TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 118. LASER HAIR REMOVAL
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 118, Subchapter A, §118.3; Subchapter B, §118.12 and §118.13; Subchapter C, §§118.26, 118.28, and 118.29; Subchapter F, §118.50; and Subchapter H, §118.70, regarding the Laser Hair Removal program. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 118, implement Health and Safety Code Chapter 401.
The proposed rules are necessary to implement Senate Bill (SB) 748, 89th Legislature, Regular Session (2025), specifically, Section 2. These proposed rules also include grammatical changes and other changes recommended by Department staff during the Department's four-year rule review of Chapter 118.
The proposed rules remove size and font size requirements from the warning signs required to be posted at laser hair removal facilities and remove the requirement that the signage include verbiage about the hazards of electromagnetic radiation.
The proposed rules also clarify that an applicant for an apprentice-in-training certification must submit proof of successful completion of a training program approved by the department covering the topics listed in §118.26(a)(3) in addition to §118.26(a)(2).
Finally, the proposed rules amend a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
SECTION-BY-SECTION SUMMARY
Subchapter A. General Provisions
The proposed rules amend §118.3, Definitions. The proposed rules correct a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
Subchapter B. Laser Hair Removal Facility
The proposed rules amend §118.12, LHR Facility--Responsibilities; and §118.13, LHR Facility--Consulting Physician. The proposed rules amend §118.12(k) by removing size and font size requirements from the warning signs required to be posted at laser hair removal facilities. The proposed rules also remove the requirement that the signage include verbiage about the hazards of electromagnetic radiation and update the Department's current contact phone number for complaints.
The proposed rules also correct a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
Subchapter C. Laser Hair Removal Individual Certification
The proposed rules amend §118.26, LHR Individual Certification--Apprentice-in-Training; §118.28, LHR Individual Certification--Senior LHR Technician; and §118.29, LHR Individual Certification--LHR Professional. The proposed rules amend §118.26(b) by clarifying that an applicant for an apprentice-in-training certification must submit proof of successful completion of a training program approved by the department covering the topics listed in §118.26(a)(3) in addition to §118.26(a)(2).
The proposed rules also correct a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
Subchapter F. Laser Hair Removal Devices
The proposed rules amend §118.50, LHR Devices--General and Operating Requirements. The proposed rules correct a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
Subchapter H. Fees
The proposed rules amend §118.70, Fees. The proposed rules correct a consistent grammatical error in Chapter 118 by changing all references from "a LHR facility" to "an LHR facility."
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be safety standards that are clear and easy to understand for their laser care providers. The changes are intended to make it easier for applicants for an apprentice-in-training certification, licensees, and the general public to understand and comply with the rules.
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 rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
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 rules. Because 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 rules do 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 Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules do not create a new regulation.
6. The proposed rules expand, limit, or repeal an existing regulation.
Specifically, the proposed rules expand an existing regulation by now requiring an applicant for an apprentice-in-training certification to submit proof of successful completion of the 16 additional hours required in a training program approved by the department. The proposed rules also limit existing regulations by removing certain specifications for the warning sign required at a laser hair removal facility.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do 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 rules and the proposed rules do 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 rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/LAS_Rule_Making; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, 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.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under 16 TAC, Chapter 118. The statutory provisions affected by the proposed rules are those set forth in Health and Safety Code, Chapter 401. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 748, 89th Legislature, Regular Session (2025).
§118.3.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) - (6) (No change.)
(7)
Consulting physician--A physician, licensed in Texas, who has a written contract with an [a] LHR facility for the purpose of meeting the requirements under Section 401.519 of the Act.
(8) - (12) (No change.)
(13)
Individual LHR certification--A certification issued by the department to an individual who has met the requirements for individual LHR licensure. The term includes certifications issued by the department for an [a] LHR apprentice-in-training, an [a] LHR technician, a senior LHR technician, and an [a] LHR professional.
(14) - (19) (No change.)
(20)
Nonablative hair removal procedure--A hair removal procedure using an [a] LHR device that does not remove the epidermis.
(21) - (27) (No change.)
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 February 19, 2026.
TRD-202600800
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 5, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
B.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under 16 TAC, Chapter 118. The statutory provisions affected by the proposed rules are those set forth in Health and Safety Code, Chapter 401. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 748, 89th Legislature, Regular Session (2025).
§118.12.
(a)
An LHR device used for laser hair removal in an [a] LHR facility must follow all applicable federal and state laws and regulations.
(b) - (j) (No change.)
(k)
A warning sign must be posted in a conspicuous location that is readily visible to a person entering the LHR facility. The warning sign must state "To make a complaint, contact the Texas Department of Licensing and Regulation, Laser Hair Removal Program, at P.O. Box 12157, Austin, Texas 78711, (800) 803-9202, or via www.tdlr.texas.gov." [meet the following requirements:]
[(1) be of a size with dimensions at least 8 and 1/2 inches by 11 inches;]
[(2) contain wording with a font size no smaller than size 26;]
[(3) contain at least the following wording:]
[(A) Laser hair removal devices emit electromagnetic radiation that is considered to be an acute hazard to the skin and eyes from direct and scattered radiation. Laser hair removal procedures provide no medical benefit and may result in adverse effects.]
[(B) To make a complaint, contact the Texas Department of Licensing and Regulation, Laser Hair Removal Program at P.O. Box 12157, Austin, Texas 78711, (512) 539-5600, or www.tdlr.texas.gov.]
(l) - (o) (No change.)
§118.13.
(a)
An [A] LHR facility must have a written contract with a consulting physician. The LHR facility's contract with its consulting physician must provide the following:
(1) - (4) (No change.)
(b) (No change.)
(c) The protocols required in accordance with §118.10, must include at least the following:
(1) - (5) (No change.)
(6)
list of medications taken by the client that must be reported to the consulting physician before LHR services are provided or that, if taken by the client, preclude an [a] LHR procedure from being performed.
(d) (No change.)
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 February 19, 2026.
TRD-202600801
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 5, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
C.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under 16 TAC, Chapter 118. The statutory provisions affected by the proposed rules are those set forth in Health and Safety Code, Chapter 401. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 748, 89th Legislature, Regular Session (2025).
§118.26.
(a) (No change.)
(b) LHR Apprentice-In-Training Certification Submission Requirement. An applicant for an LHR apprentice-in-training certification must submit proof of successful completion of a training program approved by the department covering the topics listed in §118.26(a)(2) and §118.26(a)(3). An individual must not perform LHR procedures unless under the direct supervision of a senior LHR technician or an LHR professional.
§118.28.
(a) (No change.)
(b)
Verification requirements. A physician or other licensed health professional must not verify the LHR procedures directly supervised by an applicant for a senior LHR technician certificate in accordance with this section unless that individual meets the requirements for an [a] LHR professional specified in §118.29.
§118.29.
(a) - (b) (No change.)
(c)
Supervisor requirements. An LHR professional must ensure that there was direct supervision of the 100 LHR procedures performed by an [a] LHR technician under §118.27 while obtaining the requirements of a senior LHR technician under §118.28.
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 February 19, 2026.
TRD-202600802
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 5, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
F.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under 16 TAC, Chapter 118. The statutory provisions affected by the proposed rules are those set forth in Health and Safety Code, Chapter 401. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 748, 89th Legislature, Regular Session (2025).
§118.50.
(a) - (j) (No change.)
(k)
Compliance with the written statement requirement specified in subsection (j), does not affect the liability of the LHR facility operator or a manufacturer of an [a] LHR device.
(l) - (o) (No change.)
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 February 19, 2026.
TRD-202600804
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 5, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
H.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under 16 TAC, Chapter 118. The statutory provisions affected by the proposed rules are those set forth in Health and Safety Code, Chapter 401. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 748, 89th Legislature, Regular Session (2025).
§118.70.
(a) (No change.)
(b)
The two-year initial licensing fee for an [a] LHR facility license is $900.
(c) - (h) (No change.)
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 February 19, 2026.
TRD-202600805
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 5, 2026
For further information, please call: (512) 475-4879