Proposed Changes to Administrative Rules

Chapter 83. Cosmetologists
Proposal Filed: September 27, 2021– Published in the Texas Register: October 8, 2021
Deadline for Public Comment: November 8, 2021

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 83, §83.80, regarding the Cosmetologists Program. These proposed changes are referred to as the “proposed rule.”

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The rules under 16 TAC Chapter 83 implement Texas Occupations Code, Chapters 1602 and 1603.

The proposed rule is necessary to begin implementing House Bill (HB) 1560, 87th Legislature, Regular Session (2021). HB 1560 makes many changes, including combining the Barbers and Cosmetologists program statutes, eliminating instructor licenses, and deregulating wig specialty certificates and wig salons. Under HB 1560, TDLR will discontinue issuing instructor licenses at some point before September 1, 2023, and instructors will transition to holding only the individual practitioner license for their field of instruction. In preparation for that transition, the proposed rule reduces instructor license renewal fees to match the renewal fees for the cosmetology operator and specialty licenses.

Additionally, the proposed rule implements HB 1560 by removing wig specialty certificates from the list of initial application fees and renewal fees.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §83.80 by removing wig specialty certificates from the list of initial application fees and renewal fees; reducing the instructor license renewal fee to $50; and reducing the instructor specialty license renewal fee to $50.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state government as a result of enforcing or administering the proposed rule. The activities required to implement the proposed rule are one-time administrative tasks that are routine in nature and will not result in an increase or decrease in program costs.

Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, there will be a loss in revenue to the State as a result of enforcing or administering the rule. The proposed rule will reduce the renewal fee for a cosmetology instructor license and all cosmetology specialty instructor licenses from $60 to $50. Additionally, the proposed rule removes the initial fee and renewal fee for a wig specialty certificate. The lost revenue from eliminating the wig specialty certificate fees and reducing renewal fees for instructors is estimated to be $26,970 per year for the next five fiscal years. However, at some point before September 1, 2023, the Department will cease issuing instructor licenses, and instructors will transition to holding individual practitioner licenses.

Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase in revenue to the State as a result of enforcing or administering the proposed rule.

Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, enforcing or administering the proposed rule does not have foreseeable implications relating to costs or revenues of local governments. Local governments are not responsible for enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rule will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022. The reduction and elimination of licensing fees will not increase or decrease the number of people instructing cosmetology or performing wig services in Texas.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be a reduction in fees paid by licensees. Cosmetology instructors will pay $10 less for each license renewal. This will ensure that the holder of an instructor license pays the same amount to renew as an individual practitioner license holder. Additionally, removing the fee amounts for wig specialty certificates may help communicate to potential applicants that wig specialty certificates are no longer being issued.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule. The proposed rule reduces or eliminates fees; it does not increase them.

 

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

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

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

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

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does require an increase or decrease in fees paid to the agency. The proposed rule reduces instructor renewal fees and eliminates fees for wig specialty certificates, resulting in a reduction in fees paid to the Department.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not expand, limit, or repeal an existing regulation.

7. The proposed rule does increase or decrease the number of individuals subject to the rule’s applicability. The proposed rule implements HB 1560, which eliminates wig specialty certificates. Persons currently holding wig specialty certificates will no longer be required to obtain the certificate or pay the fee associated with the certificate.

8. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rule, and the proposed rule does not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rule may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules ; by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

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

§83.80. Fees.

(a) Application fees.

(1) – (2) (No change.)

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

(4) – (13) (No change.)

(b) Renewal fees.

(1) – (2) (No change.)

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

(4) Instructor License--$50 [ $60 ]

(5) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$50 [ $60 ]

(6) – (12) (No change.)

(c) – (l) (No change.)

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt.

Filed with the Office of the Secretary of State, on September 27, 2021.


Brad Bowman
General Counsel
Texas Department of Licensing and Regulation