TDLR Proposes Administrative Rules

Chapter 83. Cosmetologists
Proposal Filed: September 22, 2017 – Published in the Texas Register:  October 6, 2017
Deadline for Public Comment: November 6, 2017

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10, 83.22 - 83.25, 83.29, 83.31, 83.40, 83.50 - 83.52, 83.54, 83.70 - 83.73, 83.78, 83.80, 83.102 and 83.105; and proposes the repeal of current §83.53, regarding the Cosmetologists program.

JUSTIFICATION AND EXPLANATION OF THE RULES

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

The proposed amendments to §83.10 corrects references, removes outdated language, and adds “specialty shop” to be consistent with statutory language.

The proposed amendments to §83.22 removes redundant language for clarity.

The proposed amendments to §83.23 removes specific requirements for beauty culture schools.

The proposed amendments to §83.24 removes language regarding inactive license status to reflect current practice.

The proposed amendments to §83.25 corrects a reference and adds human trafficking to continuing education requirements.

The proposed amendments to §83.29 clarifies the current requirements for establishment relocation and change of ownership.

The proposed amendments to §83.31 removes shampoo specialty certificates.

The proposed amendments to §83.40 reduces the maximum amount per claim per student to assist more students in the event of a school closure.

The proposed amendments to §83.50 removes a reference to risk-based inspections.

The proposed amendments to §83.51 updates language to be consistent with statutory language.

The proposed amendments to §83.52 removes risk-based inspections from periodic inspections.

The proposed repeal of §83.53 removes risk-based inspections and classifications.

The proposed amendments to §83.54 allows individuals a full ten days to complete the necessary modification after an inspection.

The proposed amendments to §83.70 updates language to be consistent throughout chapter. 

The proposed amendments to §83.71 removes shampoo permit requirements, adds facility license posting requirements, and updates language for consistency.

The proposed amendments to §83.72 requires human trafficking information to be posted, removes outdated language, and establishes equivalency and conversion standards between credit and clock hours.

The proposed amendments to §83.73 removes the shampoo apprentice permits and shampoo specialty certificates.

The proposed amendments to §83.78 updates language for clarity.

The proposed amendments to §83.80 removes fees relating to shampoo certificates and risk-based inspections and renumbers the section accordingly.

The proposed amendments to §83.102 streamlines language for clarity and quick reference.

The proposed amendments to §83.105 removes threading language for clarity.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

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

For each year of the first five-years the rule will be in effect, there will be an estimated loss in revenue to the State due to the deregulation of shampoo apprentice permits and shampoo specialty certificates. The licensing population was very small and would result in an approximate loss of $2,700. Additionally, there may be an increase in revenue to the State as a result of enforcing or administering the rule due to the removal of specific square footage and equipment requirements for beauty culture schools. Removing these requirements could increase the number of application and inspection fees paid for beauty culture schools. However, at this time, the Department is unable to estimate the amount or increase in beauty culture schools as a result of these rules.

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

LOCAL EMPLOYMENT IMPACT STATEMENT

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

PUBLIC BENEFITS

Mr. Francis also has determined that for each year of the first five-year period the proposed rule is in effect, the public will benefit by the removal of square footage and equipment requirements. This proposed rule change will allow more individuals, particularly in rural areas, to operate beauty culture schools and would potentially lower costs for purchasing space or equipment. The proposed rules lower the maximum reimbursement amount per student from the Private Beauty Culture School Tuition Protection Account, which will allow for more students to be reimbursed in the event of school closures. The proposed rules implement human trafficking awareness initiatives by training thousands of licensees on the issue of human trafficking, how to identify key indicators, and how to report suspicions. The posting of human trafficking information in establishments will provide the public with more awareness and potentially help report and prevent human trafficking. Additionally, the proposed rules will now provide facility owners a full ten days to complete corrective modifications and additional time to notify the Department of those modifications. The proposed rules also provide schools with additional guidance for operating on clock or credit hours.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Francis has determined that for each year of the first five-year period the proposed rules are in effect, there may be an increase cost to the continuing education providers by possibly requiring them to redevelop curricula to incorporate human trafficking information. At this time, there is no way to estimate their possible development costs, if any. However, providers will have the ability to use already developed and available human trafficking information to satisfy this requirements with no additional cost.  

FISCAL IMPACT ON SMALL BUSINESSES AND MICRO-BUSINESSES

Mr. Francis has determined that the proposed rules could possibly have an adverse effect on small businesses or micro-businesses by requiring continuing education providers to redevelop curriculums to incorporated human trafficking information.

Economic Impact Statement

There are approximately 202 continuing education providers who will have to comply with the rule requiring information on human trafficking to be included in their continuing education courses. Some providers could choose to develop their own method to deliver information on human trafficking in their continuing education course hours. Others may choose to utilize instruction and videos which have already been developed and may be used at no additional cost.  There is no requirement regarding how long the information on human trafficking must be. Given the lack of information of how each provider will incorporate the required human trafficking information into their course hours, and how much information will be delivered and how lengthy it will actually be, the economic impact on small and micro-businesses cannot be estimated. Again, providers will have the ability to use already developed and available human trafficking information to satisfy this requirements with no additional cost.

Regulatory Flexibility Analysis

There are no alternative methods of achieving the purpose of the proposed rule because by law continuing education providers must include information on human trafficking in their continuing education course hours.

ADVERSE ECONOMIC EFFECT ON RURAL COMMUNITIES

There will be no adverse effect on rural communities as a result of the proposed rules.

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

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

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

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

Cost to continuing education providers, if any, for implementing the proposed rules regarding the new human trafficking requirements fall under exceptions §2001.0045(c)(6) and (9). These rules are necessary to protect health, safety, and welfare of the residents of this state from human trafficking and necessary to implement the requirements of House Bill 2552, 85th Legislature, Regular Session (2017).

PUBLIC COMMENTS

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

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, Chapters 51, 1602 and 1603, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1602 and 1603.  No other statutes, articles, or codes are affected by the proposal.

§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) - (11) (No change.)

(12) 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) [§1602.002(a)(11)].

(13) 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) [§1602.002(a)(5) - (8) and (11)].  The term esthetician in this chapter includes the term facialist.

(14) Esthetician/Manicurist--An esthetician/manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(4)-(9)[§1602.002(a)(5) - (11)].

(15) (No change.)

(16) 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) [§1602.002(a)(2) and (12)].

(17) - (20) (No change.)

(21) Manicurist--A manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(8) and (9) [§1602.002(a)(9) and (10)].

(22) - (31) (No change.)        

(32) 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)(5), (7), (8), and (10) [§1602.002(a)(5) - (10) and/or (11)].

(33) 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), (5), (7), (8), or (10) [§1602.002(a)(3) or (5) - (12)] is performed.  Specialty salons may only perform the act or practice of cosmetology in which the salon is licensed.

(34) 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.  [A person holding an active student permit may shampoo and condition a person’s hair in a facility licensed under Texas Occupations Code, Chapters 1602 and 1603.]

(35) 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, [thread] or other material.

(36) - (37) (No change.)        

(38) 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) [§1602.002(a)(3)].

§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) To be eligible for a mini-salon or mini-dual shop 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) [(c)] 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.

[(d) In addition to the requirements of subsection (b), an applicant for a 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) [(e)] 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.

§83.23. License Requirements--Beauty Culture Schools.

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

(1) - (2) (No change.)

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

(4) - (5) (No change.)

(b) (No change.)        

(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) In counties with populations of 100,000 or less, the building must have a minimum of 1,800 square feet of floor space.  In counties with populations of more than 100,000, the building must have a minimum of 2,800 square feet of floor space.  Population shall be determined according to the current decennial data compiled by the United States Census Bureau.]

(2) [(3)] adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled [established by the department sufficient to instruct a minimum of 10 students];

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

(4) [(5)] a copy of the curriculum 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 [; not less than 2,200 square feet that includes] office, dispensary, [locker room,] classroom and laboratory space;

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

(3) a copy of the curriculum 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.

§83.24. Inactive Status.

(a) To change a license to inactive status, an applicant must submit a completed application on a department-approved form. [:]

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

[(2) pay the fee required under §83.80].

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

§83.25. License Requirements--Continuing Education.

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

(c) Continuing education hours required under Section 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) [(c)] 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 [in the following manner]:

(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. [; or]

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

(g) [(e)] 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) [(f)] 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) [(g)] 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 subjects listed in §83.120.

(j) [(h)] 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) [(i)] 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) [(j)]  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.

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

(a) - (b) (No change.) 

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

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

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

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

(4) Legal incompetence or death.

§83.31. Licenses--License Terms.

(a) The following licenses have a term of two (2) years:

(1) - (2) (No change.)

(3) specialty certificate--hair weaving, wig [, shampoo/conditioning];

(4) - (11) (No change.)          

(b) - (c) (No change.) 

§83.40. Private Beauty Culture School Tuition Protection Account.

(a) - (e) (No change.) 

(f) In the event a student from a closed school cannot be placed or does not accept a place in another school, a refund, calculated under the closed school’s refund policy, may be paid from the Private Beauty Culture School Tuition Protection Account and the total payment of a claim may not exceed $10,000 [$35,000]. The total amount of claims paid against a single closed school may not exceed $100,000.

(g) - (k) (No change.)

§83.50. Inspections--General.

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

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

§83.51. Initial Inspections--Inspection of Beauty Culture Schools Before Operation.

(a) - (e) (No change.) 

(f) A beauty culture school that does not meet the minimum requirements on initial inspection may [must] be reinspected. The beauty culture school owner must submit the request for reinspection along with the fee required by §83.80, before the department will perform the reinspection.

§83.52. Periodic Inspections.

(a) - (d) (No change.) 

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

§83.54. Corrective Modifications Following Inspection.

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

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

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

(3) (No change.)        

(b) (No change.)        

§83.70. Responsibilities of Individuals.

(a) - (d) (No change.) 

(e) All current licenses [Individual licenses and booth rental (independent contractor) 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.

(f) (No change.)

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

(h) Licensees must notify the department within [not later than] 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.

(i) - (j) (No change.)  

§83.71. Responsibilities of Beauty Salons, Mini-Salons, Specialty Salons, Dual Shops, Mini-Dual Shops and Booth Rentals.

(a) - (f) (No change.)

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

(g) [(h)] Each salon shall comply with the following requirements:

(1) a sink with hot and cold running water;

(2) an identifiable sign with the salon's name;

(3) a suitable receptacle for used towels/linen;         

(4) a [one] wet disinfectant soaking container, large enough to fully immerse tools and implements;

(5) a clean, dry, debris-free storage area;

(6) a minimum of one covered trash container; and

(7) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.  

(h) [(i)] In addition to the requirements of subsection (g) [(h)]:

(1) beauty salons and mini-salons shall provide the following equipment for each licensee present and providing services:

(A) one working station;

(B) one styling chair; and

(C) a sufficient amount of shampoo bowls.

(2) manicure salons shall provide the following equipment for each licensee present and providing services:

(A) one manicure table with light;

(B) one manicure stool; and

(C) one professional client chair for each manicure station.

(3) esthetician salons shall provide the following equipment for each licensee present and providing services:

(A) one facial bed or chair; and

(B) one mirror.

(4) combination esthetician/manicure salons shall provide the following equipment:

(A) the requirements for manicure salon; and

(B) the requirements for esthetician salon.

(5) eyelash extension salons shall provide the following equipment for each licensee present and providing services:

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

(B) one lamp; and

(C) one stool or chair.

(6) wig salons shall provide the following equipment for each licensee present and providing services:

(A) one mannequin table, station, or styling bar to accommodate a minimum of 10 hairpieces;

(B) one wig dryer; and

(C) two canvas wig blocks.

(7) hair weaving salons shall provide the following equipment for each licensee present and providing services:

(A) one work station;

(B) one styling chair; and

(C) a sufficient amount of shampoo bowls for licensees providing hair weaving services.

(8) Dual shops shall:

(A) comply with all requirements of the Act and this chapter applicable to beauty salons;

(B) comply with all requirements of Texas Occupations Code, Chapter 1601, and Chapter 82 of this title applicable to barbershops;

(C) if the shop does not currently have employed or have a contract with at least one licensed barber or one licensed cosmetologist, the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber or no cosmetologist is available; and

(D) if the shop has neither employed nor contracted with at least one licensed barber or cosmetologist for a period of 45 days or more the owner shall:

(i) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering or cosmetology services; and

(ii) remove or obscure any existing sign or symbol indicating that the shop offers barbering or cosmetology services.

(9) Mini-dual shops shall:

(A) comply with all requirements of the Act and this chapter applicable to beauty salons; and

(B) comply with all requirements of Texas Occupations Code, Chapter 1601, and 16 TAC Chapter 82 applicable to barbershops.

(i) [(j)] All booth rental licensees acting as independent contractors must have the following items:

(1) a [one] wet disinfectant soaking container, large enough to fully immerse tools and implements;

(2) a clean, dry, debris-free storage area;

(3) a suitable receptacle for used towels/linen; and

(4) a current law and rules book.

(j) [(k)] In addition to the requirements in subsection (i) [(j)], booth rental licensees acting as independent contractors must have the following items.

(1) If practicing in a beauty salon, one work station and one styling chair.

(2) If practicing in an esthetician salon, one facial bed or chair and one mirror, wall hung or hand held.

(3) If practicing in a manicure salon, one manicure table with a light, one manicure stool, and one chair, professional in appearance.

(4) If practicing in an eyelash extension salon, one facial bed or massage table that allows the consumer to lie completely flat, one stool or chair and one lamp.

(k) [(l)] Booth rental licensees acting as independent contractors must comply with all state and federal laws relating to independent contractors.

(l) [(m)] Cosmetology establishments shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.       

(m) All licensed facilities must display in a conspicuous place clearly visible to the public a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code, Chapter 1602, Section 1602.408.

§83.72. Responsibilities of Beauty Culture Schools.

(a) - (b) (No change.) 

(c) Notify the department of any [Any] alterations of a cosmetology establishment’s floor plan. [must be done in accordance with this chapter and the Act.]

(d) The approved curricula 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) - (n) (No change.)

(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. [shall submit to the department their curriculum for approval before making the change.]

(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) [(p)] 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 a cosmetology curriculum for 30 days.

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

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

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

(w) [(v)] 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 [a minimum of ten] students enrolled at the school:

(1) - (6) (No change.)

(7) [2] covered trash cans in lab area; and

(8) [one large] wet disinfectant soaking container, large enough to fully immerse tools and implements.

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

(A) shampoo bowl and shampoo chair;

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

(C) - (L) (No change.)

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

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

(A) - (L) (No change.)

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

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

(A) - (I) (No change.) 

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

(12) - (13) (No change.)

(x) [(w)] Cosmetology schools [establishments] shall display in the school [establishment], 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.

§83.73. Responsibilities of Students.

(a) - (b) (No change.) 

[(c) A person holding an active student permit may shampoo and condition a person’s hair in a facility licensed under Texas Occupations Code, Chapters 1602 and 1603.]

§83.78. Responsibilities of Mobile Shops.

(a) - (c) (No change.) 

(d) A mobile shop shall either:

(1) (No change.)

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

(e) - (l) (No change.) 

§83.80. Fees.

(a) (No change.)

(b) Renewal fees.

(1) - (2) (No change.)

(3) Specialty Certificate--Hair Weaving, Wig[, Shampoo/Conditioning]--$50

(4) - (12) (No change.)          

(c) (No change.)         

(d) Inactive License Status

[(1) Change from active status to inactive status--no charge.]

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

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

(e) - (f) (No change.)

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

[(1) School (public and private) --$200]

[(2) Risk-based Inspection of establishments--$150]

(h) - (l) (No change.) 

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

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

(b) - (n) (No change.)

§83.105.  Health and Safety Standards--Temporary Hair Removal Services.

(a) - (d) (No change.) 

[(e) Thread shall be stored in a sealed bag or covered container until ready to use and shall be kept in a clean, dry, debris-free storage area.]

(e) [(f)] All multi-use items shall be properly cleaned, disinfected and sterilized or sanitized prior to each service, in accordance with this chapter.

[§83.53. Risk-Based Inspections]

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

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

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