specialty.

(e) All department examinations consist of a written and practical part. A passing grade of 70 on each part is needed to satisfy the examination requirement.

(f) To be admitted to an examination, the examinee must present a current, valid government-issued photo identification, which includes the applicant's full name and date of birth.

(g) Examinees are required to wear closed toe shoes for the practical examination.

(h) Models used in an examination are required to be at least 16 years of age. The department may require parental approval for models under 18 years of age.

  • 83.22. License Requirements--Beauty Salons, Specialty Salons, Mini-Salons, Dual Shops, Mini-Dual Shops, Mobile Shops, and Booth Rentals (Independent Contractors).

(a) To be eligible for a beauty salon, specialty salon, dual shop, mobile shop, mini-salon, mini-dual shop, or booth rental license, an applicant must:

(1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed application on a department-approved form; and

(4) pay the fee required under §83.80.

(b) In addition to the requirements of subsection (a), an applicant for a dual shop or mini-dual shop must also comply with Texas Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters 82 and 83 for obtaining a beauty salon license and a barbershop permit.

(c) In addition to the requirements of subsection (a), a mobile shop license applicant must:

(1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use;

(2) provide a permanent mailing address where correspondence from the department may be received; and

(3) verify that the mobile shop complies with the requirements of the Act and this chapter.

(d) To operate a remote service business, a beauty salon, specialty salon, dual shop, mobile shop, mini salon, or mini-dual shop must:

(1) in a manner prescribed by the department, notify the department of the intent to operate a remote service business;

(2) provide a permanent mailing address; and

(3) verify that the remote service business complies with the requirements of the Act and this chapter.

  • 83.23. License Requirements--Beauty Culture Schools.

(a) To be eligible for a beauty culture school license, an applicant must:

(1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed application on a department-approved form; and

(4) one of the following:

(A) for a private beauty culture school, pay the applicable license and inspection fees required under §83.80 and any required fee under §83.40; or

(B) for a public beauty culture school, pay the applicable inspection fee required under §83.80; and

(5) for a private beauty culture school, provide a current financial statement prepared by a certified public accountant. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application.

(b) A beauty culture school must be inspected and approved by the department prior to the operation of the school.

(c) Private beauty culture schools offering instruction for persons seeking a license or certificate must have and maintain the following:

(1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking fountain facilities;

(2) adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled;

(3) proof of ownership of building or proof of a lease for the first 12 months of operation; and

(4) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.

(d) Public beauty culture schools must have and maintain the following:

(1) Adequate space to provide quality classroom training for the number of students enrolled including an office, dispensary, classroom and laboratory space;

(2) adequate equipment and instructional materials required by the department; and

(3) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.

(e) A beauty culture schools offering instruction for persons seeking a license or certificate must comply with all health and safety standards established by this chapter.

  • 83.25. License Requirements--Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title (relating to Continuing Education Requirements), unless the context indicates otherwise.

(b) To renew an operator license, or an esthetician, manicurist, esthetician/manicurist or eyelash extension specialty license, or a hair weaving, or wig specialty certificate, a licensee must complete a total of 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour in Sanitation required under the Act and this chapter; and

(2) 3 hours in any topics listed in subsection (i).

(c) Continuing education hours required under §83.25(b)(2) must include information on human trafficking as required by Texas Occupations Code Chapter 1602, §1602.354(c) and at a minimum must include information on:

(1) activities commonly associated with human trafficking;

(2) recognition of potential victims of human trafficking; and

(3) methods for assisting victims of human trafficking, including how to report human trafficking.

(d) To renew an instructor license, or an esthetician instructor, manicure instructor, esthetician/manicure instructor or eyelash extension instructor specialty license, a licensee must complete a total of 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour in Sanitation required under the Act and this chapter; and

(2) 3 hours in methods of teaching in accordance with §83.120.

(e) Continuing education hours required under §83.25(c)(2) must include information on human trafficking as required by Texas Occupations Code Chapter 1602, §1602.354(c) and at a minimum must include information on:

(1) activities commonly associated with human trafficking;

(2) recognition of potential victims of human trafficking; and

(3) methods for assisting victims of human trafficking, including how to report human trafficking.

(f) For a timely or a late renewal, a licensee must complete the required continuing education hours within the two-year period immediately preceding the renewal date.

(g) A licensee may receive continuing education hours in accordance with the following:

(1) A licensee may not receive continuing education hours for attending the same course more than once.

(2) A licensee will receive continuing education hours for only those courses that are registered with the department, under procedures prescribed by the department.

(h) A licensee shall retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

(i) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

(1) Sanitation required under the Act and this chapter;

(2) the Act and this chapter, addressing topics other than Sanitation;

(3) the curriculum standards listed in §83.120.

(j) A registered course may be offered until the expiration of the course registration or until the provider ceases to hold an active provider registration, whichever occurs first.

(k) A provider shall pay to the department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under Chapter 59 of this title.

(l) Notwithstanding subsections (b) and (c) a licensee may satisfy the continuing education requirement for renewal by completing one hour of Sanitation in department-approved courses, if the licensee:

(1) is at least 65 years of age; and

(2) has held a cosmetology license for at least 15 years.

  • 83.28. Substantial Equivalence or Endorsement and Provisional Licensure.

(a) To be granted a license through substantial equivalence or endorsement, an applicant must:

(1) submit a completed application on a department-approved form;

(2) furnish a certified transcript of hours from the state board, territory, or foreign country from which the applicant is applying;

(3) provide one of the following:

(A) if an applicant is from another state of the United States, provide documentation that licensure in another state was obtained by standards substantially equivalent to those of Texas; or

(B) if an applicant is from a territory or foreign country, provide documents verified by the department or a certified credentialing agency confirming that licensure in the territory or foreign country was obtained by standards substantially equivalent to those of Texas;

(4) furnish an active and valid license or certificate to indicate that the applicant is licensed in good standing in another jurisdiction or foreign country; and

(5) pay the substantial equivalence fee and applicable license application fee required under §83.80.

(b) A person who cannot provide documentation of standards equivalent to those in Texas must pass the applicable written and practical examination for the license.

(c) A person issued a license through substantial equivalence or endorsement may perform those acts of cosmetology authorized by the license.

(d) The department may waive any license requirement, except for an operator license, for an applicant who holds a license from another state or country that has license requirements substantially equivalent to those of Texas.

(e) The department may issue a provisional license to applicants currently licensed in another jurisdiction who file an application for a Texas cosmetology license by substantial equivalence.

(f) To be eligible for a provisional license, an applicant must:

(1) file a completed application for a Texas cosmetology license by substantial equivalence;

(2) provide information sufficient for the department to verify the applicant's licensure in good standing for at least two years in the license type for which the person seeks the certificate or license; and

(3) have been licensed in a jurisdiction or foreign country in which the requirements for obtaining the same certificate or license are substantially equivalent to the requirements under the Act, including passage of a national examination or other examination recognized by the commission relating to the practice of the profession.

(g) A person issued a provisional license may perform those acts of cosmetology authorized by the provisional certificate or license pending the department’s approval or denial of an applicant’s license by substantial equivalence.

(h) A provisional certificate or license is valid until the date the department approves or denies the application for licensure by substantial equivalence. The department must approve or deny a provisional certificate or license holder’s application for a certificate or license by substantial equivalence not later than the 180th day after the date the provisional certificate or license is issued.

(i) The department shall issue a certificate or license by substantial equivalence to the provisional certificate or license holder if the person is eligible to hold a certificate or license under the Act.

(j) An applicant for licensure by substantial equivalence is eligible for a provisional certificate or license only once. A person who is denied licensure by substantial equivalence and subsequently reapplies for licensure by substantial equivalence is not eligible to obtain additional provisional certificates or licenses to practice cosmetology in Texas.

  • 83.52. Periodic Inspections.

(a) Except as provided by subsection (b), each beauty salon, specialty salon, dual shop, mini-salon, or mini-dual shop shall be inspected at least once every four years. Each beauty culture school shall be inspected at least twice per year.

(b) At least once every two years, the department shall inspect specialty shops that hold a license, certificate or permit at which the practice described in Texas Occupations Code, §§1601.002(1)(E) or (F) or 1602.002(a)(8) or (9) are performed.

(c) The beauty salon, specialty salon, or dual shop owner, manager, or their representative must, upon request, make available to the department representative the list required by §83.71(c) of all independent contractors and all mini-salon licensees or mini-dual shop permittees who work in the salon or shop.

(d) Upon completion of the inspection, the owner shall be advised in writing of the results. The inspection report will indicate whether the inspection was approved or not approved, and will describe any violations identified during the inspection.

(e) For inspections that are not approved, the inspection report will identify violations that must be corrected by the owner. The report will also indicate the corrective modifications required to address the violations, in accordance with §83.54. Additionally, the department may assess administrative penalties and/or administrative sanctions for violations, in accordance with §83.90.

(f) Based on the results of the periodic inspection, a cosmetology establishment found out of compliance may be re-inspected.

  • 83.70. Responsibilities of Individuals.

(a) For purposes of this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under Texas Occupations Code, Chapters 1601, 1602 and 1603.

(b) A licensee is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a customer who:

(1) is unable to receive the services at a licensed facility because of illness or physical or mental incapacitation; or

(2) will receive the services in preparation for and at the location of a special event; and

(3) makes the appointment for services through a licensed facility.

(c) A licensee performing digitally prearranged remote services may perform these services at a location other than a licensed facility if the appointment is made through a remote service business’s digital network.

(d) A licensee who leases space as an independent contractor on the premises of a cosmetology establishment must hold a booth rental permit.

(e) Specialty certificate holders may only perform the practice authorized by the specialty certificate.

(f) All current licenses may be posted at the licensee's work station in the public view or be made available in a notebook at the salon reception desk.

(g) A current photograph of the licensee approximately 1 1/2 inches by 1 1/2 inches shall be attached to the front of the license, certificate or permit.

(h) Licensees shall notify the department in writing of any name change within thirty (30) days of the change.

(i) Licensees must notify the department within thirty (30) days following any change of address. The department may send all notices on other information required by applicable laws and rules to any licensee's last known mailing address on file with the department.

(j) Licensees shall wear clean top and bottom outer garments and footwear while performing services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, and other similar clothing and do not include lingerie or see-through fabric.

(k) Licensees are responsible for compliance with the health and safety standards of this chapter.

  • 83.72. Responsibilities of Beauty Culture Schools.

(a) Each establishment must have a copy of the current law and rules book.

(b) Each establishment is responsible for compliance with the health and safety standards of this chapter.

(c) Notify the department of any alterations of a cosmetology establishment's floor plan.

(d) The certificate of curriculum approval shall be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course shall be maintained by the school and be available for inspection.

(e) Unless the context clearly indicates otherwise, when used in this section the term “student-instructor” shall mean a student permit holder who is enrolled in an instructor course of a beauty culture school.

(f) Schools must have at least one licensed instructor on duty for each 25 students in attendance, including evening classes. A school may not enroll more than three student-instructors for each licensed instructor teaching in the school. The student-instructor shall at all times work under the direct supervision of the licensed instructor and may not service clients, but will concentrate on teaching skills. A licensed instructor must be physically present during all curriculum standard activities. No credit for instructional hours can be granted to a cosmetology student unless such hours are accrued under the supervision of a licensed instructor.

(g) Schools 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 standards in §83.120(d) by limiting distance education to instruction in theory.

(h) Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits shall be displayed in alphabetical order by last name, then alphabetical order by first name, and, if more than one student has the same name, by student permit number.

(i) Schools may use a time clock to track student hours and maintain a daily record of attendance or schools may use credit hours.

(j) Schools using time clocks shall post a sign at the time clock that states the following department requirements:

(1) Each student must personally clock in/out for himself/herself.

(2) No credit shall be given for any times written in, except in a documented case of time clock failure or other situations approved by the department.

(3) If a student is in or out of the facility for lunch, he/she must clock out.

(4) Students leaving the facility for any reason, including smoking breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the department and students are under the supervision of a licensed instructor.

(k) Students are prohibited from preparing hour reports or supporting documents. Student-instructors may prepare hour reports and supporting documents however only school owners and school designees, including licensed instructors, may electronically submit information to the department in accordance with this chapter. No student permit holder, including student-instructors, may electronically submit information to the department under this chapter.

(l) A school must properly account for the hours granted to each student. A school shall not engage in any act directly or indirectly that grants or approves student credit that is not accrued in accordance with this chapter. A school must maintain and have available for a department and/or student inspection the following documents for a period of the student’s enrollment through 48 months after the student completes the curriculum standards, withdraws, or is terminated:

(1) daily record of attendance;

(2) the following documents if a time clock is used:

(A) time clock record(s);

(B) time clock failure and repair record(s); and

(C) field trip records in accordance with §83.120(e)(5);

(3) all other relevant documents that account for a student's credit under this chapter.

(m) Schools using time clocks shall, at least one time per month submit to the department an electronic record of each student's accrued clock hours in a manner and format prescribed by the department. A school's initial submission of clock hours shall include all hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department shall prescribe the period of time for which a school may delay the electronic submission of data, to be determined 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.

(n) Schools using credit hours shall, at the end of the course or module or if the student drops or withdraws, submit to the department an electronic record of each student's accrued credit hours in a manner and format prescribed by the department.

(o) Schools changing from clock hours to credit hours or from credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes.

(p) 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 hours or credit hours to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.

(q) Except for a documented leave of absence, schools shall electronically submit a student’s withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school shall terminate a student who does not attend class for 30 consecutive days.

(r) Public schools shall electronically submit a student's accrual of 500 hours in math, lab science, and English.

(s) All areas of a school or campus are acceptable as instructional areas for a public cosmetology school, provided that the instructor is teaching cosmetology curricula required under §83.120.

(t) A private cosmetology school or post-secondary school may provide cosmetology instruction to public high school students by contracting with the school district and complying with Texas Education Agency law and rules. A public high school student receiving instruction under such contract is considered to be a public high school student enrolled in a public school cosmetology program for purposes of the Act and department rules.

(u) Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.

(v) Schools must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum standard topic and that a licensed instructor is present during the guest presenter’s classroom teaching.

(w) Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following equipment to properly instruct students enrolled at the school:

(1) if using a time clock to track student hours, one day/date formatted computer time clock;

(2) desks and chairs or table space for each student in attendance;

(3) multi-media equipment;

(4) a dispensary containing a sink with hot and cold running water and space for storage and dispensing of supplies and equipment;

(5) a suitable receptacle for used towels/linens;

(6) covered trash cans in lab area; and

(7) wet disinfectant soaking container, large enough to fully immerse tools and implements.

(8) If offering the operator curriculum standards the following equipment must be available in adequate number for student use:

(A) shampoo bowl and shampoo chair;

(B) hair drying equipment or professional hand-held hair dryers;

(C) cold wave rods;

(D) thermal iron (electric or non-electric);

(E) styling station covered with a non-porous material that can be cleaned and disinfected, with mirror and styling chair (swivel or hydraulic);

(F) mannequin with sufficient hair, with table or attached to styling station;

(G) professional hand clippers;

(H) manicure table and stool;

(I) facial chair or bed;

(J) lighted magnifying glass;

(K) dry sanitizer; and

(L) wet disinfectant soaking containers, large enough to fully immerse tools and implements.

(9) If offering the esthetician curriculum standards the following equipment must be available in adequate number for student use:

(A) facial chair or bed;

(B) heat processor, hand-held hair dryer, heat cap, or therapeutic light;

(C) cold wave rods;

(D) thermal iron (electric or non-electric);

(E) styling station covered with a non-porous material that can be cleaned and disinfected, with mirror and styling chair (swivel or hydraulic);

(F) mannequin with sufficient hair, with table or attached to styling station;

(G) professional hand clippers;

(H) professional hand held dryer;

(I) manicure table and stool;

(J) facial chair or bed;

(K) mannequin head; and

(L) wet disinfectant soaking containers, large enough to fully immerse tools and implements.

(10) If offering the manicure curriculum standards the following equipment must be available in adequate number for student use:

(A) facial chair;

(B) lighted magnifying glass;

(C) woods lamp;

(D) dry sanitizer;

(E) steamer machine;

(F) brush machine for cleaning;

(G) vacuum machine;

(H) high frequency machine for disinfection, product penetration, stimulation;

(I) galvanic machine for eliminating encrustations, product penetration;

(J) paraffin bath and paraffin wax;

(11) If offering the esthetician/manicure curriculum standards, the equipment required for the esthetician curriculum standards as listed in paragraph (9); and the equipment required for the manicure curriculum standards as listed in paragraph (10); including a wax warmer and paraffin warmer for each service, in adequate number for student use.

(12) If offering the eyelash extension curriculum standards; the following equipment must be available in adequate number for student use:

(A) facial bed or massage table that allows the consumer to lie completely flat;

(B) stool or chair;

(C) lamp;

(D) mannequin head;

(E) wet disinfectant soaking containers; and

(F) dry sanitizer.

(x) Cosmetology schools shall display in the school, in a conspicuous place clearly visible to the public:

(1) a copy of the school's most recent inspection report issued by the department; and

(2) a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code, Chapter 1602, §1602.408.

  • 83.74. Responsibilities--Withdrawal, Termination, Transfer, School Closure.

(a) A student desiring to transfer from one school to another must withdraw from the first school prior to the transfer. Enrollment in two or more schools of cosmetology at the same time is prohibited.

(b) A student transferring to a school who desires to claim credit earned must inform the school transferred to prior to enrollment of his/her prior attendance and must furnish to that school and the department a record of credit claimed. This record may be in the form of a transcript from the prior school or an extract from records of the department.

(c) Upon withdrawal, and provided that the agreed tuition and fees have been tendered, a student is entitled to an official transcript of credit earned at the school withdrawn from. The transcript must be ready for pickup or, if mailed, postmarked within ten calendar days of the school's receipt of notice of withdrawal. A copy of the transcript must be kept in the student's file for 48 months and the copy must be made available at the request of the department.

(d) A student who withdraws from a cosmetology school is entitled to a refund in accordance with Texas Occupations Code, Chapter 1602.

(e) Withdrawal or termination shall be defined by the number of hours scheduled according to the enrollment agreement or contract the student has signed with the school or other document acceptable to the department and not the clock hours the student has earned during class attendance.

(f) If a school closes or ceases operation before the class credit is earned, the student is entitled to a tuition refund in accordance with Texas Occupations Code, Chapter 1602.

(g) Any student of an out-of-state private or public cosmetology school may submit a request to the department to transfer the completed credit to a Texas school. A transcript must be submitted on the prescribed form and certified by the school in which the instruction was given. Portions of the curricula of the department not taught in another state must be taken in an approved Texas school prior to taking the Texas examination.

(h) A student enrolled for a specialty course may withdraw and transfer hours acquired to the operator course not to exceed the amount of hours of that subject in the operator curriculum standards. Students enrolled in the operator course may withdraw and transfer up to the maximum specialty hours within the operator curriculum standards for that course.

  • 83.77. Remote Service Business Responsibilities.

(a) A licensee may not operate a remote service business without first providing notice to the department in accordance with this chapter.

(b) Only licensed individuals may perform digitally prearranged remote services.

(c) A remote service business must comply with the requirements of the Act, this chapter, and all health and safety requirements, as applicable.

(d) A remote service business may not offer a cosmetology service that requires treating or removing a person’s hair by:

(1) coloring;

(2) processing;

(3) bleaching;

(4) dyeing;

(5) tinting; or

(6) using a cosmetic preparation.

(e) A remote service business may offer only the following cosmetology services:

(1) haircutting, hairstyling, wigs, artificial hairpieces, or weaving a person's hair by thread and needle or attaching by clamps or glue;

(2) arranging, beautifying, shaving with a safety razor, styling, or trimming a person’s mustache or beard;

(3) beautifying a person's face, neck, or arms using, antiseptic, tonic, lotion, powder, oil, clay, or cream;

(4) removing superfluous hair on the face using tweezers;

(5) massaging, cleansing and treating person’s hands or feet for polish change manicures and pedicures, and non-whirlpool foot basin pedicures only; and

(6) applying semi-permanent, thread-like extensions composed of single fibers to a person's eyelashes.

(f) A remote service business may not offer portable whirlpool foot spa pedicures.

(g) A licensed individual performing digitally prearranged remote services must practice within the scope of the individual’s license and may only provide the services specifically authorized by this section.

(h) A remote service business shall provide through the entity’s digital network prior to any digitally prearranged remote service being performed:

(1) the following information regarding the licensee who will perform the service:

(A) the person’s first and last name;

(B) the person’s license number, certificate of registration, or permit number, as applicable; and

(C) a photograph of the person who will be performing the remote services;

(2) the following information regarding the business:

(A) Internet website address; and

(B) telephone number; and

(3) the department’s Internet website address and telephone number and notice that the client may contact the department to file a complaint against the remote service business or licensed individual performing the service.

(i) A remote service business shall maintain records and information showing compliance with this chapter and the Act until at least the fifth anniversary of the date the record was generated.

(j) A licensee who provides a digitally prearranged remote services is responsible for the services provided.

(k) A remote service business shall terminate a licensee’s access to the business’s digital network if the remote service business or department determine there has been a violation of:

(1) this chapter; or

(2) the Act.

(l) Before a licensee provides a digitally prearranged remote service, the remote service business and the licensee must ensure that all implements and supplies have cleaned, disinfected, and sanitized or sterilized department-approved disinfectants and in accordance with the requirements of the Act and this chapter.

(m) A remote service business and licensee performing remote services must ensure compliance with all safety and sanitations requirements related to the digitally prearranged remote services being provided and in accordance with the Act and this chapter.

(n) A remote service business shall maintain accurate records and information showing compliance with this chapter and the Act and must make these records available to the department upon request.

  • 83.80. Fees.

(a) Application fees.

(1) Operator License--$50

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$50

(3) Specialty Certificate--Hair Weaving, Wig--$50

(4) Student Permit--$25

(5) Instructor License--$60

(6) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$60

(7) Beauty and specialty salons--$106

(8) Mini-Salon License--$60

(9) Booth Rental (Independent Contractor) License--No fee

(10) Beauty Culture School--$300

(11) Dual Shop--$130

(12) Mini-Dual Shop Permit--$60

(13) Mobile Shop--$106

(b) Renewal fees.

(1) Operator License--$50

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$50

(3) Specialty Certificate--Hair Weaving, Wig--$50

(4) Instructor License--$60

(5) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$60

(6) Beauty and specialty salons--$69

(7) Mini-Salon--$60

(8) Mini-Dual Shop--$60

(9) Booth Rental (Independent Contractor) License--No fee

(10) Beauty Culture School--$200

(11) Dual Shop--$100

(12) Mobile Shop--$69

(c) Substantial equivalence or Endorsement Fee--$50

(d) Inactive License Status

(1) Renewal of license on inactive status--renewal fees as stated in §83.80(b).

(2) Change from inactive status to active status--$25.

(e) Revised/Duplicate License/Certificate/Permit/Registration--$25

(f) Law and Rules book--$14

(g) School (public and private) Inspection Fees (for each occurrence)--$200

(h) Verification of license, permit, or certificate to other states--$15

(i) Student transcript fee--$5

(j) Late renewals fees for licenses under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(k) All fees are nonrefundable, except as otherwise provided by law or commission rule.

(l) Law and rule book fee is included in the application and renewal fees for student, individual and establishment licenses, certificates, and permits.

  • 83.120. Technical Requirements--Curriculum Standards.

(a) Operator Curricula.

PRIVATE AND PUBLIC POST-SECONDARY COSMETOLOGY SCHOOLS AND PUBLIC SECONDARY PROGRAMS FOR HIGH SCHOOL STUDENTS

(1000 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

Hair care - Cutting, styling, coloring, chemical textures, and related theory and application; business skills; professional development and salon management; health; safety; and laws-800 hours

Nail care - Manicuring and related theory and applications, business skills; professional development and salon management; health; safety; and laws-100 hours

Skin care - Facials, hair removal, and related theory and application; business skills; professional development and salon management; health; safety; and laws-100 hours

CLASS A BARBER TO COSMETOLOGY OPERATOR

(300 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Haircutting, styling and related theory-30 hours

(B) - Hair coloring and related theory-50 hours

(C) - Permanent waving including chemical hair relaxing and related theory-30 hours

(D) - Orientation, rules and laws-20 hours

(E) - Manicuring and related theory-50 hours

(F) - Shampoo and related theory-10 hours

(G) - Chemistry-20 hours

(H) - Salon management and practices-10 hours

(I) - Hair and scalp treatment and related theory-5 hours

(J) - Facials and related theory-75 hours

(b) Specialist Curricula.

ESTHETICIAN CURRICULUM STANDARDS

(750 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - facial treatment, cleansing, masking, therapy-225 hours

(B) - anatomy and physiology-90 hours

(C) - electricity, machines, and related equipment-75 hours

(D) - Makeup-75 hours

(E) - orientation, rules and laws-50 hours

(F) - Chemistry-50 hours

(G) - care of client-50 hours

(H) - sanitation, safety, and first aid-40 hours

(I) - Management-35 hours

(J) - superfluous hair removal-25 hours

(K) - aroma therapy-15 hours

(L) - Nutrition-10 hours

(M) - color psychology-10 hours

MANICURE CURRICULUM STANDARDS

(600 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - procedures:

basic manicure and pedicure, oil manicure, removal of stains, repair work, hand and arm massage, buffing, application of polish, application of artificial nails, application of cosmetic fingernails, preparation to build new nail, and application of nail extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products-320 hours

(B) - bacteriology, sanitation and safety:

definitions, importance, rules, laws, methods, safety measures, hazardous chemicals and ventilation odor in salons-100 hours

(C) - professional practices:

Manicuring as a profession, vocabulary, ethics, salon procedures, hygiene and grooming, professional attitudes, salesmanship and public relations-80 hours

(D) - arms and hands:

major bones and functions, major muscles and functions, major nerves and functions, skin structure, functions, appendages, conditions and lesions, nails structure, composition, growth, regeneration, irregularities and diseases-70 hours

(E) - orientation, rules, laws and preparation-15 hours

(F) - equipment, implements and supplies-15 hours

ESTHETICIAN/MANICURE CURRICULUM STANDARDS

(1200 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Orientation, rules, laws and preparation(F and M)-30 hours

(B) - Electricity, machines, related equipment, implements and supplies (F and M)-90 hours

(C) - Facial treatment, cleansing, masking, therapy (F)-215 hours

(D) - Procedures - basic manicure and pedicure, oil manicure, removal of stains, repair work, hand and arm massage, buffing, application of polish, application of artificial nails, application of cosmetic fingernails, preparation to build new nail, and application of nail extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products (M)-310 hours

(E) - Anatomy and physiology (F)-50 hours

(F) - Arms and hands - major bones and functions, major muscles and functions, major nerves and functions, skin structure, functions, appendages, conditions and lesions, nails structure, composition, growth, regeneration, irregularities and diseases (M)-50 hours

(G) - Makeup (F)-75 hours

(H) - Chemistry (F)-30 hours

(I) - Sanitation, safety, and first aid (F)-40 hours

(J) - Care of client (F)-50 hours

(K) - Management (F)-20 hours

(L) - Superfluous hair removal (F)-25 hours

(M) - Aroma therapy (F)-15 hours

(N) - Nutrition (F)-10 hours

(O) - Color psychology (F)-10 hours

(P) - Bacteriology, sanitation and safety - definitions, importance, rules, laws, methods, safety measures, hazardous chemicals and ventilation odor in salons (M)-100 hours

(Q) - Professional practices - manicuring as a profession, vocabulary, ethics, salon procedures, hygiene and grooming, professional attitudes, salesmanship and public relations (M)-80 hours

EYELASH EXTENSION CURRICULUM STANDARDS

(320 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Orientation, rules and law-10 hours

(B) - First aid and adverse reactions-15 hours

(C) - Sanitation and contagious diseases-20 hours

(D) - Safety and client protection -10 hours

(E) - Eyelash growth cycles and selection-20 hours

(F) - Chemistry of products-5 hours

(G) - Supplies, materials and related equipment-10 hours

(H) - Eyelash extension application-190 hours

(I) - Eyelash extension isolation and separation-15 hours

(J) - Eye shapes-15 hours

(K) - Professional image/salon management-10 hours

HAIR WEAVING CURRICULUM STANDARDS

(300 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Hair weaving:

Basic hair weaving, repair on hair weaving, removal of weft, sizing and finishing by hand of hair ends or by using mechanical equipment-150 hours

(B) - shampooing client, weft and extensions:

Basic shampooing, basic conditioners, semi-permanent and weakly rinses, basic hair drying, draping-50 hours

(C) - professional practices:

Hair weaving as a profession, vocabulary, ethics, salon procedures, hygiene, grooming, professional attitudes, salesmanship, public relations, hair weaving/braiding skills, including purpose, effect, equipment, implements, supplies, and preparation-40 hours

(D) - anatomy and physiology-scalp:

major bones and functions, major muscles and functions, major nerves and functions, skin structures, functions, appendages, conditions and lesions, hair or fiber used, structure, composition, hair regularities, hair and scalp diseases-30 hours

(E) - chemistry in hair weaving:

elements, compounds, and mixtures, composition and uses of cosmetics in hair weaving-10 hours

(F) - sanitation and safety measures:

definitions, importance, sanitary rules and laws, sterilization methods of unused hair and fiber droppings-10 hours

(G) - safety measures: client protection-10 hours

WIG CURRICULUM STANDARDS

(300 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - combing out-50 hours

(B) - Styling-50 hours

(C) - Coloring, tinting, bleaching-37 hours

(D) - Rolling-30 hours

(E) - cutting and shaping, scissors and razor-20 hours

(F) - hot iron-19 hours

(G) - Cleaning-10 hours

(H) - alterations, installation of elastic-10 hours

(I) - Conditioning-10 hours

(J) - brushing technique prior to styling-10 hours

(K) - identification and recognition definition-wigs, wiggery, wigology-pertaining to any human, synthetic, or animal hairpiece-10 hours

(L) - sanitation, disinfecting, required rules and laws-10 hours

(M) - eye tabbing-10 hours

(N) - Sizing-5 hours

(O) - Drying-5 hours

(P) - measuring head for proper size-5 hours

(Q) - preparation of wig on block-5 hours

(R) - history, background, and salesmanship-3 hours

(S) - knowledge of coloring: J L-1 hour

(c) Instructor Curricula.

COSMETOLOGY INSTRUCTOR

(750 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Lesson plans-140 hours

(B) - Methods of teaching-180 hours

(C) - Classroom management-90 hours

(D) - Evaluation techniques-90 hours

(E) - State laws and forms-60 hours

(F) - Visual aids preparation and use-60 hours

(G) - Learning theory-100 hours

(H) - Orientation, rules, and laws-30 hours

COSMETOLOGY INSTRUCTOR WITH ONE YEAR EXPERIENCE

(500 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Lesson plans-90 hours

(B) - Methods of teaching-120 hours

(C) - Classroom management-60 hours

(D) - Evaluation techniques-60 hours

(E) - State laws and forms-40 hours

(F) - Visual aids preparation and use-40 hours

(G) - Learning theory-70 hours

(H) - Orientation, rules, and laws-20 hours

(d) Distance Education.

(1) Schools offering distance education may not designate more than 25% of the total hours in each course as theory hours.

(2) A student may obtain the following distance education hours:

(A) a maximum of 250 hours out of the 1,000 hour operator course;

(B) a maximum of 75 hours out of the 300 hour class A barber to operator course;

(C) maximum of 150 hours out of the 600 hour manicure course;

(D) a maximum of 188 hours out of the 750 hour esthetician course;

(E) a maximum of 300 hours out of the 1200 hour esthetician/manicurist course;

(F) a maximum of 80 hours out of the 320 hour eyelash extension course;

(G) a maximum of 75 hours out of the 300 hour hairweaving course;

(H) a maximum of 188 hours out of the 750 hour instructor course; and

(I) a maximum of 125 hours out of the 500 hour instructor course.

(e) Field Trips.

(1) Cosmetology related field trips are permitted under the following conditions for students enrolled in the following courses and the guidelines under this subsection must be strictly followed.

(2) A student may obtain the following field trip hours:

(A) a maximum of 50 hours out of the 1,000 hours operator course;

(B) a maximum of 30 hours for the manicure course;

(C) a maximum of 30 hours for the esthetician course;

(D) a maximum of 60 hours for the esthetician/manicurist course;

(E) a maximum of 15 hours for the eyelash extension course;

(F) a maximum of 30 hours for students taking the 750 hour instructor course; and

(G) a maximum of 20 hours for students taking the 500 hour instructor course.

(3) Unless provided by this subsection, field trips are not allowed for specialty courses.

(4) Students must be under the supervision of a licensed instructor from the school where the student is enrolled at all times during the field trip. The instructor-student ratio required in a school is required on a field trip.

(5) Complete documentation is required, including student names, instructor names, activity, location, date, and duration of the activity.

(6) No hours are allowed for travel.

(7) Prior department approval is not required.

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority. 

Filed with the Office of the Secretary of State, on February 24, 2020.

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation