Texas Occupations Code, Chapter 1601
Texas Occupations Code, Chapter 1603
16 Texas Administration Code, Chapter 82

Class A:

1^st Violation: $100
2^nd Violation: $300 to $500
3^rd Violation: $700 to $900

POSTING AND PUBLIC INFORMATION VIOLATIONS

• Failure to display original license or certificate and attached photograph of the holder in a conspicuous place near the holder's work chair in shop where holder is working 1601.451
• Failure to display a copy of the sanitation rules 1601.452
• Failure to display barbershop permit in a conspicuous place 1601.501
• Failure to notify consumers and service recipients of the name, mailing address, and telephone numbers of the Department for purposes of directing complaints to the Department 60.200(c)
• Displaying a barber pole with colors other than red, white, or blue 82.71(d)
• Failure to display a sign containing the word "Barber" on the exterior of the shop 82.71(e)
• Failure to post the last inspection report in public view 82.71(k)
• Failure of a dual shop to display a sign indicating that no barber (or cosmetologist) is available when required 82.71(r)(3)
• Advertised, that dual shop offered barbering (or cosmetology) when not available for more than 45 days 82.71(r)(4)(A)
• Failure of a dual shop to remove all signs or symbols that indicate the shop offers barbering (or cosmetology) services when not available for more than 45 days 82.71(r)(4)(B)
• Failure to display on both sides of the exterior of a mobile shop, the shop's name and license number 82.78(g)
• Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements 82.102(n)

ADMINISTRATIVE VIOLATIONS

• Failure to have a barber shop inspected following a change of ownership 82.29(c), 82.51(a)
• Failure to notify the Department of a name change within 30 days following the change 82.70(d), 82.71(m)
• Failure to notify the Department of an address change within 30 days following the change 82.70(e), 82.71(n)
• Failure of a mobile shop to maintain a permanent physical address 82.78(b)
• Failure of a mobile shop to notify the Department of any address change within 10 calendar days 82.78(b)

FACILITY AND EQUIPMENT VIOLATIONS

• Failure of a hair weaving specialty shop to have one work station for each licensee present and providing services 82.71(o)(1), 1601.504
• Failure of a hair weaving specialty shop to have one styling chair for each licensee present and providing services 82.71(o)(2), 1601.504
• Failure of a hair weaving specialty shop to have sufficient amount of shampoo bowls 82.71(o)(3), 1601.504
• Failure of a hair weaving specialty shop to have one chair dryer/handheld dryer for each three hair weaver/braiders 82.71(o)(4), 1601.504
• Failure of a hair braiding specialty shop to have one work station for each licensee present and providing services 82.71(p)(1), 1601.504
• Failure of a hair braiding specialty shop to have one styling chair for each licensee present and providing services 82.71(p)(2), 1601.504
• Failure of a manicure specialty shop to have one manicure table with light for each licensee present and providing services 82.71(q)(1), 1601.504
• Failure of a manicure specialty shop to have one manicure stool for each licensee present and providing services 82.71(q)(2), 1601.504
• Failure of a manicure specialty shop to have one professional client chair for each manicure station 82.71(q)(3), 1601.504
• Failure to anchor all mobile shop furniture to the unit 82.78(e)

Class B:

1^st Violation: $200
2^nd Violation: $400 to $600
3^rd Violation: $800 to $1,000

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Clothes improper or unclean 82.70(c)
• Food and drink not disposed of in a closed container 82.71(f)
• Failure of a mobile shop to store all chemicals in cabinets secured with safety catches and separate and apart from other articles or equipment 82.78(f)
• Failure to store non-barber related supplies in separate drawers or locations 82.102(f)
• Failure to thoroughly clean floors in barber establishments each day 82.102(i)
• Failure to remove hair cuttings as soon as practicable 82.102(i)
• Failure to empty all trash containers daily or keep clean by washing or using plastic liners 82.102(j)
• Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean 82.102(o)
• Failure to have facial chair made of or covered in a non-porous material 82.104(c)
• Failure to have footspa chair made of or covered in a non-porous material 82.108(g)
• Failure to keep floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair; failure to repair or fill any cracks, holes, or other similar disrepair not readily accessible for cleaning to create a smooth, washable surface 82.114(a)
• Failure to have floors in areas where barber services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas 82.114(b)
• Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning 82.114(c)
• Storing chemical supplies in restroom 82.114(e)
• Preparing food or beverages on licensed premises for sale 82.114(f)
• Allowed animals in establishment 82.114(i)

Class C:

1^st Violation: $300
2^nd Violation: $500 to $800
3^rd Violation: $1,000 to $1,300 and/or up to 6-month full suspension

ADMINISTRATIVE VIOLATIONS

• Failure to pay shampoo apprentice at least the federal minimum wage 1601.261(e)
• Failure to supply list of independent contractors to Department inspector upon request 82.52(b), 82.53(c), 82.71(c)
• Failure to maintain list of all individuals currently working in a barber shop, including employees and independent contractors 82.71(c)
• Failure to include all required information for each individual in the list of all individuals working in shop 82.71(c)
• Failure to keep all required mobile shop records within the unit for one year from the date the record was made 82.78(c)
• Failure to make required mobile shop records available for inspection by the Department 82.78(c)
• Failure of mobile shop to provide the Department with either GPS tracking information or a weekly itinerary 82.78(d)
• Failure of mobile shop to follow all requirements for GPS tracking 82.78(d)(1)
• Failure of mobile shop to follow all requirements for a weekly itinerary 82.78(d)(2)

ADVERTISING VIOLATIONS

• Using 'barber' or similar terms in a business name without holding the appropriate certificate, license, or permit 1601.251(b)
• Creating an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop, specialty shop, or barber school when that person does not hold a license, permit, or certificate 1601.251(c)
• Knowingly making a false or deceptive statement in advertising 1603.401(3)
• Advertising, practicing, or attempting to practice under another person's name or trade name 1603.401(4)
• Advertising in the yellow pages under 'Barber' when not a barber school, licensed barber, barbershop, dual shop, mobile shop, or specialty shop 82.70(a), 82.71(h)

PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

• Performing or attempting to perform any practice of barbering with an expired license 1601.251(a), 1601.402(b)
• Owning, operating, or managing a barbershop with an expired permit 1601.301(a)
• Transferring a barbershop or specialty shop permit 1601.308(a)
• Failure of a new owner of an already licensed barbershop or specialty shop to obtain a new permit within 30 days following the transfer §1601.308(b)
• Practicing at specialty shop regulated under the Barbering Laws under the authority of license, permit, or certificate issued under the Cosmetology Laws 1601.309
• Individual license holder practicing barbering at a location that has an expired barber shop, specialty shop, or barber school permit 1601.453
• Failure to apply for a new establishment license after relocating 82.29(b)
• Failure to apply for a new establishment license within 30 days of change of ownership 82.29(c)
• Failure to have an individual booth rental permit 82.70(f)
• Allowing a person to work in a barber shop with an expired license 82.71(a), 82.71(b)
• Allowing an independent contractor to work in a barber shop without a booth rental permit or with an expired booth rental permit 82.71(a), 82.71(b)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to keep chlorine bleach in a closed covered container not exposed to sunlight 82.101(b)(3)
• Placing or storing chlorine bleach near other chemicals or near flame 82.101(b)(5)
• Failure to dispose of used or soiled chlorine bleach solution each day 82.101(b)(6)
• Failure to keep alcohol in a covered container 82.101(c)(3)
• Failure to store in a clean, dry, debris-free environment, separate from soiled implements and materials, all cleaned and disinfected implements and materials when not in use 82.102(f)
• Failure to disinfect shampoo bowls and manicure tables prior to use for each client 82.102(h)
• Failure to clean facial chairs and beds, including headrest, prior to providing service to each client 82.104(c), 82.101(a), 82.102(a)
• Failure to clean and disinfect footspa chair prior to providing service to each client 82.108(g)

Class D:

1^st Violation: $500
2^nd Violation: $800 to $1,200
3^rd Violation: $1,500 to $1,900 and/or up to 6-month full suspension

FACILITY VIOLATIONS

• Permitting a person to sleep in a room used as part of a barbershop 1601.507(a)
• Acting as a barber in a room used as sleeping quarters 1601.507(b)
• Shop not separated by a solid wall with a separate entrance when located in the same building as a restaurant or food preparation area. 82.71(f)
• Failure of a mobile shop to have the required restroom and toilet 82.78(j)
• Performing services outside a mobile shop or when the shop is in motion 82.78(k)
• Using a mobile shop as a residence or for any purpose other than barbering services 82.78(l)
• Failure to provide at least one restroom located on or near the premises of the establishment 82.114(e)
• Using a barbering establishment for living or sleeping purposes or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public 82.114(h)
• Failure of a residential shop to maintain a separate and distinct entrance not open to living quarters§ §82.114(h)
• Door leading to living quarters not closed during business hours 82.114(h)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements 82.101(a)(3)
• Failure to use disinfectant in accordance with the manufacturers' recommendation or other guidance in the barber rules 82.101(a)(4)
• Failure to mix chlorine bleach solution daily at correct concentration 82.101(b)(2)
• Using isopropyl or ethyl alcohol at other than the required concentration 82.101(c)(1)
• Failure to discard single-use equipment, implements, tools or porous items after use on a single client 82.102(d)
• Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client 82.102(e)
• Failure to have a container of liquid disinfectant located at each barber chair or station 82.102(g)
• Failure to use clean towels on each client 82.102(l)
• Failure to wash towels in hot water and chlorine bleach 82.102(l)
• Failure to remove soiled towels after use on each client and deposit in a suitable receptacle 82.102(m)
• Failure to have shop properly ventilated 82.114(g)

SANITATION VIOLATIONS- HAIR CUTTING, STYLING, TREATMENT AND SHAVING SERVICES

• Failure to properly clean and disinfect hair cutting, styling treatment and shaving equipment, implements, tools and materials prior to servicing each client?82.103(b), 82.101(a), 82.102(a), 82.102(c)
• Failure to clean required implements and spray with either an EPA-registered disinfectant, alcohol, or bleach solution after each client 82.103(c), 82.101(a), 82.102(a), 82.102(c)
• Failure to clean required implements at the end of each day of use by manually scrubbing with soap and water or adequate methods, and then disinfecting by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution 82.103(d), 82.101(a), 82.102(a), 82.102(c)

SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

• Failure to clean and disinfect manicure and pedicure tools by manually brushing or otherwise removing all visible debris after each use, and then spraying with an EPA-registered disinfectant, alcohol, or bleach solution 82.106(f), 82.101(a), 82.102(a), 82.102(c)
• Failure to discard buffer blocks or porous nail files after exposure to broken skin or unhealthy skin or nails 82.106(f)
• Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry 82.107(a)
• Failure to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone 82.107(b), 82.101(a), 82.102(a), 82.102(c)
• Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients 82.107(c), 82.101(a), 82.102(a), 82.102(c)
• Failure to clean or replace buffing bits and chamois between clients or to clean with soap and water at the end of each day 82.107(d)

SANITATION VIOLATIONS-WIG AND HAIRPIECE SERVICES

• Failure to properly clean and disinfect wig and hairpiece equipment, implements, tools and materials prior to servicing each client 82.109(b), 82.101(a), 82.102(a), 82.102(c)
• Failure to wipe implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client 82.109(c), 82.101(a), 82.102(a), 82.102(c)
• Failure to manually scrub implements and tools with soap and water and disinfect by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution at the end of each day 82.109(d), 82.101(a), 82.102(a), 82.102(c)
• Failure to properly disinfect a hairpiece prior to resale 82.109(e)
• Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned 82.109(f)
• Failure to sanitize wig blocks and keep separate in a plastic bag in a sanitized condition?82.109(g)
• Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces 82.109(h)

SANITATION VIOLATIONS-HAIR WEAVING AND HAIR BRAIDING SERVICES

• Failure to properly clean and disinfect hair weaving equipment, implements, tools and materials prior to servicing each client 82.110(b), 82.101(a), 82.102(a), 82.102(c)
• Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container 82.110(c)
• Failure to spray needles with a disinfectant before use 82.110(d), 82.101(a), 82.102(a), 82.102(c)

RECORDKEEPING VIOLATIONS - WHIRLPOOL FOOT SPAS

• Failure to keep a record of the date and time of each daily or bi-weekly cleaning 82.108(e)
• Failure to make the cleaning record available to a patron or the Department 82.108(e)
• Failure to remove from service a foot spa found to be in violation or for which records have not been maintained §82.108(f)

Class E:

1^st Violation: $1,000
2^nd Violation: $1,500 to $2,000
3^rd Violation: $2,500 to $3,000 and/or up to 1-year full suspension

SANITATION VIOLATIONS - FACIAL SERVICES

• Failure to wear gloves when performing an extraction 82.104(a)
• Failure to properly clean and disinfect facial equipment, implements, tools and materials prior to servicing each client 82.104(b), 82.101(a), 82.102(a), 82.102(c)
• Failure to clean and disinfect multiple use implements such as tweezers and comedone extractors after each client 82.104(d), 82.101(a), 82.102(a), 82.102(c)
• Failure to discard single-use items in a trash receptacle after use 82.104(e)
• Failure to replace facial tools and accessories with clean items for each client 82.104(f)
• Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product 82.104(g)

SANITATION VIOLATIONS-TEMPORARY HAIR REMOVAL SERVICES

• Failure to clean the areas of the client's body on which a waxing service is to be administered 82.105(a)
• Failure to dispose of after each use all wax that has been in contact with a client's skin; reusing wax 82.105(c)
• Failure to clean and disinfect all wax pots or leaving applicators standing in the wax 82.105(d), 82.101(a), 82.102(a), 82.102(c)

SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

• Failure to disinfect and sterilize non-disposable instruments with an autoclave, dry heat sterilizer or sanitize with an ultraviolet sanitizer 1603.352(a)
• Failure of manager or owner to provide approved autoclave, dry heat sterilizer or ultraviolet sanitizer 1603.352(b
• Failure to clean the areas of the client's body on which a manicure or pedicure service is to be administered 82.106(b)
• Failure to properly clean, disinfect and sterilize or sanitize all metal manicure and pedicure tools prior to servicing each client 82.106(c), 82.101(a), 82.102(a), 82.102(c)
• Failure to clean, disinfect, and sterilize or sanitize manicure and pedicure implements after each use 82.106(d), 82.101(a), 82.102(a), 82.102(c)
• Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use 82.106(e)
• Failure to replace terry cloth towels, finger bowls and spatulas that contact skin, or skin products from multi-use containers, with new or clean articles for each client 82.106(g)

Class F:

1^st Violation: $1,500
2^nd Violation: $2,000 to $2,500
3^rd Violation: $3,000 to $3,500 and/or 1-year full suspension up to revocation

UNLICENSED ACTIVITY

• Performing, offering or attempting to perform an act of barbering without holding the appropriate certificate, license, or permit§1601.251(a)
• Barber technician performing barbering other than allowed by definition 1601.256(a)
• Manicurist performing barbering other than allowed by definition 1601.257(a)
• Hair weaving specialist performing barbering other than allowed by definition 1601.258(a)
• Braiding specialist performing barbering other than allowed by definition 1601.259(a)
• Shampoo apprentice performing barbering other than allowed by definition 1601.261(a)
• Barber technician/manicure specialist performing barbering other than allowed by definition 1601.262(a)
• Barber technician/hair weaving specialist performing barbering other than allowed by definition 1601.263(a)
• Owning, operating, or managing a barbershop or specialty shop without holding the appropriate permit 1601.301(a)
• Failure to submit an application for an appropriate permit for a shop within 3 days following its opening 1601.301(b)
• Allowed barbering, other than allowed by definition, to be performed in a specialty shop 1601.304(a)
• Individual license holder practicing barbering at a location that does not have a barber shop, specialty shop, or barber school permit 1601.453
• Allowing an unlicensed person to work in a barber shop 82.71(a), 82.71(b)

ADMINISTRATIVE VIOLATIONS

• Failure to pay risk-based inspection fee 1603.104(e), 82.53(a)
• Failure of a barber establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection 82.50(d)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to provide at least one sink, wash basin, or hand sanitizer for every three chairs or stations 82.71(g)
• Failure of a mobile shop to have the required hot water heater 82.78(h)
• Failure of a mobile shop to have a fresh water tank holding a sufficient amount to perform the day's business 82.78(i)
• Failure of a mobile shop with a depleted water supply to immediately cease operation 82.78(i)
• Failure to provide hand washing facilities for employees which include hot and cold running water 82.102(k)
• Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client 82.103(a), 82.104(a), 82.105(b), 82.106(a), 82.109(a), 82.110(a)
• Performing a waxing service in an area other than the client's face or neck 82.105(a)
• Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person 82.112(a)(1), 82.112(b), 82.113(c)
• Possession or use of razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g. credo blades 82.112(a)(2), 82.112(b)
• Possession or use of alum or other astringents in stick or lump form 82.112(a)(3), 82.112(b)
• Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids 82.112(a)(4), 82.112(b)
• Used a product, preparation or procedure that came into contact with or penetrated the dermis layer of the skin 82.112(c)
• Possession, storage, or use of any product banned or deemed to be poisonous or unsafe by the USFDA or any other governmental agency responsible for such determinations 82.113(a), 82.113(b)
• Failure to have suitable plumbing that provides hot and cold running water and is connected to drain sewage and potable water in work areas 82.114(d)

SANITATION VIOLATIONS - WHIRLPOOL FOOT SPAS

• Failure to clean and sanitize whirlpool foot spas as required before use by each patron, specifically: 82.108(b)
  • Failure to drain all water and remove all debris from spa basin
  • Failure to clean spa basin with soap or detergent and water
  • Failure to disinfect spa basin with an EPA-registered disinfectant
  • Failure to wipe spa basin dry with clean towel
• Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically: 82.108(c)
  • Failure to remove screen and remove all trapped debris
  • Failure to wash screen and inlet with soap or detergent and water
  • Failure to wash screen with correct chlorine bleach solution or immerse in an EPA-registered disinfectant before replacing screen
  • Failure to flush the spa system with soap and warm water for at least ten (10) minutes and/or failure to rinse and drain afterwards
• Failure to clean and sanitize whirlpool foot spas as required on a bi-weekly basis, specifically: 82.108(d)
  • Failure to completely fill spa basin with correct chlorine bleach solution
  • Failure to flush spa system with chlorine bleach solution or EPA-registered disinfectant for 5 to 10 minutes and/or failure to allow to sit for 6 to 10 hours afterward
  • Failure to drain and flush with water before use by a patron

Class G:

1^st Violation: $2,000
2^nd Violation: $3,000 to $5,000
3^rd Violation: $4,000 to $5,000 and/or 1-year full suspension up to revocation

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Engaging in gross malpractice 1603.401(1)
• Knowingly permitting a person with a communicable skin disease or a venereal disease to act as a barber or employee or work in a barber or specialty shop 1601.505(a)
• Acting as a barber or working in a barbershop or specialty shop while knowingly having a communicable skin disease or a venereal disease 1601.505(b), 1603.401(2)
• Performing services on a client the licensee has reason to believe has a contagious condition such as head lice, nits, ringworm; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced 82.102(b)

SANITATION VIOLATIONS- BLOOD AND BODY FLUIDS

• Failure to apply powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument §82.111(a)
• Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound 82.111(a)
• Failure to use an approved disinfectant to clean blood or body fluids from a surface area 82.111(b), 82.101(c)(2)
• Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid 82.111(c)
• Failure to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument contacted by blood or body fluid 82.111(d)

Class H:

1^st Violation: Revocation and/or $3,000 to $5,000
2^nd Violation: Revocation and/or $4,000 to $5,000
3^rd Violation: Revocation and/or $5,000

• Engaged in fraud or deceit in obtaining a certificate, license, or permit 1603.401(5), 60.23(a)(1)
• Failed to comply with previous order of Commission/Executive Director 51.353(a)
• Used or provided unauthorized assistance in connection with an examination 60.52(a)
• Failed to pay a processing fee for a dishonored check 60.82