TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 59. CONTINUING EDUCATION REQUIREMENTS

16 TAC §59.3

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 59, §59.3, regarding Continuing Education Requirements. These proposed changes are referred to as "proposed rule."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 59, implement Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation.

The proposed rule is necessary to implement House Bill (HB) 1560, 87th Legislature, Regular Session (2021). Article 2 of HB 1560 removed the requirement for polygraph examiners to hold a license. Article 3 of HB 1560 consolidated the licensing and regulation of barbering and cosmetology into a single program administered under Texas Occupations Code, Chapter 1603. The proposed rule also implements Senate Bill (SB) 2065, Article 14, 85th Legislature, Regular Session (2017), which removed the requirement for booting operators to hold a license. The proposed rule modifies the list of occupations which are subject to the continuing education requirements of 16 TAC, Chapter 59, by removing booting operators and polygraph examiners and adding barbers.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §59.3, Purpose and Applicability, by removing current subdivision (3) to remove booting operators from the list of professions that are subject to Chapter 59; relabeling current subdivision (4) to become new subdivision (3) and amending its language to add barbers to the list of professions that are subject to Chapter 59 and update references to statute; removing current subdivision (7) to remove polygraph examiners from the list of professions that are subject to Chapter 59; and renumbering the remaining subdivisions accordingly.

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 or local government 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, there is no estimated increase or loss in revenue to a local government 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, there is no estimated increase in revenue to state government 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, there will be an estimated loss in revenue to state government in the amount of $1,600 per year. This is a result of the loss of registration fees and course approval fees that will no longer be paid by providers of continuing education for polygraph examiners, who are no longer required to hold a license.

LOCAL EMPLOYMENT IMPACT STATEMENT

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

PUBLIC BENEFITS

Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be the quality of continuing education courses provided to barber licensees by providers who must comply with the registrations and course approval requirements of Chapter 59.

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 will be additional costs to persons who are required to comply with the proposed rule. Any entity that chooses to offer barber continuing education courses will have to pay the provider application fee of $200, if the entity does not already have a provider registration, and the course approval fee of $100 for any course submitted by the entity for approval.

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. Any small business or micro-business that chooses to offer barber continuing education courses will have to pay the provider application fee of $200, if they do not already have a provider registration, and the course approval fee of $100 for any course submitted for approval. However, payment of these fees is a limited expense that will not result in an adverse economic effect for those businesses. 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, are 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 requires an increase or decrease in fees paid to the agency. The proposed rule requires a decrease in fees paid to the Department by removing booting operators and polygraph examiners from the list of professions for which continuing education providers must pay registration fees and course approval fees to the Department.

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

6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands an existing regulation by adding barbers to the programs that have continuing education provider and course requirements. The proposed rule limits an existing regulation by removing booting operators and polygraph examiners from the programs that have continuing education provider and course requirements.

7. The proposed rule increases or decreases the number of individuals subject to the rules' applicability. The proposed rule decreases the number of individuals subject to the rule's applicability by removing booting operator and polygraph examiner continuing education providers from the rules.

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 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.

STATUTORY AUTHORITY

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

§59.3.Purpose and Applicability.

These rules are promulgated to establish continuing education provider and course requirements for the following occupations regulated by the Department of Licensing and Regulation:

(1) Air conditioning and refrigeration contractors, as provided by Texas Occupations Code, Chapter 1302. Additional continuing education requirements relating to air conditioning and refrigeration contractors may be found in Chapter 75 of this title.

(2) Auctioneers, as provided by Texas Occupations Code, Chapter 1802. Additional continuing education requirements relating to auctioneers may be found in Chapter 67 of this title.

[(3) Booting operators, as provided by Texas Occupations Code, Chapter 2308. Additional continuing education requirement relating to booting may be found in Chapter 89 of this title.]

(3) [(4)] Barbers and Cosmetologists, as provided by Texas Occupations Code, Chapter [Chapters 1602 and] 1603. Additional continuing education requirements relating to barbers and cosmetologists may be found in Chapter 83 of this title.

(4) [(5)] Electricians, as provided by Texas Occupations Code, Chapter 1305. Additional continuing education requirements relating to electricians may be found in Chapter 73 of this title.

(5) [(6)] Elevator contractor responsible party and registered elevator inspector, as provided by Texas Health and Safety Code, Chapter 754, Subchapter B. Additional continuing education requirements relating to responsible parties may be found in Chapter 74 of this title.

[(7) Polygraph examiners, as provided by Texas Occupations Code, Chapter 1703. Additional continuing education requirements relating to polygraph examiners may be found in Chapter 88 of this title.]

(6) [(8)] Property tax consultants, as provided by Texas Occupations Code, Chapter 1152. Additional continuing education requirements relating to property tax consultants may be found in Chapter 66 of this title.

(7) [(9)] Registered accessibility specialists, as provided by Texas Government Code, Chapter 469. Additional continuing education requirements relating to registered accessibility specialists may be found in Chapter 68 of this title.

(8) [(10)] Towing operators, as provided by Texas Occupations Code, Chapter 2308. Additional continuing education requirements relating to towing operators may be found in Chapter 86 of this title.

(9) [(11)] Water well drillers and pump installers, as provided by Texas Occupations Code, Chapters 1901 and 1902. Additional continuing education requirements relating to water well drillers and pump installers may be found in Chapter 76 of this title.

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 12, 2022.

TRD-202203655

Brad Bowman

General Counsel

Texas Department o Licensing and Regulation

Earliest possible date of adoption: October 23, 2022

For further information, please call: (512) 475-4879


CHAPTER 82. BARBERS

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20, 82.80, and 82.120; and the repeal of existing rules at §§82.21-82.23, 82.26, 82.28, 82.29, 82.31, 82.40, 82.50-82.52, 82.54, 82.65, 82.70-82.74, 82.77, 82.78, 82.90, and 82.100-82.114, regarding the Barbering and Cosmetology program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 82, implement Texas Occupations Code, Chapter 1603, Barbering and Cosmetology, and former Chapter 1601, Barbers, which was repealed by House Bill (HB) 1560, Article 3, 87th Legislature, Regular Session (2021).

The proposed rules are necessary to implement HB 1560, which consolidates the bifurcated licensing and regulation of barbers and cosmetologists into a single Barbering and Cosmetology program. HB 1560 adopts the recommendations of the Texas Sunset Advisory Commission to consolidate and administer the two programs as one; consolidate comparable barbering and cosmetology license types for individuals, establishments, and schools; align requirements for all licenses; eliminate instructor licenses and wig-related licenses; replace the separate advisory boards with the Barbering and Cosmetology Advisory Board; replace the separate tuition protection accounts with a single account; and eliminate state regulation of barber poles. HB 1560 repeals former Texas Occupations Code, Chapter 1601, Barbers, which applied only to barbering; repeals former Texas Occupations Code, Chapter 1602, Cosmetologists, which applied only to cosmetology; and amends Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology, to provide the consolidated statutory requirements for the licensing and regulation of both barbering and cosmetology.

The proposed rules implement HB 1560 by facilitating a transition from the two current rule chapters providing the rules for barbering and cosmetology, consisting of current 16 TAC, Chapter 82, Barbers, and Chapter 83, Cosmetologists, into a single, revised Chapter 83, Barbers and Cosmetologists, providing standardized rules for barbering and cosmetology. The proposed rules repeal from Chapter 82 the provisions that will no longer be necessary because they will be addressed in streamlined provisions for barbering and cosmetology in Chapter 83. The proposed rules amend the current license types for barbers to remove instructor licenses, which were repealed by HB 1560, and provide the licensing requirements and fees that will be in effect before September 1, 2023, the date the Department will begin issuing the new barbering and cosmetology license types created by HB 1560 under streamlined provisions in Chapter 83. The proposed rules amend the current barbering curriculum requirements to remove instructor courses, which were repealed by HB 1560, and provide the barbering curriculum standards that will be in effect before August 1, 2023, the date the streamlined curriculum standards for barbering and cosmetology will take effect under Chapter 83.

Separate from the proposed rules, the Department is pursuing a concurrent rulemaking to amend Chapter 83 to include streamlined provisions that apply to barbering and cosmetology.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Barbering and Cosmetology Advisory Board at its meeting on August 19, 2022. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §82.10, Definitions, by amending the definition for "Barber Instructor" to provide consistency with the repeal of instructor licenses by HB 1560 and to make clear that a person holding a practitioner license may provide instruction for services that are within the scope of the license; removing the definition for "Specialty Instructor" to provide consistency with the repeal of instructor licenses by HB 1560; and renumbering the remaining definitions accordingly.

The proposed rules amend §82.20, "License Requirements--Individuals", by amending the section title to instead read "License Requirements--Individuals (before September 1, 2023)" to indicate the time during which the section will be in effect. The proposed rules amend subsection (a) by removing a reference to the barber instructor license, which was repealed by HB 1560; remove current subsection (d), which relates to the barber instructor license repealed by HB 1560; relabel current subsection (e) to become new subsection (d); relabel current subsection (f) to become new subsection (e) and amend its language by correcting capitalization for consistency; relabel current subsection (g) to become new subsection (f); relabel current subsection (h) to become new subsection (g) and amend its language by correcting capitalization for consistency; relabel current subsection (i) to become new subsection (h); relabel current subsection (j) to become new subsection (i); add new subsection (j) to explain that §82.20 provides the minimum requirements for applications received before September 1, 2023; remove subsection (k), which relates to specialty instructor licenses repealed by HB 1560; remove subsection (l), which consists of provisions relating to operation of a remote service business that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83; and remove subsection (m), which consists of transition provisions that are no longer necessary.

The proposed rules repeal §82.21, "License Requirements--Examinations", which consists of examination provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.22, "Permit Requirements--Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, Mini-Dual Shops, Mobile Shops, and Booth Rental", which consists of licensing provisions for specialty establishments that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.23, "Permit Requirements--Barber Schools", which consists of licensing provisions for establishments that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.26, "License Requirements--Renewals", which consists of license renewal provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.28, "Substantial Equivalence or Endorsement and Provisional Licensure", which consists of licensing provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.29, "Establishment Relocation, Change of Ownership, Owner Death or Incompetency", which consists of provisions relating to establishments that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.31, "Licenses--License Terms", which consists of licensing provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.40, "Barber School Tuition Protection Account", because HB 1560 repealed the statutory authority for this account in former Texas Occupations Code, Chapter 1601, and created the Barbering and Cosmetology School Tuition Protection Account in Texas Occupations Code, Chapter 1603, which will be addressed in Chapter 83.

The proposed rules repeal §82.50, "Inspections--General", which consists of inspection provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.51, "Initial Inspections--Inspection of Barber Schools Before Operation", which consists of inspection provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.52, "Periodic Inspections", which consists of inspection provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.54, "Corrective Modifications Following Inspection", which consists of inspection provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.65, "Advisory Board on Barbering", because HB 1560 repealed the statutory authority for this advisory board in former Texas Occupations Code, Chapter 1601, and created the Barbering and Cosmetology Advisory Board in Texas Occupations Code, Chapter 1603, which will be addressed in Chapter 83.

The proposed rules repeal §82.70, "Responsibilities of Individuals", which consists of provisions relating to responsibilities of individual practitioners that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.71, "Responsibilities of Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops and Mini-Dual Shops", which consists of provisions relating to responsibilities of establishments that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.72, "Responsibilities of Barber Schools", which consists of provisions relating to responsibilities of establishments that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.73, "Responsibilities of Students", which consists of provisions relating to responsibilities of students that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.74, "Responsibilities--Withdrawal, Reentry, or Transfer of Student", which consists of provisions relating to students that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.77, "Remote Service Business Responsibilities", which consists of provisions relating to remote service businesses that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.78, "Responsibilities of Mobile Shops", which consists of provisions relating to responsibilities of mobile shops that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules amend §82.80, "Fees", by amending the section title to instead read, "Fees (before September 1, 2023)", to indicate the time during which the section will be in effect. The proposed rules amend subsection (a) by removing current subsection (a)(2), which relates to the barber instructor license repealed by HB 1560; removing current subsection (a)(6), which relates to specialty instructor licenses repealed by HB 1560; removing current subsection (a)(10), which relates to booth rental permits, which were repealed by HB 1560; and renumbering the remaining provisions accordingly. The proposed rules amend subsection (b) by removing current subsection (b)(2), which relates to the barber instructor license repealed by HB 1560; removing current subsection (b)(5), which relates to specialty instructor licenses repealed by HB 1560; and renumber the remaining provisions accordingly. The proposed rules amend subsection (g) by rewording to correct grammar and removing unnecessary language. The proposed rules add new subsection (k) to explain that §82.80 provides the barbering fees in effect before September 1, 2023.

The proposed rules repeal §82.90, "Administrative Penalties and Sanctions", which consists of enforcement provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.100, "Health and Safety Definitions", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.101, "Health and Safety Standards--Department-Approved Disinfectants", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.102, "Health and Safety Standards--General Requirements", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.103, "Health and Safety Standards--Hair Cutting, Styling, Treatment and Shaving Services", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.104, "Health and Safety Standards--Facial Services", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.105, "Health and Safety Standards--Waxing Services", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.106, "Health and Safety Standards--Manicure and Pedicure Services", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.107, "Health and Safety Standards--Electric Drill Bits", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.108, "Health and Safety Standards--Footspas", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.109, "Health and Safety Standards--Wig and Hairpiece Services", which relates to standards for wig services that were deregulated by HB 1560.

The proposed rules repeal §82.110, "Health and Safety Standards--Hair Weaving Services", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.111, "Health and Safety Standards--Blood and Body Fluids", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.112, "Health and Safety Standards--Prohibited Products or Practices", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.113, "Health and Safety Standards--FDA", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules repeal §82.114, "Health and Safety Standards--Establishments", which consists of health and safety provisions that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

The proposed rules amend §82.120, "Technical Requirements--Curricula Standards", by amending the section title to instead read, "Technical Requirements--Curricula Standards (before August 1, 2023)" to indicate the time during which the rule will be in effect. The proposed rules remove current subsection (a), which relates to instructor courses repealed by HB 1560; remove current subsection (b), which consists of curriculum standards for the barber instructor license repealed by HB 1560; remove current subsection (c), which consists of curriculum standards for the barber instructor license repealed by HB 1560; relabel current subsection (d) to become new subsection (a); relabel current subsection (e) to become new subsection (b); relabel current subsection (f) to become new subsection (c) and amend its language to remove the requirement for 500 hours of related high school courses from the curriculum standards for the class A barber certificate in a public secondary program for high school students; relabel current subsection (g) to become new subsection (d); relabel current subsection (h) to become new subsection (e); relabel current subsection (i) to become new subsection (f); relabel current subsection (j) to become new subsection (g); and relabel current subsection (k) to become new subsection (h). The proposed rules remove current subsections (l)(2)(G) and (l)(2)(H), which relate to instructor courses repealed by HB 1560, and relabel the remaining subdivisions accordingly; relabel current subsection (l) to become new subsection (i); and amend new subsection (i)(3) by removing reference to the instructor license repealed by HB 1560. The proposed rules add new subsection (j) to explain that §82.120 provides the barbering curriculum standards in effect before August 1, 2023.

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 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 will be an estimated loss in revenue to state government of $1,470 in the first year, and no loss in the second, third, fourth, and fifth years. The loss is a result of the repeal of instructor licenses and their associated fees, but the loss in revenue from individuals who will no longer obtain instructor licenses will be offset by the fees paid by those individuals to renew their practitioner licenses.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase in revenue to the state 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, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments.

LOCAL EMPLOYMENT IMPACT STATEMENT

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

PUBLIC BENEFITS

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, the public will benefit from the removal of instructor licenses because schools will be able to determine the qualifications of the individuals who teach their courses, and the population of potential employees to hire as teachers will increase with fewer limitations on hiring.

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, are 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 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 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 require an increase or decrease in fees paid to the agency. The proposed rules repeal the instructor license fees, resulting in a 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. The proposed rules repeal regulations relating to instructor licenses and wig-related services, as well as health and safety standards that will instead be addressed in streamlined provisions for barbering and cosmetology in Chapter 83.

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 Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules 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 Shamica Mason, 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.

16 TAC §§82.10, 82.20, 82.80, 82.120

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 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 proposed rules are also proposed under former Texas Occupations Code, Chapter 1601, which was repealed by HB 1560, Article 3, Section 3.33, but remains in effect by authority of the transition provisions in HB 1560, Article 3, Sections 3.34-3.42.

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

§82.10.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 1601 and 1603.

(2) Barber Establishment--A barbershop, mini-barbershop, specialty shop, dual shop, mini-dual shop, mobile shop, or school that is subject to regulation under the Act.

(3) Barber Instructor--A person who holds a license issued [authorized] by the department to perform the acts of barbering for which the person will provide instruction at a licensed barber or cosmetology school [or offer instruction in any act or practice of barbering under Texas Occupations Code §1601.002].

(4) Barber School--An entity that holds a permit issued under this chapter to teach the practice of barbering and that may be privately or publicly funded. The term includes a barber college.

(5) Barber Technician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (F), and (G).

(6) Barber Technician/Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C) - (G).

(7) Barber Technician/Hair Weaver--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (G) and (H).

(8) Beard--The beard extends from below the line of demarcation and includes all facial hair regardless of texture.

(9) Board--The Advisory Board on Barbering.

(10) Booth Rental Permit--A permit issued or renewed to an applicant at the same time the applicant is issued one of the following license types: barber, barber instructor, specialty instructor, barber technician, manicurist, barber technician/manicurist, barber technician/hair weaver, or hair weaver; which allows the holder to lease space on the premises of a barber shop, specialty shop, mini-barbershop, dual shop, or mini-dual shop to engage in the practice of barbering as an independent contractor.

(11) Class A Barber--A person authorized by the department to perform any act or practice of barbering under Texas Occupations Code §1601.002.

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

(13) Common Area--An area within a barbering establishment that contains equipment and facilities available for use by all persons who practice barbering on the premises under a license, certificate, or permit issued under this chapter.

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

(15) 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.

(16) 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.

(17) 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.

(18) 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.

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

(20) Hair Relating to Haircutting--The hair extending from the scalp of the head is recognized as the hair trimmed, shaped or cut in the process of hair cutting.

(21) Hair weaver--A person who holds a Hair Weaving Specialty Certificate of Registration and who may perform only the practice of barbering as defined in Texas Occupations Code, §1601.002(1)(H).

(22) License--A license, permit, certificate, or registration issued under the authority of the Act.

(23) License by Substantial Equivalence--A process that permits a barber license holder from another jurisdiction or foreign country to obtain a Texas barber license without repeating barber education or examination license requirements.

(24) Line of Demarcation between "the hair" and "the beard"--The demarcation boundary between scalp hair ("the hair") and facial hair ("the beard") is a horizontal line drawn from the bottom of the ear.

(25) Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(E) and (F).

(26) Mini-Barbershop--A barber establishment in which a person practices barbering 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.

(27) Mini-Dual Shop--A shop owned, operated, or managed by a person holding a mini-barber and mini-beauty shop license under Texas Occupations Code §1603.207.

(28) Mini-Barbershop Permittee--A person or entity that holds a license for a mini-barbershop or mini-dual shop. The mini-barbershop permittee shall be responsible for rules under Texas Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters 82 and 83 for its mini-barbershop or mini-dual shop.

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

(30) Provisional license--A license that allows a person to practice barbering 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) Sideburn--Part of a haircut or style that is a continuation of the natural scalp hair growth, does not extend below the line of demarcation, and is not connected to any other bearded area on the face.

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

[(35) Specialty Instructor--A person authorized by the department to perform or offer instruction in an act or practice of barbering limited to Texas Occupations Code §1601.002(1)(C) - (H).]

(35) [(36)] Specialty Shop--A barber establishment in which only the practice of barbering as defined in Texas Occupations Code §1601.002(1)(E), (F), or (H) is performed.

(36) [(37)] Student Permit--A permit issued by the department to a student enrolled in barber 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 1601 and 1603.

(37) [(38)] 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.

§82.20.License Requirements--Individuals (before September 1, 2023).

(a) To be eligible for a Class A Barber Certificate, [Barber Instructor License,] Barber Technician License, Manicurist License, Barber Technician/Manicurist License, Barber Technician/Hair Weaving License or Hair Weaving Specialty Certificate of Registration, an applicant must:

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

(2) pass the applicable examination;

(3) pay the fee required under §82.80; and

(4) meet other applicable requirements of the Act, this section, and the applicable curriculum standards set forth in §82.120.

(b) To be eligible for a Student Permit, an applicant must:

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

(2) pay the fee required under §82.80; and

(3) meet other applicable requirements of the Act, this section and the applicable curriculum standards set forth in §82.120.

(c) Class A Barber Certificate--To be eligible for a Class A barber certificate, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.253.

[(d) Barber Instructor License--To be eligible for a Barber Instructor License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.254.]

(d) [(e)] Barber Technician License--To be eligible for a Barber Technician License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.256.

(e) [(f)] Manicurist License--To be eligible for a Manicurist License [license], an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.257.

(f) [(g)] Hair Weaving Specialty Certificate of Registration--To be eligible for a Hair Weaving Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.258.

(g) [(h)] Student Permit--To be eligible for a Student Permit [permit], an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.260.

(h) [(i)] Barber Technician/Manicurist Specialty License--To be eligible for a Barber Technician/Manicurist Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.262.

(i) [(j)] Barber Technician/Hair Weaving Specialty License--To be eligible for a Barber Technician/Hair Weaving Specialty License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.263.

(j) This section provides the minimum requirements for applications received by the department before September 1, 2023. For applications received on or after September 1, 2023, §83.200 provides the minimum requirements.

[(k) To be eligible for a Specialty Instructor License as a Manicurist Instructor, Barber Technician Instructor, Barber Technician/Manicurist Instructor, Barber Technician/Hair Weaving Instructor, or Hair Weaving Instructor, an applicant must:]

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

[(2) pay the fee required under §82.80;]

[(3) be at least 18 years of age;]

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

[(5) hold a current specialty license in the specialty or specialties in which the applicant is seeking licensure; and]

[(A) have completed a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; or]

[(B) have at least one year of licensed work experience in each of the specialties in which the applicant is seeking licensure; and]

[(i) have completed 500 hours of instruction in barber courses and methods of teaching in a barber school, or]

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

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

[(6) pass a written and practical exam required under §82.21.]

[(l) To operate a remote service business an individual must be licensed to practice barbering 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.]

[(m) 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 barber 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.]

§82.80.Fees (before September 1, 2023).

(a) Application Fees:

(1) Class A Barber Certificate--$55

[(2) Barber Instructor License--$65]

(2) [(3)] Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$30

(3) [(4)] Student Permit--$25

(4) [(5)] Specialty Certificate of Registration--Hair Weaving--$30

[(6) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving--$65]

(5) [(7)] Barbershop Permit--$60

(6) [(8)] Mini-Barbershop Permit--$60

(7) [(9)] Specialty Shop Permit--$50

[(10) Booth Rental Permit--No fee]

(8) [(11)] School Original Permit--$300

(9) [(12)] Dual Shop--$130

(10) [(13)] Mini-Dual Shop Permit--$60

(11) [(14)] Mobile Shop--$60

(b) Renewal Fees:

(1) Class A Barber Certificate--$55

[(2) Barber Instructor License--$55]

(2) [(3)] Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$30

(3) [(4)] Specialty Certificate of Registration--Hair Weaving--$30

[(5) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving--$30]

(4) [(6)] Barbershop Permit--$60

(5) [(7)] Mini-Barbershop Permit--$60

(6) [(8)] Specialty Shop Permit--$50

(7) [(9)] Booth Rental Permit--No fee

(8) [(10)] School Permit--$200

(9) [(11)] Dual Shop--$100

(10) [(12)] Mini-Dual Shop Permit--$60

(11) [(13)] Mobile Shop--$60

(c) Substantial equivalence or Endorsement Fee--$55

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

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

(f) Law and Rules Book Fee--$10

(g) Late renewal [renewals] fees for licenses, certificates and permits issued under this chapter are provided under §60.83 [of this title] (relating to Late Renewal Fees).

(h) Initial Inspection or Re-inspection of school Fees (for each occurrence)--$200

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

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

(k) This section provides the fees that are required before September 1, 2023. Section 83.201 provides the fees that are required on or after September 1, 2023.

§82.120.Technical Requirements--Curricula Standards (before August 1, 2023).

[(a) Requirement for enrollment. No person may enroll in an instructor's course in an approved barber school before receiving the appropriate license.]

[(b) The curriculum standards for the 750 hour barber instructor license must be completed in a course of not less than 20 weeks as follows:]

[Figure: 16 TAC §82.120(b)]

[(c) The curriculum standards for the barber instructor license with one year experience consists of 500 hours to be completed in a course of not less than 13 weeks as follows:]

[Figure: 16 TAC §82.120(c)]

(a) [(d)] The curriculum standards for the class A barber certificate in a private or public post-secondary barber school consists of 1,000 hours, to be completed in a course of not less than six months, as follows:

Figure: 16 TAC §82.120(a) (.pdf)

[Figure: 16 TAC §82.120(d)]

(b) [(e)] The curriculum standards for the class A barber certificate while holding a cosmetology operator license consists of 300 hours, to be completed in a course of not less than 9 weeks, as follows:

Figure: 16 TAC §82.120(b) (.pdf)

[Figure: 16 TAC §82.120(e)]

(c) [(f)] The curriculum standards for the class A barber certificate in a public secondary program for high school students consists of 1,000 hours of instruction in barber courses [and 500 hours of related high school courses prescribed by the commission in a vocational barber program in a public school] to be completed in a course of not less than six months, with the 1,000 hours as follows:

Figure: 16 TAC §82.120(c) (.pdf)

[Figure: 16 TAC §82.120(f)]

(d) [(g)] The curriculum standards for the manicurist license consists of 600 hours, to be completed in a course of not less than 16 weeks, as follows:

Figure: 16 TAC §82.120(d) (.pdf)

[Figure: 16 TAC §82.120(g)]

(e) [(h)] The curriculum standards for the barber technician/manicurist license consists of 900 hours, to be completed in a course of not less than 24 weeks, as follows:

Figure: 16 TAC §82.120(e) (.pdf)

[Figure: 16 TAC §82.120(h)]

(f) [(i)] The curriculum standards for the barber technician/hair weaving license consists of 600 hours to be completed in a course of not less than 16 weeks, as follows:

Figure: 16 TAC §82.120(f) (.pdf)

[Figure: 16 TAC §82.120(i)]

(g) [(j)] The curriculum standards for the barber technician license consists of 300 hours, to be completed in a course of not less than 8 weeks, as follows:

Figure: 16 TAC §82.120(g) (.pdf)

[Figure: 16 TAC §82.120(j)]

(h) [(k)] The curriculum standards for the hair weaving specialty certificate of registration consists of 300 hours as follows:

Figure: 16 TAC §82.129(h) (.pdf)

[Figure: 16 TAC §82.120(k)]

(i) [(l)] Field Trips.

(1) Barber 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 hour class A Barber course;

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

(C) a maximum of 20 hours for the Barber Techniciancourse;

(D) a maximum of 45 hours for the Barber Technician/Manicurist course;

(E) a maximum of 30 hours for the Barber Technician/Hair Weaving course;

(F) a maximum of 20 hours for the Hair Weaving course; and

[(G) a maximum of 35 hours for the 750 hour Instructor course;]

[(H) a maximum of 25 hours for the 500 hour Instructor course; and]

(G) [(I)] a maximum of 15 hours for the Cosmetology Operator to Class A Barber course.

(3) Students must be under the supervision of an [ 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.

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

(5) No credit may be earned for travel.

(j) This section provides the curriculum standards that are effective before August 1, 2023. Section 83.202 provides the curriculum standards that are required on or after August 1, 2023.

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 9, 2022.

TRD-202203634

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 23, 2022

For further information, please call: (512) 463-7750


16 TAC §§82.21 - 82.23, 82.26, 82.28, 82.29, 82.31, 82.40, 82.50 - 82.52, 82.54, 82.65, 82.70 - 82.74, 82.77, 82.78, 82.90, 82.100 - 82.114

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department. The proposed repeals are also proposed under former Texas Occupations Code, Chapter 1601, which was repealed by HB 1560, Article 3, Section 3.33, but remains in effect by authority of the transition provisions in HB 1560, Article 3, Sections 3.34-3.42.

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

§82.21.License Requirements--Examinations.

§82.22.Permit Requirements--Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops, Mini-Dual Shops, Mobile Shops, and Booth Rental.

§82.23.Permit Requirements--Barber Schools.

§82.26.License Requirements--Renewals.

§82.28.Substantial Equivalence or Endorsement and Provisional Licensure.

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

§82.31.Licenses--License Terms.

§82.40.Barber School Tuition Protection Account.

§82.50.Inspections--General.

§82.51.Initial Inspections--Inspection of Barber Schools Before Operation.

§82.52.Periodic Inspections.

§82.54.Corrective Modifications Following Inspection.

§82.65.Advisory Board on Barbering.

§82.70.Responsibilities of Individuals.

§82.71.Responsibilities of Barbershops, Specialty Shops, Dual Shops, Mini-Barbershops and Mini-Dual Shops.

§82.72.Responsibilities of Barber Schools.

§82.73.Responsibilities of Students.

§82.74.Responsibilities--Withdrawal, Reentry, or Transfer of Student.

§82.77.Remote Service Business Responsibilities.

§82.78.Responsibilities of Mobile Shops.

§82.90.Administrative Penalties and Sanctions.

§82.100.Health and Safety Definitions.

§82.101.Health and Safety Standards--Department-Approved Disinfectants.

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

§82.103.Health and Safety Standards--Hair Cutting, Styling, Treatment and Shaving Services.

§82.104.Health and Safety Standards--Facial Services.

§82.105.Health and Safety Standards--Waxing Services.

§82.106.Health and Safety Standards--Manicure and Pedicure Services.

§82.107.Health and Safety Standards--Electric Drill Bits.

§82.108.Health and Safety Standards--Footspas.

§82.109.Health and Safety Standards--Wig and Hairpiece Services.

§82.110.Health and Safety Standards--Hair Weaving Services.

§82.111.Health and Safety Standards--Blood and Body Fluids.

§82.112.Health and Safety Standards--Prohibited Products or Practices.

§82.113.Health and Safety Standard--FDA.

§82.114.Health and Safety Standard--Establishments.

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 August 9, 2022.

TRD-202203635

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 23, 2022

For further information, please call: (512) 463-7750


CHAPTER 83. BARBERS AND COSMETOLOGISTS [COSMETOLOGISTS ]

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.1, 83.10, 83.20 - 83.26, 83.28, 83.29, 83.40, 83.51, 83.70 - 83.74, 83.77, 83.78, 83.80, 83.90, 83.100 - 83.108, 83.110 - 83.115, and 83.120; new rules at §§83.2, 83.31, 83.50, 83.65, and 83.200 - 83.202; the repeal of existing rules at §§83.31, 83.50, 83.52, 83.54, 83.65, and 83.109; and an amendment to the rule chapter title, regarding the Barbering and Cosmetology program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 83, implement Texas Occupations Code, Chapter 1603, Barbering and Cosmetology, and former Chapter 1602, Cosmetologists, which was repealed by House Bill (HB) 1560, Article 3, 87th Legislature, Regular Session (2021).

The proposed rules are necessary to implement HB 1560, which consolidates the bifurcated licensing and regulation of barbers and cosmetologists into a single Barbering and Cosmetology program. HB 1560 adopts the recommendations of the Texas Sunset Advisory Commission to consolidate and administer the two programs as one; consolidate comparable barbering and cosmetology license types for individuals, establishments, and schools; align requirements for all licenses; eliminate instructor licenses and wig-related licenses; replace the separate advisory boards with the Barbering and Cosmetology Advisory Board; replace the separate tuition protection accounts with a single account; and eliminate state regulation of barber poles. HB 1560 repeals former Texas Occupations Code, Chapter 1601, Barbers, which applied only to barbering; repeals former Texas Occupations Code, Chapter 1602, Cosmetologists, which applied only to cosmetology; and amends Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology, to provide the consolidated statutory requirements for the licensing and regulation of both barbering and cosmetology.

The proposed rules implement HB 1560 by creating a transition from the two current rule chapters providing the rules for barbering and cosmetology, consisting of current 16 TAC, Chapter 82, Barbers, and Chapter 83, Cosmetologists, into a single, revised Chapter 83, Barbers and Cosmetologists, providing standardized rules for barbering and cosmetology. The proposed rules harmonize the rules for barbers and cosmetologists by aligning health and safety standards, license requirements, and responsibilities for comparable practitioner, school, and establishment license types, in accordance with the new statutory framework provided by HB 1560. The proposed rules include transition provisions to explain how each current license type will transition to the corresponding new license type. The proposed rules provide curriculum standards for each new license type that become effective on August 1, 2023, a date that enables schools to adjust their courses for the fall semester. The proposed rules provide for the Department to begin issuing the new license types on September 1, 2023, with updated fees set in amounts reasonable and necessary to cover the costs of administering the program.

Separate from the proposed rules, the Department is pursuing a concurrent rulemaking to amend Chapter 82 by repealing provisions that will become unnecessary due to the changes to Chapter 83 in the proposed rules.

Health and Safety Workgroup Recommendations

The proposed rules include recommendations by the Health and Safety Workgroup of the Barbering and Cosmetology Advisory Board to exclude isopropyl and ethyl alcohol from the list of Department-approved chemicals that may be used as a disinfectant for implements and tools; and align establishment equipment requirements with the type of services being offered rather than the type of establishment license held, to alleviate unnecessary expenses for licensees.

Education and Examination Workgroup Recommendations

The proposed rules include recommendations by the Health and Safety Workgroup of the Barbering and Cosmetology Advisory Board to impose a requirement of four hours of continuing education for the renewal of a practitioner license, with a temporary exemption for current holders of barbering licenses; update the topics required and allowed for continuing education hours; streamline the curriculum standards between similar barbering and cosmetology license types; allow class A barber students and cosmetology operator students to be taught together for 700 hours of the 1,000-hour course; designate the curriculum requirements relating to theory hours for each license type; and increase the percentage of hours that may be obtained through field trips.

Advisory Board Recommendations

The proposed rules, excluding the changes described under the next subheading, were presented to and discussed by the Barbering and Cosmetology Advisory Board at its meeting on August 19, 2022. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

Additional Changes by Department Staff

The proposed rules include changes that were not presented to the Advisory Board and were subsequently added by Department staff. These changes were not addressed in the Advisory Board's recommendation to publish the proposed rules. Proposed new §83.2 was modified by removing the plural pronouns "they" and "their", which referred to the singular noun "person", from subsections (a) and (b) and rephrasing to remove the need for pronouns. Section 83.25 was modified by adding the preposition "A" to the beginning of new subsection (e) to correct grammar. Proposed new §83.50 was modified by adding new subsection (d) to clearly provide that establishments and schools must cooperate with inspectors and investigators in the performance of inspections and investigations. Section 83.77 was modified in subsection (e)(5) by adding a comma to correct punctuation and adding the preposition "a" to correct grammar, and in subsection (j) by removing the preposition "a" to correct grammar. Section 83.80 was modified by correcting an erroneous deletion of "salons" in new subsection (a)(4). Section 83.106 was modified by removing an erroneous repetition of the phrase "or a" from subsection (f) to correct grammar. Section 83.111 was modified in subsection (a) by replacing "contract the skin" with "contact the skin" for clarity. Proposed new §83.201 was modified by rephrasing and reorganizing the license types listed in subsections (a) and (b) to improve clarity; and adding to subsections (a) through (i) the amount of each corresponding fee that will be in effect on or after September 1, 2023, which are based on calculations conducted by Department staff that were not yet complete at the time the proposed rules were presented to the Advisory Board.

SECTION-BY-SECTION SUMMARY

The proposed rules amend the title of Chapter 83 to read "Barbers and Cosmetologists" to reflect the chapter's expanded applicability to barbers and cosmetologists.

The proposed rules amend §83.1, Authority, by revising the list of rulemaking authority to include HB 1560, Article 3, and remove Chapter 1602, which was repealed by HB 1560.

The proposed rules add new §83.2, Transition Provisions, to provide guidance regarding the transition to the new license types and requirements created by HB 1560. The proposed rules add new subsection (a) to clarify the services that may be performed by current holders of a cosmetology hair weaving specialty certificate until the certificate expires or is replaced by a hair weaving license. The proposed rules add new subsection (b) to provide the services that may be performed by current holders of barber specialty licenses and the applicable replacement license types, including new subsection (b)(1) for holders of barber technician licenses, who will be eligible for esthetician licenses; new subsection (b)(2) for holders of barber manicurist licenses, who will be eligible for manicurist licenses; new subsection (b)(3) for holders of barber technician/manicurist specialty licenses, who will be eligible for manicurist/esthetician licenses; new subsection (b)(4) for holders of barber technician/hair weaving specialty licenses, who will be eligible for hair weaving specialist/esthetician licenses; and new subsection (b)(5) for holders of barber hair weaving specialty certificates of registration, who will be eligible for hair weaving licenses. The proposed rules add new subsection (c) to clarify that current holders of barber or cosmetology practitioner licenses may provide instruction for the same activities they are allowed to perform under their license; add new subsection (d) to provide an exemption for current holders of barber school permits from the requirement in §83.72(u) for the school to have a classroom separated from the laboratory area by walls extending to the ceiling, and to clarify that they are eligible for a private or public school license; and add new subsection (e) to specify what course types schools can apply to the Department for approval to provide, including new subsection (e)(1) to provide the standards in effect before September 1, 2023, consisting of new subsection (e)(1)(A) for barber schools and new subsection (e)(1)(B) for beauty culture schools, and new subsection (e)(2) to specify the standards in effect on or after September 1, 2023. The proposed rules add new subsection (f) to clarify the services that may be provided by current holders of establishment licenses and the applicable replacement license types, including new subsection (f)(1) for holders of barbershop permits, who will be eligible for full-service establishment licenses; new subsection (f)(2) for holders of beauty shop licenses, who will be eligible for full-service establishment licenses; new subsection (f)(3) for holders of dual shop licenses, who will be eligible for full-service establishment licenses; new subsection (f)(4) for holders of barber manicurist specialty shop permits, who will be eligible for manicurist specialty establishment licenses; new subsection (f)(5) for holders of hair weaving specialty shop permits, who will be eligible for hair weaving specialty establishment licenses; and new subsection (f)(6) for holders of mini or mobile licenses, who become eligible for mini or mobile establishment licenses, respectively. The proposed rules add new subsection (g) to clarify that a reference to a license issued under the Act also refers to the corresponding license type issued before the license transition, as identified in the previous subsections.

The proposed rules amend §83.10, Definitions, by amending the definition for "Act" to remove the reference to Chapter 1602, which was repealed by HB 1560; adding a definition for "Barbering" to provide consistency with its description in Occupations Code §1603.0011, as added by HB 1560; removing the definition for "Beauty Culture School" because the term was repealed by HB 1560; amending the definition for "Board" to provide consistency with the Barbering and Cosmetology Advisory Board described in Occupations Code, Chapter 1603, Subchapter B, as amended by HB 1560; removing the definition for "Booth rental license", which was repealed by HB 1560; adding a definition for "Class A Barber" to provide consistency with the Class A barber license described in Occupations Code §1603.2103(a)(1), as added by HB 1560; amending the definition for "Common Area" to make the term applicable to all schools and establishments; adding a definition for "Cosmetology" to provide consistency with the description of the same term in Occupations Code §1603.0011, as added by HB 1560; removing the definition for "Cosmetology establishment" because HB 1560 removed the distinction between barber and cosmetology establishments; relocating in alphabetic order the definition for "Department"; amending the definition for "Digitally Prearranged Remote Service" to provide consistency with its definition in Occupations Code §1603.208(a)(2), as amended by HB 1560; removing the definition for "Dual Shop" because the dual shop license was repealed by HB 1560; adding a definition for "Establishment" to provide consistency with its definition in Occupations Code §1603.001(4), as amended by HB 1560; amending the definition for "Esthetician" to provide consistency with the esthetician license described in Occupations Code §1603.2103(a)(4), as added by HB 1560; amending the definition for "Esthetician/Manicurist" to provide consistency with the manicurist/esthetician license described in Occupations Code §1603.2103(a)(5), as added by HB 1560; adding a definition for "Executive Director" to provide consistency with its definition in Occupations Code §1603.001(5); relocating in alphabetical order the definition for "Eyelash Extension Application"; relocating in alphabetic order and amending the definition for "Eyelash Extension Specialist" to provide consistency with the eyelash extension specialist license described in Occupations Code §1603.2103(a)(8), as added by HB 1560; adding a definition for "Full-service Establishment" to refer to the holder of the establishment license described in Occupations Code §1603.2203(a)(1), as added by HB 1560; amending the term "Hair weaver" to become "Hair weaving specialist" and amending its definition to provide consistency with the hair weaving specialist license described in Occupations Code §1603.2103(a)(6), as added by HB 1560; adding a definition for "Hair weaving specialist/esthetician" to refer to the holder of the hair weaving specialist/esthetician license type described in Occupations Code §1603.2103(a)(7), as added by HB 1560; amending the definition for "Instructor" to provide consistency with the requirements for providing instruction in Occupations Code §1603.2303(a), as added by HB 1560; amending the definition for "Law and Rules Book" to clarify it is "a publication prepared and issued in a format prescribed by the department" and remove the reference to Chapter 1602, which was repealed by HB 1560; amending the definition for "License" to rephrase its wording for clarity and to specify that the term does not include a student permit; amending the definition for "License by substantial equivalence" to clarify its applicability to barbering license holders from outside the state; amending the definition for "Manicurist" to provide consistency with the manicurist license described in Occupations Code §1603.2103(a)(3), as added by HB 1560; amending the term "Mini-Salon" to become "Mini-Establishment" and amending its definition to provide consistency with the mini-establishment license described in Occupations Code §1603.2203(a)(7), as added by HB 1560; amending the term "Mobile Shop" to become "Mobile Establishment" and amending its definition to provide consistency with the mobile establishment license described in Occupations Code §1603.2203(a)(8), as added by HB 1560; amending the definition for "Operator" to provide consistency with the cosmetology operator license type described in Occupations Code §1603.2103(a)(2), as added by HB 1560; adding a definition for "Practitioner" to refer to the holder of an individual practitioner license described in Occupations Code §1603.2103(a), as added by HB 1560; adding a definition for "Private School" to refer to the holder of the private postsecondary school license described in Occupations Code §1603.2303(a), as added by HB 1560; amending the definition for "Provisional license" to clarify its applicability to the practice of barbering; adding a definition for "Public School" to refer to the holder of the public secondary school license or the public postsecondary school license described in Occupations Code §1603.2303(a), as added by HB 1560; amending the definition for "Remote Service Business" to provide consistency with its definition in Occupations Code §1603.208(a)(3), as amended by HB 1560; relocating in alphabetical order the definition for "Safety Razor"; adding a definition for "School" to provide consistency with its definition in Occupations Code §1603.001(7), as added by HB 1560; amending the definition for "Special Event" to clarify its meaning and provide consistency with its use in Occupations Code §1603.2109, as added by HB 1560; adding a definition for "Specialty Establishment" to refer to the holder of an establishment license described in Occupations Code §1603.2203(a)(2) through (a)(6), as added by HB 1560; amending the definition for "Specialty Instructor" to refer to an individual providing instruction within the scope of an individual practitioner license described in Occupations Code §1603.2103(a)(3) through (a)(8), as amended by HB 1560; removing the definition for "Specialty Salon or Specialty Shop" because the term becomes unnecessary with the proposed new definition for "Specialty Establishment"; amending the definition for "Student Permit" to clarify its applicability to barbering; removing the definition for "Wig Specialist" because the wig specialty certificate was repealed by HB 1560; and renumbering the remaining provisions accordingly.

The proposed rules amend §83.20, License Requirements--Individuals, by amending the rule title to read "License Requirements--Individuals (before September 1, 2023)" to clarify the rule's applicability to practitioner license applications received by the Department before September 1, 2023; amending subsection (a) to rephrase subsection (a)(1) for clarity, add clarifying language to subsection (a)(2), remove the text in current subsection (a)(5)(B) that allowed instruction hours to be completed in a public school vocational program, and relabel the remaining subsections accordingly; amending subsection (b)(5)(C)(i) to clarify that an application for an esthetician/manicurist specialty license received by the Department on or after August 1, 2023, is only required to have 800 hours of esthetician/manicure instruction; rephrasing subsection (c) for clarity; amending subsection (e) to remove references to the wig specialty certificate that was repealed by HB 1560, remove the text of current subsection (e)(4)(B) providing the instruction hours for a wig specialty certificate, relocate the text of current subsection (e)(4)(A) to the main body of subsection (e)(4), and relabel subsection (e)(4) to remove subsections (e)(4)(A) and (e)(4)(B); removing the current text in subsection (f) providing the eligibility requirements for an instructor or specialty instructor license, which were repealed by HB 1560; relocating the current text in subsection (g) to subsection (f) and rephrasing the text for clarity; adding new text to subsection (g) to clarify the applicability of the rule; removing subsection (h), which provided that a license application is valid for one year from the date it is filed with the Department, because the subject is addressed in the Department's general procedural rules in 16 TAC, Chapter 60, which are applicable to all programs administered by the Department; removing subsection (i), which contained requirements for operating a remote service business, and relocating its substance to §83.77(a); and removing subsection (j), which contained transition provisions that are no longer necessary.

The proposed rules amend §83.21, License Requirements--Examinations, by rephrasing subsection (a)(1) for clarity; amending subsection (b) to expand its applicability beyond operator hours; amending subsection (d) to rephrase its wording for clarity and expand its applicability to barbering services; amending subsection (e) to rephrase its wording for clarity and remove the numerical designation for the passing grade of an examination; and amending subsection (h) to clarify that the Department may require proof of parental approval for models under 18 years of age.

The proposed rules amend §83.22, License Requirements--Beauty Salons, Specialty Salons, Mini-Salons, Dual Shops, Mini-Dual Shops, Mobile Shops, and Booth Rentals (Independent Contractors). The proposed rules amend the section title to read "License Requirements--Establishments" to clarify the section's expanded applicability to all establishments; amend subsection (a) to expand its applicability to all establishments; rephrase subsection (a)(3) for clarity and to add the requirement for the establishment application to be verified; amend the punctuation of subsection (a)(4) to allow for additional subsections; add new subsection (a)(5) to require an applicant to own or rent the establishment; add new subsection (a)(6) to require the applicant to have not committed an act that constitutes a ground for denial of a license; amending subsection (b) by removing the current text regarding applications for dual shop or mini-dual shop licenses, which were repealed by HB 1560, and adding text to provide additional requirements for establishment license applicants, including new subsection (b)(1) to require the establishment to meet minimum health and safety standards for an establishment, and new subsection (b)(2) to require the establishment to comply with all other requirements; amending subsection (c) to update a cross-reference and expand the rule's applicability to all mobile establishments; and removing subsection (d), which provided requirements for operating a remote services business that are duplicative of new §83.77(a), and provided requirements for operating a beauty salon, specialty salon, dual shop, mobile shop, mini-salon, or mini-dual shop, all of which were repealed by HB 1560.

The proposed rules amend §83.23, License Requirements--Beauty Culture Schools. The proposed rules amend the rule title to read "License Requirements--Schools" to clarify the section's expanded applicability to all barber and cosmetology schools; amend subsection (a) to expand its applicability to all barber and cosmetology schools; rephrase subsection (a)(3) for clarity; amend subsection (a)(4) to remove subsection (a)(4)(A) regarding fees for a private beauty culture school and subsection (a)(4)(B) regarding fees for a public beauty culture school, and add text referring to fees required for any barber or cosmetology school; add new subsection (a)(5) to require a school license applicant to meet the health and safety standards; add new subsection (a)(6) to contain text relocated from current subsection (a)(5) regarding financial statements for private beauty schools and amend the text to expand its applicability to all private school license applicants, to require the financial statement to be provided in the format prescribed by the Department, and to require the applicant to demonstrate sufficient financial resources to operate for at least 12 months without relying on student tuition; amend subsection (b) to expand its applicability to all barber and cosmetology schools; amend subsection (c) to expand its applicability to all private barber and cosmetology schools and remove unnecessary language; amend subsection (c)(1) by changing "adequate drinking fountain facilities" to "adequate drinking water"; amend subsection (d) to expand its applicability to all barber and cosmetology schools and remove unnecessary language; amend subsection (d)(1) by removing the requirement for a public school to have an office and a dispensary; and amend subsection (e) to expand its applicability to all barber and cosmetology schools and remove unnecessary language.

The proposed rules amend §83.24, Inactive Status, by amending subsection (a) to rephrase and reorganize the text to include new subsection (a)(1), containing the requirements for submitting an application, and new subsection (a)(2), containing the requirement to pay a fee; amending subsection (b) to expand its applicability to any act of barbering or cosmetology; and rephrasing subsection (d)(1) for clarity.

The proposed rules amend §83.25, License Requirements--Continuing Education. The proposed rules amend subsection (b) to expand its applicability to all practitioner licenses, to remove unnecessary language, and to rephrase its language for clarity; amend subsection (b)(1) to provide consistency in capitalization of terminology; amend subsection (b)(2) to require renewals on or after September 1, 2025, to include completion of one hour of continuing education on human trafficking prevention; add new subsections (b)(2)(A) through (b)(2)(C) to specify the information that must be included in the hour on human trafficking prevention; add new subsection (b)(3) to require the remaining continuing education hours to cover any topics listed in new subsection (h); amend subsection (c) to require continuing education taught before September 1, 2025, to include required information about human trafficking prevention, without a minimum time requirement for the topics; remove current subsection (d), which contained the requirements for renewal of instructor licenses, which were repealed by HB 1560; remove current subsection (e), which contains continuing education requirements that unnecessarily duplicate the requirements in new subsection (b)(2); relabel current subsection (f) to become new subsection (d); reorganize current subsection (g) by relabeling current subsection (g)(1) as new subsection (e) and relabeling current subsection (g)(2) as new subsection (f) and adding a reference to 16 TAC, Chapter 59, for clarity; relabel current subsection (h) to become new subsection (g) and rephrase its language for clarity; relabel current subsection (i) to become new subsection (h); amend new subsection (h)(1) and (h)(2) to provide consistency in capitalization; amend new subsection (h)(3) to rephrase its wording for clarity and to add a reference to the curriculum standards in §83.202; add new subsection (h)(4) to include mental health awareness as an approved topic for continuing education courses; add new subsection (h)(5) to include human trafficking prevention as an approved topic for continuing education, including new subsections (h)(5)(A) through (h)(5)(C), which detail the required information for the topic; relabel current subsection (j) to become new subsection (i); relabel current subsection (k) to become new subsection (j); relabel current subsection (l) to become new subsection (k); amend new subsection (k) to provide alternate continuing education requirements for practitioners who have been licensed for at least 15 years, including new subsection (k)(1) for renewals before September 1, 2025, and new subsection (k)(2) for renewals on or after September 1, 2025; and add new subsection (l) to provide an exemption from continuing education requirements for barber licensees until September 1, 2025.

The proposed rules amend §83.26, Licensing Requirements--Renewals. The proposed rules amend subsection (a)(2) by rephrasing its wording for clarity; amend subsection (b) to expand its applicability to all practitioner licenses; and amend subsection (c) to expand its applicability to barbering.

The proposed rules amend §83.28, Substantial Equivalence or Endorsement and Provisional Licensure. The proposed rules amend the rule title to read "Substantial Equivalence and Provisional Licensure"; amend the body of subsection (a) by removing unnecessary language; rephrase subsection (a)(1) for clarity; amending subsections (a)(4) and (a)(5) to provide grammatical consistency; adding new subsection (a)(6) to provide an age requirement of 17 years for applicants on or after September 1, 2023; remove unnecessary language from subsection (c); amend subsection (d) to remove the exception that prohibited the Department from waiving operator license requirements for the purpose of substantial equivalence licensing; amend subsection (e) to expand its applicability to barbering and cosmetology licenses; amend subsection (f)(1) by adding the requirement for the provisional license application to be submitted in the manner prescribed by the Department, and expanding its applicability to all barber and cosmetology licenses; remove unnecessary language from subsection (f)(2); amend subsection (f)(3) to provide the Department authority to recognize examinations for purposes of provisional licensing; amend subsection (g) to expand its applicability to barbering and remove unnecessary language; amend subsection (h) by removing unnecessary language and adding language allowing the Department to extend the provisional license period if examination results have not been received; amend subsection (i) by removing unnecessary language; amend subsection (j) by expanding its applicability to all barber and cosmetology licenses; and add new subsection (k), which allows an applicant for a class A barber or operator license to substitute documented work experience for required course hours, and provides the maximum allowed rate of substitution per month and the maximum total hours that may be substituted.

The proposed rules amend §83.29 by amending its title to read "Establishment or School Relocation, Change of Ownership, Owner Death or Incompetency"; amending subsection (b) to remove unnecessary language and to extend its exemption to all mobile establishments; relabel current subsection (c) to become new subsection (d); add new subsection (c) to provide the requirements for the relocation of a school; amend new subsection (d) to expand its applicability to schools; and amend subsection (d)(4) to add clarifying language.

The proposed rules repeal current §83.31, "Licenses--License Terms", and add new §83.31, with the same section title, consisting of new subsection (a) to provide a license term of two years for practitioner licenses in new subsection (a)(1) and establishment licenses in new subsection (a)(2); new subsection (b) to provide a license term of one year for school licenses; and new subsection (c) to provide that a student permit does not expire.

The proposed rules amend §83.40 by amending its title to read "Barbering and Cosmetology School Tuition Protection Account"; amending subsection (a) provide consistency with the barbering and cosmetology school tuition protection account established in Occupations Code §1603.3608, as added by HB 1560; amending subsections (a)(1) and (a)(2) to expand their applicability to all private schools; amending subsection (b) to expand its applicability to all private schools, update terminology, and increase the required minimum account balance from $200,000 to $225,000 to provide consistency with Occupations Code §1603.3608(a), as added by HB 1560; amending subsections (d) and (e) to expand their applicability to all private schools; amending subsection (f) by updating terminology and increasing the maximum total claim payment from $10,000 to $35,000 to provide consistency with Occupations Code §1603.3607(c), as added by HB 1560; amending subsections (g) and (h) to expand their applicability to all private schools and update terminology; amending subsection (j) to expand its applicability to all private schools; and amending subsection (k) to expand its applicability to all private schools and update terminology.

The proposed rules repeal current §83.50, "Inspections--General", and add new §83.50, with the same section title. By repealing and replacing this section, the proposed rules effectively amend subsection (a) by replacing its current language with new language requiring schools and establishments to be inspected in accordance with Texas Occupations Code, Chapter 51, and the Department’s inspection rules in 16 TAC, Chapter 60; amend subsection (b) by replacing its current language with new language requiring an establishment to provide the Department upon request a list of all independent contractors and all mini-establishment licensees who work in the establishment; amend subsection (c) by replacing its current language with new language providing that the Department will make information available to establishments and schools regarding best practices for risk-reduction techniques; and amend subsection (d) by adding references investigators and investigations.

The proposed rules amend §83.51 by amending its title to read "Initial Inspections--Inspection of Schools Before Operation" to clarify its expanded applicability to all schools; amending subsection (a) to expand its applicability to all schools; amending subsection (b) to expand its applicability to all schools; amending subsection (d) by replacing its current language with new language providing that schools must be inspected in accordance with Texas Occupations Code, Chapter 51, and the Department's inspection rules in 16 TAC, Chapter 60; removing current subsection (e) and relabeling current subsection (f) to become new subsection (e) and amending its language to expand its applicability to all schools and remove its reference to a fee for a reinspection request.

The proposed rules repeal §83.52, Periodic Inspections, to remove requirements for inspections to be conducted within a specified period of time and allow the Department to focus its resources on the risk-based inspections required by Texas Occupations Code §51.211.

The proposed rules repeal §83.54, Corrective Modifications Following Inspection, because the requirements relating to corrective actions are addressed in the Department's procedural rules at 16 TAC, Chapter 60, which apply to all programs administered by the Department.

The proposed rules repeal current §83.65, Advisory Board on Cosmetology, and replace it with proposed new §83.65, Barbering and Cosmetology Advisory Board, to provide consistency with the advisory board established in Occupations Code §1603.051, as amended by HB 1560. The proposed new section consists of new subsection (a), which provides the purpose of the advisory board, and new subsection (b), which provides the composition of the advisory board and the length of terms of its members.

The proposed rules amend §83.70, Responsibilities of Individuals, by amending the section title to read "Responsibilities of Individual Practitioners" to provide clarity; amending subsections (a) through (c) to update terminology for consistency and clarity; removing current subsection (d) to remove requirements relating to booth rental permits, which were repealed by HB 1560; relabeling current subsection (e) to become new subsection (d) and updating its terminology for consistency and clarity; relabeling current subsection (f) to become new subsection (e) and amending its language to require current licenses to be either posted near the licensee's workstation or made available at the establishment reception desk; relabeling current subsection (g) to become new subsection (f) and amending its language to provide the minimum size of the photograph of the licensee that must be attached to the front of a practitioner license or permit, to allow the photograph to be digitally displayed along with an image of the license or permit, and to prohibit the photograph from obscuring any information on the license or permit; relabeling current subsection (h) to become new subsection (g) and updating its terminology for consistency and clarity; relabeling current subsection (i) to become new subsection (h) and updating its terminology for consistency and clarity; relabeling current subsection (j) to become new subsection (i) and amending its text to remove unnecessary language and update terminology for consistency and clarity; and amending current subsection (k) to become new subsection (j) and updating its terminology for consistency and clarity.

The proposed rules amend §83.71, Responsibilities of Beauty Salons, Mini-Salons, Specialty Salons, Dual Shops, Mini-Dual Shops, and Booth Rentals. The proposed rules amend the section title to read "Responsibilities of Establishments" to reflect the section's expanded applicability to all barbering and cosmetology establishments; amend subsection (a) to require each establishment to have the current law and rules book issued by the Department, rather than just a copy of the book; amend subsection (c) to expand its applicability to all establishments and remove the requirement for a booth rental license, which was repealed by HB 1560; amend subsection (d) to expand its applicability to all establishments and update its terminology for consistency; amend subsection (e) to expand its applicability to all mini-establishment license holders and update its terminology for consistency; amend subsection (f) to expand its applicability to all establishments and update its terminology for consistency; amend subsection (g) to expand its applicability to all establishments; amend subsection (g)(1) to clarify that the sink required for each establishment must be "in an area where services are performed"; amend subsection (g)(2) to update its terminology for consistency; amend subsection (h)(1) to expand its applicability to all full-service establishments and mini-establishments and update its terminology for consistency; amend subsection (h)(1)(B) to update its terminology for consistency; amend subsection (h)(1)(C) to improve grammar and to identify the services that, if provided, would require an establishment to have at least one shampoo bowl or would require a mini-establishment to have access to at least one shampoo bowl; amend subsection (h)(2) to expand its applicability to all establishments providing manicure services and update its terminology for consistency and clarity; amend subsection (h)(3) to expand its applicability to all establishments providing esthetician services and update terminology for consistency and clarity; amend subsection (h)(4) to expand its applicability to all establishments providing combination esthetician/manicure services and update terminology for consistency; amend subsection (h)(5) to expand its applicability to all establishments providing eyelash extension services and update terminology for consistency; amend subsection (h)(5)(A) to allow a chair to fulfill the requirement for equipment allowing the consumer to lie completely flat and to rephrase its language for clarity; amend subsections (h)(5)(B) and (h)(5)(C) to provide grammar and punctuation that allows for the addition of new subsection (h)(5)(D), which adds the requirement for "one mirror"; remove current subsection (h)(6) because it addresses requirements for wig salons, which were repealed by HB 1560; relabel current subsection (h)(7) as new subsection (h)(6), expand its applicability to all establishments providing hair weaving services and update terminology for consistency, add a requirement for "one chair dryer or handheld dryer" in new subsection (h)(6)(C), and add new subsection (h)(6)(D) to require at least one shampoo bowl; remove current subsection (h)(8) because it provides requirements applicable to dual shops, which were repealed by HB 1560; remove current subsection (h)(9) because it provides requirements applicable to mini-dual shops, which were repealed by HB 1560; amend subsection (i) to expand its applicability to all practitioners acting as independent contractors; amend subsection (j) to expand its applicability to all practitioners acting as independent contractors; amend subsection (j)(1) to expand its applicability to all independent contractor practitioners in full-service establishments and update terminology for consistency; amend subsection (j)(2) to expand its applicability to all independent contractor practitioners in establishments providing esthetician services and updating its terminology for consistency and grammar; amend subsection (j)(3) to expand its applicability to all independent contractor practitioners in establishments providing manicure services and updating its terminology for consistency and clarity; amend subsection (j)(4) to expand its applicability to all independent contractor practitioners in establishments providing eyelash extension services, to allow a chair to fulfill the requirement for equipment allowing the consumer to lie completely flat, and to add the requirement for a mirror; amend subsection (k) to expand its applicability to all practitioners acting as independent contractors; amend subsection (l) to expand its applicability to all establishments and to change the current requirement to display their most recent inspection report to instead require only that they display a notice that a copy of the inspection report is available upon request; amend subsection (m) to expand its applicability to all licensed establishments and update its statutory references for consistency; add new subsection (n) to impose a duty on establishments to ensure their practitioners are properly licensed; add new subsection (o) to prohibit establishments from performing or offering services outside the scope of their license; add new subsection (p) to provide restrictions on operating multiple establishments or schools on the same premises at the same time, with an exception for mini-establishments and mobile establishments; and add new subsection (q) to require establishments to display a copy of the health and safety rules and to clarify that this requirement may be met by making the law and rules book accessible to all practitioners working in the establishment.

The proposed rules amend §83.72, Responsibilities of Beauty Culture Schools, by amending the section title to read "Responsibilities of Schools" to reflect the section's expanded applicability to all barbering and cosmetology schools; amending subsection (a) to update terminology for consistency and to clarify that each school must have the current law and rules book issued by the Department and not merely a copy of the book; amending subsection (b) to update terminology for consistency; amending subsection (c) by rephrasing language for clarity and updating terminology for consistency; amending subsection (d) to update terminology for clarity; removing current subsection (d) because it addresses student-instructors, which were repealed by HB 1560; relabeling current subsection (f) to become new subsection (e) and amending its language to remove references to licensed instructors and student-instructors, which were repealed by HB 1560, to require an instructor's physical presence for practical curriculum activities and an instructor's physical presence or participation through distance education for theory curriculum activities, and to update terminology for consistency; relabeling current subsection (g) to become new subsection (f); relabeling current subsection (h) to become new subsection (g) and updating its terminology for clarity; relabeling current subsection (i) to become new subsection (h); relabeling current subsection (j) to become new subsection (i), adding language to require schools to ensure compliance with the subsection's requirements, and updating its phrasing and terminology for clarity and consistency; relabeling current subsection (k) to become new subsection (j) and removing its references to licensed instructors and student-instructors, which were repealed by HB 1560; relabeling current subsection (l) to become new subsection (k) and updating its language to add clarity and correct grammar; relabeling current subsection (m) to become new subsection (l) and updating its language to add clarity; relabeling current subsection (n) to become new subsection (m) and updating its language to improve clarity; relabeling current subsection (o) to become new subsection (n); relabeling current subsection (p) to become new subsection (o); relabeling current subsection (q) to become new subsection (p) and updating its language to improve clarity; removing current subsection (r) to remove the requirement for public schools to submit a student's accrual of 500 hours in math, lab science, and English; relabel current subsection (s) to become new subsection (q) and amend its language to expand its applicability to barbering and cosmetology; relabel current subsection (t) to become new subsection (r) and amend its language to expand its applicability to barbering and cosmetology; relabel current subsection (u) to become new subsection (s); and relabel current subsection (v) to become new subsection (t) and amend its language to remove reference to a licensed instructor, which was repealed by HB 1560. The proposed rules relabel current subsection (w) to become new subsection (u) and amend its language to expand its applicability to all schools and to remove unnecessary language; amend paragraph (4) to remove the requirement to have a dispensary and to add a requirement for the mandatory storage space to be secure; amend paragraphs (6) and (7) to improve grammar and punctuation; add language to paragraph (8) to enumerate the qualitative requirements for equipment that must be provided for each student; relabel current paragraph (8) to become new paragraph (9) and amend its language to expand its applicability to all schools offering the class A barber or operator curriculum standards, to update terminology in subparagraph (E) for consistency, to remove the requirement in subparagraph (F) for the mannequin to include a table or be attached to a styling station, to remove the requirement in subparagraph (H) for the manicure station to have a table, to add a requirement in subparagraph (I) for the chair to recline, to remove current subparagraph (J) and its requirement to have a lighted magnifying glass, and to relabel the remaining subparagraphs accordingly; relabel current paragraph (9) to become new paragraph (10) and amend its language to improve grammar, to remove unnecessary language, to add a requirement in subparagraph (A) for the chair to recline, to remove current subparagraph (J) and its requirement to have a paraffin bath and paraffin wax, and to relabel the remaining subparagraphs accordingly; relabel current paragraph (10) to become new paragraph (11) and amend its language to improve grammar, to remove unnecessary language, to remove the requirement in subparagraph (B) for a manicure station to include a table and add a requirement for its lighting to be sufficient, to remove the requirement in subparagraph (I) for an air brush system, and to relocate the language in current subparagraph (J) to become new subparagraph (I); relabel current paragraph (11) to become new paragraph (12) and amend its language to improve grammar, update cross-references, and remove the requirement to have a wax warmer and paraffin warmer for each service; relabel current paragraph (12) to become new paragraph (13) and amend its language to correct grammar and punctuation, to remove unnecessary language, and to add to subparagraph (A) the ability for a facial chair to meet the requirement for equipment allowing the consumer to lie completely flat; relabel current paragraph (x) to become new paragraph (v) and amending its language to expand its applicability to all schools, to update subparagraph (1) to require schools only to post a notice that their most recent inspection report is available upon request, to update subparagraph (2) by updating statutory references, and to add new subparagraph (3) to add the requirements for the sign reading "SCHOOL--STUDENT PRACTITIONERS" that schools must display to meet the requirements of Occupations Code §1603.2305, as added by HB 1560; add new subsection (w) to provide a cap of 184 hours per month for the hours that a school may provide to a student; and add new subsection (x) to add the requirement for each school to display a copy of the sanitation rules, as required by Occupations Code §1603.357, as added by HB 1560, and to allow for the requirement to be met by making the law and rules book accessible to all students and staff.

The proposed rules amend §83.73, Responsibilities of Students, by rephrasing subsection (b) for clarity.

The proposed rules amend §83.74, Responsibilities--Withdrawal, Termination, Transfer, School Closure. The proposed rules amend subsection (a) to expand its applicability to all schools; amend subsection (b) to provide gender neutrality; amend subsection (d) to expand its applicability to all schools and update references to statute and rule; amend subsection (e) by rephrasing its language for clarity; amend subsection (f) to update a reference to statute; amend subsection (g) to expand its applicability to all out-of-state students; amend subsection (h) to expand its applicability to all barbering and cosmetology courses and remove unnecessary language.

The proposed rules amend §83.77, Remote Service Business Responsibilities. The proposed rules rephrase subsection (a) for clarity and restructure subsection (a) by adding new subsection (a)(1) to require notice of intent to operate a remote service business, adding new subsection (a)(2) to require a permanent mailing address for the remote service business, and adding new subsection (a)(3) to require verification of compliance with applicable statutes and rules. The proposed rules amend subsection (b) by updating terminology for consistency; amend subsection (d) to expand its applicability to barbering services; amend subsection (e) to expand its applicability to barbering services; amend subsection (e)(1) to remove the terms "wigs" and "artificial hairpieces" because the wig specialty certificate was repealed by HB 1560; amend subsection (e)(2) to remove the requirement for a safety razor because class A barber license holders are allowed to shave without a safety razor; amend subsection (e)(3) by removing a comma to correct punctuation; amend subsection (e)(5) by adding a comma to correct punctuation and adding the preposition "a" to correct grammar; amend subsection (g) by updating terminology for consistency; rephrase subsection (h) for clarity; update terminology in subsection (h)(1) for consistency; remove unnecessary language from subsection (h)(1)(B); correct capitalization in subsection (h)(2)(A); amend subsection (h)(3) by correcting capitalization for clarity and updating terminology for consistency; amend subsection (i) by rephrasing its language for clarity; amend subsection (j) by updating terminology for consistency and correcting grammar for clarity; amend subsection (k) by rephrasing its language for clarity and updating its terminology for consistency; amend subsection (l) by updating its terminology for consistency and correcting its grammar for clarity; amend subsection (m) by updating its language for clarity and correcting its grammar for clarity; and amend subsection (n) by rephrasing its language for clarity.

The proposed rules amend §83.78, Responsibilities of Mobile Shop, by amending its title to read "Responsibilities of Mobile Establishment" to indicate the section's expanded applicability to all mobile establishments. The proposed rules amend subsection (a) by updating terminology to expand its applicability to all mobile establishments and rephrasing its language for clarity; amend subsection (b) by updating terminology to expand its applicability to all mobile establishments, rephrasing its language for clarity, and removing the requirement to notify the Department of a change in physical address; amend subsection (c) by updating terminology to expand its applicability to all mobile establishments and rephrasing its language for clarity; amend subsection (d) by updating terminology to expand its applicability to all mobile establishments, correcting capitalization for clarity, and rewording for clarity; amend subsection (e) by rewording for clarity and updating terminology for consistency; amend subsection (f) by updating terminology to expand its applicability to all mobile establishments and rewording for clarity; amend subsection (g) by updating terminology to expand its applicability to all mobile establishments and rewording for clarity; amend subsection (h) by updating terminology to include all mobile establishments and rewording for clarity; amend subsection (i) by updating terminology for consistency and rewording for clarity; amend subsection (j) by updating terminology to include all mobile establishments, rephrasing for clarity, and removing unnecessary language; amend subsection (k) by updating terminology to include all mobile establishments; amend subsection (l) by updating terminology to include all mobile establishments and all barbering or cosmetology services.

The proposed rules amend §83.80, Fees, by amending the section title to read "Fees (before September 1, 2023)" to indicate the section's provision of fees for the period before September 1, 2023. The proposed rules amend the list of application fees in subsection (a) by amending subsections (a)(2) and (a)(3) to remove the hair weaving specialty certificate from subsection (a)(3) and add hair weaving as a specialty license in subsection (a)(2); removing from subsection (a)(5) the instructor license, which was repealed by HB 1560; removing from subsection (a)(6) the instructor specialty licenses, which were repealed by HB 1560; removing from subsection (a)(9) the booth rental license, which was repealed by HB 1560; removing from subsection (a)(11) the dual shop license, which was repealed by HB 1560; removing from subsection (a)(12) the mini-dual shop permit, which was repealed by HB 1560; and renumbering the remaining list as new subsections (a)(1) through (a)(7). The proposed rules amend the list of renewal fees in subsection (b) by amending subsections (b)(2) and (b)(3) to remove the hair weaving specialty certificate from subsection (b)(3) and add hair weaving as a specialty license in subsection (b)(2); removing from subsection (b)(4) the instructor license, which was repealed by HB 1560; removing from subsection (b)(5) the instructor specialty licenses, which were repealed by HB 1560; removing from subsection (b)(8) the mini-dual shop license, which was repealed by HB 1560; removing from subsection (b)(9) the booth rental license, which was repealed by HB 1560; removing from subsection (b)(11) the dual shop license, which was repealed by HB 1560; and renumbering the remaining list as new subsections (b)(1) through (b)(6). The proposed rules amend subsection (e) by rephrasing for clarity and updating terminology for consistency; amend subsection (g) by removing the requirement for the fee to be paid for each occurrence, because inspections will be conducted on a risk basis rather than a periodic basis; amend subsection (h) by removing unnecessary language; amend subsection (j) by removing unnecessary language; amend subsection (l) by updating terminology for consistency; and add new subsection (m) to explain which rules provide the fees that are required before, on, and after September 1, 2023.

The proposed rules amend §83.90, Administrative Sanctions and Penalties, by updating references to statutes, rewording for clarity, and removing unnecessary language.

The proposed rules amend §83.100, Health and Safety Definitions, by removing an unnecessary use of "shall".

The proposed rules amend §83.101, Health and Safety Standards--Department-Approved Disinfectants. The proposed rules amend subsection (a) to replace all instances of "shall" with "must" for clarity; add clarifying language to subsection (a)(4); and correct a hyphenation in subsection (a)(5). The proposed rules amend subsection (b) to replace all instances of "shall" with "must" for clarity; update terminology in subsection (b)(1) to include all establishments; add a comma in subsection (b)(4) to improve grammar; and amend subsection (b)(5) by adding a comma to improve grammar and updating terminology to include all establishments.

The proposed rules amend §83.102, Health and Safety Standards--General Requirements. The proposed rules amend subsection (a) by updating terminology to clarify which requirements apply only to practitioners, rewording for clarity; and updating terminology to include barbering and cosmetology; amend subsection (b) by updating terminology to clarify which requirements apply only to practitioners; amend subsection (c) by rewording for clarity; amend subsection (d) by rewording for clarity; amend subsection (e) by rewording for clarity; amend subsection (f) by rewording for clarity and updating terminology to include barbering and cosmetology; amend subsection (g) by removing a comma to improve grammar and rewording for clarity; add new subsection (h) to provide requirements for proper disinfection of tools and implements; relabel current subsections (h) through (n) to become new subsections (i) through (o); amend new subsection (i) by updating terminology to include all establishments and schools, rewording for clarity, and updating the standard for how often hair cuttings must be removed; amend new subsection (l) by rewording for clarity; amend new subsection (m) by rewording for clarity; amend new subsection (n) by updating terminology to include all establishments and schools and rewording for clarity; amend new subsection (o) by rewording for clarity.

The proposed rules amend §83.103, Health and Safety Standards--Hair Cutting, Styling, Shaving, and Treatment Services. The proposed rules amend subsection (a) by updating terminology to include all practitioners and rewording for clarity; amend subsection (b) by rewording for clarity; amend subsection (c) by updating terminology to include only implements that are not single-use, rewording for clarity, and adding razors and clippers to the list of materials that must be cleaned and disinfected; and amend subsection (d) by correcting grammar and rewording for clarity.

The proposed rules amend §83.104, Health and Safety Standards--Esthetician Services. The proposed rules amend subsection (a) by updating terminology to include all practitioners providing esthetician services and rewording for clarity; amend subsection (b) by rewording for clarity and replacing "to" with "with" to improve grammar; amend subsection (c) by rewording for clarity, updating terminology to include a chair "or bed", and adding the requirement for "non-porous" material to provide a clear standard for ensuring proper disinfection; amend subsection (d) by rewording for clarity; amend subsection (e) by rewording for clarity; amend subsection (f) by rewording for clarity; and amend subsection (g) by rewording for clarity.

The proposed rules amend §83.105, Health and Safety Standards--Temporary Hair Removal Services. The proposed rules amend subsection (a) by updating terminology to include all practitioners providing temporary hair removal services and rewording for clarity; amend subsection (b) by updating terminology to include all practitioners providing temporary hair removal services and rewording for clarity; amend subsection (c) by updating terminology to include all practitioners providing hair removal services and to include services involving the use of wax and rewording for clarity; amend subsection (d) by rewording for clarity; and amend subsection (e) by rewording for clarity.

The proposed rules amend §83.106, Health and Safety Standards--Manicure and Pedicure Services. The proposed rules amend subsection (a) by updating terminology to include all practitioners providing manicure and pedicure services and rewording for clarity; amend subsection (b) by updating terminology to include all practitioners providing manicure and pedicure services and rewording for clarity; amend subsection (c) by rewording for clarity; amend subsection (d) by rewording for clarity; amend subsection (e) by rewording for clarity; amend subsection (f) by rewording for clarity, removing unnecessary language, and amending terminology to include a "high level disinfection chlorine bleach solution", a term defined by §83.100(1)(B); and amend subsection (g) by rewording for clarity.

The proposed rules amend §83.107, Health and Safety Standards--Electric Drill Bits. The proposed rules amend subsection (a) by updating terminology to include all establishments and schools and amend subsections (b), (c), and (d) by rewording for clarity.

The proposed rules amend §83.108, Health and Safety Standards--Foot Spas, Foot Basins, and Spa Liners. The proposed rules amend subsection (a) by updating terminology to include all establishments and schools; amend subsections (b) and (c) by rewording for clarity; amend subsection (c)(2) by updating terminology to include a "high level disinfection chlorine bleach", a term defined in §83.100(1)(B), and removing unnecessary language that repeats the definition; amend subsection (d) by rewording for clarity; amend subsections (d)(1) and (d)(2) by updating terminology to include a "high level disinfection chlorine bleach", a term defined in §83.100(1)(B), and removing unnecessary language that repeats the definition; amend subsections (e), (f), (g), and (j) by rewording for clarity; amend subsection (j)(1) to include all establishments and schools; and amend subsections (k), (l), and (n) by rewording for clarity.

The proposed rules repeal §83.109, "Health and Safety Standards--Wig and Hairpiece Services" because the regulation of wig and hairpiece services was repealed by HB 1560.

The proposed rules amend §83.110, Health and Safety Standards--Hair Weaving Services. The proposed rules amend subsection (a) by updating terminology to include all practitioners providing hair weaving services; amend subsections (a), (b), (c), and (d) by rewording for clarity; and amend subsection (d) by updating terminology to include combs and hair clips.

The proposed rules amend §83.111, Health and Safety Standards--Blood and Body Fluids. The proposed rules amend subsection (a) by rewording for clarity; amend subsections (b) and (c) by updating terminology to include "blood and body fluid cleanup and disinfection chlorine", a term defined by §83.100(1)(C), and remove unnecessary language repeating that definition, and rewording for clarity; and amending subsection (d) by rewording for clarity.

The proposed rules amend §83.112, Health and Safety Standards--Prohibited Products or Practices. The proposed rules amend subsection (a) by updating terminology to include all practitioners and all barbering and cosmetology services and amend subsection (a)(1) by rephrasing for clarity.

The proposed rules amend §83.113, Health and Safety Standards--FDA. The proposed rules amend subsection (a) by updating terminology to include all practitioners and rewording for clarity; amend subsection (b) by replacing "shall" with "will" to improve clarity; and amend subsection (c) by updating terminology to include all practitioners and rewording for clarity.

The proposed rules amend §83.114, Health and Safety Standards--Establishments. The proposed rules amend the section title to read "Health and Safety Standards--Establishments and Schools" to clarify the section's applicability to schools; amend subsection (a) by updating terminology to include schools and rewording for clarity; amend subsection (c) by rewording for clarity; amend subsection (d) by updating terminology to include schools; amend subsection (e) by updating terminology to include schools and rewording for clarity; amend subsection (f) by rewording for clarity; amend subsection (g) by rewording for clarity; amend subsection (h) by rewording for clarity and updating terminology to include schools; and amend subsection (i) by updating terminology to include schools.

The proposed rules amend §83.115, Health and Safety Standards--Eyelash Extension Application Services. The proposed rules amend subsection (a) by updating terminology to include practitioners offering eyelash extension application services and rewording for clarity; amend subsections (b) through (f) by rewording for clarity; amend subsection (g) by updating terminology to include practitioners and rewording for clarity; and amend subsection (h) by rewording for clarity.

The proposed rules amend §83.120, Technical Requirements--Curriculum Standards. The proposed rules amend the section title to read "Technical Requirements--Curriculum Standards (before August 1, 2023)" to indicate the section's applicability; remove current subsection (c) because it contains curriculum requirements for instructor licenses, which were repealed by HB 1560; amend subsection (d) by removing current subsections (d)(2)(H) and (d)(2)(I), which address instructor courses repealed by HB 1560, and relabeling current subsection (d) to become new subsection (c); amend subsection (e) by removing subsections (e)(2)(F) and (e)(2)(G), which address instructor courses repealed by HB 1560, relabeling subsection (e) to become new subsection (d), and rewording for clarity; and add new subsection (e) to specify which rule sections provide the curriculum standards in effect before, on, and after August 1, 2023.

The proposed rules add new §83.200, "License Requirements--Individuals (on or after September 1, 2023)", to provide the license requirements in effect for individual practitioner licenses on or after September 1, 2023. The proposed rules add new subsection (a) to provide the practitioner license eligibility requirements, including new subsection (a)(1) to provide application requirement; new subsection (a)(2) to provide fee payment requirements; new subsection (a)(3) to provide a minimum age requirement of 17 years; new subsection (a)(4) to provide requirements for completion of hours of instruction; new subsection (a)(5) to provide examination requirements; new subsection (a)(6) to provide requirements related to prohibited actions; and new subsection (a)(7) to require compliance with other applicable statutes and rules. The proposed rules add new subsection (b) to provide the eligibility requirements for a person who holds both an esthetician license and a manicurist license to obtain an esthetician/manicurist specialty license; add new subsection (c) to provide the eligibility requirements for a person who holds both a hair weaving specialist license and an esthetician license to obtain a hair weaving specialist/esthetician license; add new subsection (d) to provide the eligibility requirements for a student permit, including new subsection (d)(1) to provide application requirements and new subsection (d)(2) to provide fee requirements; and add new subsection (e) to explain that §83.200 provides the requirements for practitioner license applications received on or after September 1, 2023.

The proposed rules add new §83.201, "Fees (on or after September 1, 2023)", to provide the list of fees in effect on or after September 1, 2023. The proposed rules add new subsection (a) to provide the application fees for the new license types, including new subsection (a)(1) for class A barber licenses and operator licenses; new subsection (a)(2) for specialty practitioner licenses; new subsection (a)(3) for full-service establishment licenses; new subsection (a)(4) for specialty establishment licenses; new subsection (a)(5) for mini-establishment licenses; new subsection (a)(6) for mobile establishment licenses; new subsection (a)(7) for school licenses; and new subsection (a)(8) for student permits. The proposed rules add new subsection (b) to provide the renewal fees for each new license type, including new subsection (b)(1) for the class A barber license and operator License; new subsection (b)(2) for specialty practitioner licenses; new subsection (b)(3) for full-service establishment licenses; new subsection (b)(4) for specialty establishment licenses; new subsection (b)(5) for mini-establishment licenses; new subsection (b)(6) for mobile establishment licenses; and new subsection (b)(7) for school licenses. The proposed rules add new subsection (c) to provide the fee for a license granted through substantial equivalence; new subsection (d) to provide the fees relating to inactive license status, including new subsection (d)(1) for renewal of a license on inactive status and new subsection (d)(2) for a change from inactive status to active status; add new subsection (e) to provide the fee for a revised or duplicate license; add new subsection (f) to provide the fee for the law and rule book; add new subsection (g) to provide the fee for school inspections; add new subsection (h) to provide the fee for verification of a license to other states; add new subsection (i) to provide the student transcript fee; add new subsection (j) to address late renewal fees; add new subsection (k) to explain that fees are nonrefundable; add new subsection (l) to explain that the law and rule book fee is included in the application and renewal fees; and add new subsection (m) to explain that §83.201 provides the fees that are in effect on or after September 1, 2023.

The proposed rules add new §83.202, "Technical Requirements--Curriculum Standards (on or after August 1, 2023)" to provide the curriculum standards for practitioner licenses in effect on or after August 1, 2023. The proposed rules add new subsection (a) to provide the standards for the cosmetology operator and class A barber curricula, including new subsection (a)(1) to provide the required subjects and hours of theory; new subsection (a)(2) to provide the required subjects and hours of practice; new subsection (a)(3) to provide the required subjects and hours of specialty practice for the operator curriculum; and new subsection (a)(4) to provide the required subjects and hours of specialty practice for the class A barber curriculum. The proposed rules add new subsection (b) to provide the standards for the class A barber to cosmetology operator curriculum, including new subsection (b)(1) to provide the required subjects and hours of theory, and new subsection (b)(2) to provide the required subjects and hours of specialty practice. The proposed rules add new subsection (c) to provide the standards for the cosmetology operator to class A barber curriculum, including new subsection (c)(1) to provide the required subjects and hours of theory, and new subsection (c)(2) to provide the required subjects and hours of specialty practice. The proposed rules add new subsection (d) to provide the standards for specialist curricula, including new subsection (d)(1) to provide the standards for the esthetician curriculum, consisting of new subsection (d)(1)(A) for the required subjects and hours of theory, new subsection (d)(1)(B) for the required subjects and hours of practice, and new subsection (d)(1)(C) for the required subjects and hours of specialty practice; new subsection (d)(2) to provide the standards for the manicurist curriculum, consisting of new subsection (d)(2)(A) for the required subjects and hours of theory, new subsection (d)(2)(B) for the required subjects and hours of practice, new subsection (d)(2)(C) for the required subjects and hours of specialty practice; new subsection (d)(3) to provide the standards for the manicurist/esthetician curriculum, consisting of new subsection (d)(3)(A) for the required subjects and hours of theory, new subsection (d)(3)(B) for the required subjects and hours of specialty manicure practice, and new subsection (d)(3)(C) for the required subjects and hours of specialty esthetician practice; new subsection (d)(4) to provide the standards for the eyelash extension specialist curriculum, including new subsection (d)(4)(A) to provide the required subjects and hours of theory, and new subsection (d)(4)(B) to provide the required subjects and hours of specialty practice; new subsection (d)(5) to provide the standards for the hair weaving specialist curriculum, including new subsection (d)(5)(A) for theory hours and new subsection (d)(5)(B) for specialty practice hours; and new subsection (d)(6) to provide the standards for the hair weaving specialist/esthetician curriculum, including new subsection (d)(6)(A) for theory hours, new subsection (d)(6)(B) for specialty hair weaving practice hours, and new subsection (d)(6)(C) for specialty esthetician practice hours. The proposed rules add new subsection (e) to provide the standards for distance education, including new subsection (e)(1) to provide a limit on the designation of theory hours and new subsection (e)(2) to provide limits on distance education hours for each course, including new subsection (e)(2)(A) for the cosmetology operator course, new subsection (e)(2)(B) for the class A barber course, new subsection (e)(2)(C) for the class A barber to cosmetology operator course, new subsection (e)(2)(D) for the cosmetology operator to class A barber course, new subsection (e)(2)(E) for the manicurist course, new subsection (e)(2)(F) for the esthetician course, new subsection (e)(2)(G) for the esthetician/manicurist course, new subsection (e)(2)(H) for the eyelash extension specialist course, new subsection (e)(2)(I) for the hair weaving specialist course, and new subsection (e)(2)(J) for the hair weaving specialist/esthetician course. The proposed rules add new subsection (f) to provide the curriculum standards relating to field trips, including new subsection (f)(1) to require compliance with the maximum field trip hours specified for each course; new subsection (f)(2) to provide the maximum field trip hours for each course, including new subsection (f)(2)(A) for the cosmetology operator course, new subsection (f)(2)(B) for the class A barber course, new subsection (f)(2)(C) for the manicurist course, new subsection (f)(2)(D) for the esthetician course, new subsection (f)(2)(E) for the esthetician/manicurist course, new subsection (f)(2)(F) for the eyelash extension specialist course, new subsection (f)(2)(G) for the hair weaving specialist course, and new subsection (f)(2)(H) for the hair weaving specialist/esthetician course; new subsection (f)(3) to provide the supervision and instructor-student ratio requirements for field trips; new subsection (f)(4) to provide documentation requirements for field trips; new subsection (f)(5) to prohibit course hours from being granted for travel; and new subsection (f)(6) to explain that field trips are not required to be pre-approved by the Department. The proposed rules add new subsection (g) to allow students previously enrolled in a 1,200-hour manicurist/esthetician program to transfer certain hours to an 800-hour manicurist/esthetician program, and new subsection (h) to explain that §83.202 provides the curriculum standards that are in effect on or after August 1, 2023.

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 rules are in effect, there are no estimated additional costs or reductions in costs to state government as a result of enforcing or administering the proposed rules. The overall workload for the Department will not change significantly, and the license holder population, and tasks associated with that population, will remain approximately the same.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there will be a loss in revenue to state government, consisting of a total loss of $5,290 in the first year and a total loss of $20,275 per year in the second, third, fourth, and fifth years. These losses will result from two sets of changes in the proposed rules: 1) the removal of instructor licenses and their associated fees; and 2) the transition to the new consolidated license types and their associated fees on September 1, 2023. The removal of instructor licenses and their associated fees will result in a loss of $5,290 in the first year and a loss of $7,465 per year in the second, third, fourth, and fifth years. The transition to the new consolidated license types will result in no effect in the first year and a loss of $12,810 per year in the second, third, fourth, and fifth years.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase in revenue to state 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 will be additional estimated costs to local governments in an aggregate amount of $17,080 per year in the second, third, fourth, and fifth years. Local governments who provide funding for holders of public secondary school licenses and public postsecondary school licenses will experience a fee increase of $80 for each new license and license renewal when the consolidated license types take effect on September 1, 202; however, those schools currently holding two separate school licenses for barbering and cosmetology will benefit from instead having to obtain only one school license to teach both barbering and cosmetology.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there are no estimated reductions in costs to local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

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

PUBLIC BENEFITS

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, the public will benefit in multiple ways. Barbering and cosmetology establishments will need to hold only one establishment license to offer all barbering and cosmetology services, which will result in establishments paying less in fees to offer more services and could result in establishments hiring more employees and increasing revenues. Barbering and cosmetology schools will need to hold only one school license to teach courses for all license types, which will result in schools paying less in fees to offer more courses and could result in schools enrolling more students and increasing revenues. Class A Barber students and Cosmetology Operator students will be able to attend the same courses together for 700 hours of the 1,000-hour curricula, which will save schools money by removing the necessity to duplicate the same courses of instruction for different students. The removal of instructor licenses will allow schools to determine the qualifications for the individuals they hire to teach courses and will increase the population of potential employees to hire as teachers, with fewer limitations on hiring. The public will also benefit from increased safety resulting from barbering practitioners being required to complete continuing education hours upon license renewal, which will allow them to be informed of changes and improvements in occupations and health standards, updates to laws and rules, and instruction on human-trafficking awareness.

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 will be additional costs to persons who are required to comply with the proposed rules. Under the new consolidated license structure, applicants for barber specialty licenses and renewals will pay $20 more per two-year license term when the licenses convert to specialty practitioner licenses; applicants for barber shop licenses and renewals will pay $18 more per two-year license term when the licenses convert to establishment licenses; applicants for barber specialty shop licenses and renewals will pay $28 more per two-year license term when the licenses convert to specialty establishment licenses; applicants for renewal of cosmetology salon licenses will pay $9 more per two-year license term when the licenses convert to establishment licenses; applicants for renewal of cosmetology specialty salon licenses will pay $9 more per two-year license term when the licenses convert to specialty establishment licenses; applicants for mini-barbershop or mini-salon licenses and renewals will pay $10 more per two-year license term when the licenses convert to mini-establishment licenses; applicants for mobile barbershop and mobile barber specialty shop licenses will pay $18 more per two-year license term when the licenses convert to mobile establishment licenses; applicants for renewal of mobile cosmetology salon and mobile cosmetology specialty salon licenses will pay $9 more per two-year license term when the licenses convert to mobile establishment licenses; and applicants for barber school licenses and beauty culture school licenses and renewals will pay $80 more per two-year license term when the licenses convert to school licenses.

Some license holders could experience increased costs associated with compliance with new requirements and responsibilities for individuals, establishments, and schools relating to buildings, signage, furnishings, equipment, and other items; however, any such costs will vary with each license holder and the method used to obtain compliance. Schools may experience increased costs associated with making changes to their course curricula to meet the updated curriculum standards. Providers of continuing education courses may experience increased costs associated with making changes to their courses to match new continuing education requirements. Holders of barber practitioner licenses may experience increased costs associated with new continuing education requirements.

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

Mr. Couvillon has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Although many small business and micro-business license holders will experience costs associated with increased license fees or compliance with new requirements, those costs are not anticipated to create an adverse economic effect, and many of those costs may be offset by other cost savings or revenue increases for those businesses resulting from 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, are not required.

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

The proposed rules have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government; however, the proposed rules fall under the exception for rules that are necessary to protect the health, safety, and welfare of the residents of this state under §2001.0045(c)(6) and the exception for rules that are necessary to implement legislation under §2001.0045(c)(9). 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 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 require an increase or decrease in fees paid to the agency. To align the fees for barbering and cosmetology under the new consolidated license structure, some fees paid to the Department will increase and some will decrease, but the net effect will be a decrease in fees paid to the Department.

5. The proposed rules create a new regulation. The proposed rules create new regulations as necessary to harmonize the licensing and regulation of barbering and cosmetology under the consolidated program created by HB 1560.

6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules modify regulations as necessary to harmonize the licensing and regulation of barbering and cosmetology under the consolidated program created by HB 1560. The proposed rules repeal regulations relating to instructor licenses, wig-related licenses and services, and dual establishment licenses.

7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability. The proposed rules increase the number of individuals subject to 16 TAC, Chapter 83, by making the rule chapter applicable to barber licensees in accordance with the consolidation of the barbering and cosmetology programs provided by HB 1560. The proposed rules decrease the number of individuals subject to Chapter 83 by repealing wig-related licenses.

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 Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules 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 Shamica Mason, 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.

16 TAC §§83.1, 83.2, 83.10, 83.20 - 83.26, 83.28, 83.29, 83.31, 83.40, 83.50, 83.51, 83.65, 83.70 - 83.74, 83.77, 83.78, 83.80, 83.90, 83.100 - 83.108, 83.110 - 83.115, 83.120, 83.200 - 83.202

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 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 proposed rules are also proposed under former Texas Occupations Code, Chapters 1601 and 1602, which were repealed by HB 1560, Article 3, Section 3.33, but remain in effect by authority of the transition provisions in HB 1560, Article 3, Sections 3.34-3.42. The proposed rules are also proposed under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or the holder of a license, certificate, registration, title, or permit issued by the Department.

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

§83.1.Authority.

These rules are promulgated under the authority of the Texas Occupations Code, Chapters 51[, 1602] and 1603, and House Bill 1560, Article 3, 87th Legislature, Regular Session (2021).

§83.2.Transition Provisions.

(a) Hair weaving specialty certificate. A person who holds a current and unexpired hair weaving specialty certificate issued under Texas Occupations Code, Chapter 1602, and this chapter, as those chapters existed on August 31, 2021, may perform the services described by Texas Occupations Code §1603.0011(a)(9) until the expiration of the existing certificate or until a replacement license is issued under this chapter by the department.

(b) Barbering specialty licenses. Notwithstanding §83.20 of this chapter, a person who holds a current and unexpired license to practice the following barbering specialties may perform the following services until the expiration of the existing license or until a replacement license is issued under this chapter by the department. The department will assess the applicable renewal fee based upon the replacement license type for which each barbering specialty is eligible under this chapter.

(1) Barber technician license. A person holding a barber technician license issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may perform any services described by Texas Occupations Code §1603.0011(a)(3)-(6) or (c), and is eligible for an esthetician license issued under this chapter.

(2) Manicurist license. A person holding a manicurist license issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may perform any services described by Texas Occupations Code §1603.0011(a)(7)-(8), and is eligible for a manicurist license issued under this chapter.

(3) Barber technician/manicurist specialty license. A person holding a barber technician/manicurist specialty license issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may perform any services described by Texas Occupations Code §1603.0011(a)(3)-(8) or (c), and is eligible for a manicurist/esthetician license issued under this chapter.

(4) Barber technician/hair weaving specialty license. A person holding a barber technician/hair weaving specialty license issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may perform any services described by Texas Occupations Code §1603.0011(a)(3)-(6), (a)(9), or (c), and is eligible for a hair weaving specialist/esthetician license issued under this chapter.

(5) Hair weaving specialty certificate of registration. A person holding a hair weaving specialty certificate of registration issued Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may perform any services described by Texas Occupations Code §1603.0011(a)(9), and is eligible for a hair weaving license issued under this chapter.

(c) Instruction by licensed individual. A person who holds a current and unexpired license, certificate, or registration issued under Texas Occupations Code, Chapters 1601 and 1602, and 16 Texas Administrative Code, Chapters 82 and 83, as those chapters existed on August 31, 2021, may provide instruction and be employed as an instructor for the acts of barbering or cosmetology for which the person holds the appropriate license, certificate, or registration.

(d) Barber schools exempt. Notwithstanding §83.72 of this chapter, a person or entity who holds a current and unexpired barber school permit issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, is exempt from the requirement in §83.72(u) for the school to have a classroom separated from the laboratory area by walls extending to the ceiling. This exemption remains in effect until the school's license or permit expires beyond the 18 months allowed for late renewal, or until the school premises is expanded or relocated. The school is eligible for a private or public school license issued under this chapter.

(e) Department approval of school instruction. On or after September 1, 2023, a person or entity who holds a current and unexpired school license or permit issued under Texas Occupations Code, Chapter 1601 or 1602, and 16 Texas Administrative Code, Chapter 82 or 83, as those chapters existed on August 31, 2021, may apply for approval by the department to provide instruction in any barbering or cosmetology service described by Texas Occupations Code §1603.0011. The department must assess the applicable renewal fee for a school license issued under this chapter.

(1) Before September 1, 2023:

(A) Barber schools may apply for approval by the department to provide instruction in barbering services; and

(B) Beauty culture schools may apply for approval by the department to provide instruction in cosmetology services.

(2) On or after September 1, 2023, all schools may apply for approval by the department to provide instruction in any barbering or cosmetology service.

(f) Establishment licenses and permits. Notwithstanding §83.22 of this chapter, a person or entity holding any of the following establishment licenses may provide the following services until the expiration of their existing license or until they are issued a replacement license under this chapter by the department. The department will assess the applicable renewal fee based upon the license type for which the licensee is eligible under this chapter.

(1) Barbershop permit. A person or entity holding a barbershop permit issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)-(c), and is eligible for a full-service establishment license issued under this chapter.

(2) Beauty shop license. A person or entity holding a beauty shop license issued under Texas Occupations Code, Chapter 1602, and 16 Texas Administrative Code, Chapter 83, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)-(c), and is eligible for a full-service establishment license issued under this chapter.

(3) Dual shop license. A person or entity holding a dual shop license issued under Texas Occupations Code, Chapter 1603, and 16 Texas Administrative Code, Chapter 82 or 83, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)-(c), and is eligible for a full-service establishment license issued under this chapter.

(4) Manicurist specialty shop permit. A person or entity holding a barber manicurist specialty shop permit issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)(7) or (8), and is eligible for a manicurist specialty establishment license issued under this chapter.

(5) Hair weaving specialty shop permit. A person or entity holding a barber hair weaving specialty shop permit issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative Code, Chapter 82, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)(9), and is eligible for a hair weaving specialty establishment license issued under this chapter.

(6) Mini or mobile license. A person or entity holding a mini or mobile license, issued under Texas Occupations Code, Chapter 1603, and 16 Texas Administrative Code, Chapter 82 or 83, as those chapters existed on August 31, 2021, may provide any services described by Texas Occupations Code §1603.0011(a)-(c). The license holder is eligible for a mini or mobile establishment license, as appropriate, issued under this chapter.

(g) In this chapter, a reference to a license issued under the Act also refers to the corresponding license type issued under Texas Occupations Code, Chapter 1601 or 1602, and 16 Texas Administrative Code, Chapter 82 or 83, as those chapters existed on August 31, 2021, as identified in this section.

§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 Chapter [, Chapters 1602 and] 1603.

(2) Barbering--The services described by §1603.0011(a) and (b) of the Act.

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

(3) Board--The Barbering and Cosmetology Advisory Board [Advisory Board on Cosmetology].

(4) Class A Barber--A person who holds a class A barber license and who is authorized to perform any barbering service under Texas Occupations Code §1603.0011(a) and (b).

[(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.]

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

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

(7) Cosmetology--The services described by §1603.0011(a) and (c) of the Act.

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

[(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 an establishment [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) Establishment--A place licensed under Subchapter E-2 of the Act where barbering or cosmetology is practiced. This term includes mini-establishments and mobile establishments, but does not include public or private schools.

[(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).]

(13) [(15)] Esthetician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), and (c) [§1602.002(a)(4) - (7) and (10)]. The term esthetician in this chapter includes the term facialist.

(14) [(16)] Esthetician/Manicurist--A person who holds a specialty license and who is authorized to practice the [An esthetician/manicurist may perform only those] services defined in Texas Occupations Code §1603.0011(a)(3)-(8), and (c) [§1602.002(a)(4) - (10)]. An esthetician/manicurist may also be known as a "manicurist/esthetician."

(15) Executive Director--The executive director of the Texas Department of Licensing and Regulation.

(16) 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.

(17) Eyelash Extension Specialist--A person who holds a specialty license and who is authorized to practice the service defined in Texas Occupations Code §1603.0011(c).

(18) Full-service Establishment--An establishment authorized to perform all services defined as barbering or all services defined as cosmetology under the Act.

(19) [(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 an [a licensed] instructor must be present during the classroom session in order for students to earn hours.

(20) [(18)] Hair weaving specialist [weaver]--A person who holds a hair weaving specialty license [certificate] and who is authorized to practice the services [may perform only the practice of cosmetology] defined in Texas Occupations Code §1603.0011(a)(9) [§1602.002(a)(11)].

(21) Hair weaving specialist/esthetician--A person who holds a hair weaving specialist/esthetician specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), (9), and (c). A hair weaving specialist/esthetician may also be known as an "esthetician/hair weaving specialist."

(22) [(19)] Instructor--An individual who holds a license issued by the department under Subchapter E-1 of the Act to perform the acts of barbering or cosmetology for which the person will provide instruction at a school licensed under this chapter [authorized by the department to perform or offer instruction in any act or practice of cosmetology under Texas Occupations Code, §1602.002].

(23) [(20)] Law and Rules Book--A publication prepared and issued in a format prescribed by the department containing Texas Occupations Code Chapter [, Chapters 1602 and] 1603, and 16 Texas Administrative Code Chapter 83.

(24) [(21)] License--A [department-issued ] permit, certificate, approval, registration, or other similar permission issued by the department [required] under Texas Occupations Code, Chapter 1601, 1602, or 1603. The term does not include a student permit.

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

(26) [(23)] Manicurist--A person who holds a manicurist specialty license and who is authorized to practice the [may perform only those] services defined in Texas Occupations Code §1603.0011(a)(7)-(8) [§1602.002(a)(8) and (9)].

(27) [(24)] Mini-Establishment [Mini-Salon]--A barbering or cosmetology establishment in which a person practices barbering or 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.]

(28) [(26)] Mini-Establishment [Mini-Salon] Licensee--A person or entity that holds a license for a mini-establishment [mini-salon or mini-dual shop]. The mini-establishment [mini-salon] licensee must [shall] be responsible for all requirements under the Act and this chapter [rules under Texas Occupations Code, Chapters 1601, 1602, and 1603, and 16 TAC Chapters 82 and 83] for the mini-establishment [mini-salon or mini-dual shop].

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

(30) [(28)] Operator--A person who holds a cosmetology operator license and who is authorized to [An individual authorized by the department to] perform any [act or practice of] cosmetology service under Texas Occupations Code §1603.0011(a) and (c)[, §1602.002].

(31) Practitioner--A person holding any individual practitioner license issued under Subchapter E-1 of the Act to perform barbering or cosmetology services.

(32) [(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.

(33) Private School--A private postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

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

(35) Public School--A public secondary or postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

(36) [(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 Subchapter E-1 of the Act [Texas Occupations Code, Chapters 1601, 1602, or 1603].

(37) 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.

(38) School--A public school or private school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

(39) [(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.]

(40) [(34)] Special Event--An event of cultural, social, or religious significance justifying off-site provision of barbering or cosmetology services, including [Includes ] weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances.

(41) Specialty Establishment--An establishment in which only services defined in Texas Occupations Code §1603.0011(a)(3)-(9) and (c) are performed. Specialty establishments may only perform the services for which the establishment is licensed.

(42) [(35)] Specialty Instructor--An individual acting as an instructor who holds a practitioner license that is not class A barber or cosmetology operator [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.]

(43) [(37)] Student Permit--A permit issued by the department under this chapter to a student enrolled in a [cosmetology] school which states the student's name and the name of the school.

(44) [(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.

(45) [(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.

(46) [(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 (before September 1, 2023).

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

(1) submit a completed application in the manner prescribed by the department [on a department-approved form];

(2) pay the applicable 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]

(B) [(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, for applications received by the department on or after August 1, 2023, 800 hours of esthetician/manicure 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 in the manner prescribed by the department [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.]

(f) [(g)] To be eligible for a student permit, an applicant must:

(1) submit a completed application in the manner prescribed by the department [on a department-approved form]; and

(2) pay the fee required under §83.80.

(g) This section and §82.20 provide the minimum requirements for practitioner license applications received by the department before September 1, 2023. For practitioner license applications received on or after September 1, 2023, §83.200 provides the minimum requirements.

[(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 in the manner prescribed by the department [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 must [shall] bring the instruments necessary to give a practical demonstration of the barbering or cosmetology services [or a practical demonstration of the services] distinctive to the license for which the examinee is applying [his or her specialty].

(e) All barbering and cosmetology [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 must be at least 16 years of age. The department may require proof of parental approval for models under 18 years of age.

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

(a) To be eligible for an establishment [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 and verified application in the manner prescribed by the department [on a department-approved form]; [and]

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

(5) own or rent the establishment; and

(6) have not committed an act that constitutes a ground for denial of a license.

(b) In addition to the requirements of subsection (a), the establishment must:

(1) meet this chapter's minimum health and safety standards for an establishment; and

(2) comply with all requirements of this chapter.

[(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) and (b), a mobile establishment [shop] license applicant must:

(1) provide a permanent physical address from which the mobile establishment unit is dispatched and to which the mobile establishment 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 establishment [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 in the manner prescribed by the department [on a department-approved form];

(4) pay any applicable fees required under §83.40 and §83.80;

[(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) meet the health and safety standards of this chapter; 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.]

(6) for a private school, provide a current financial statement prepared by a certified public accountant in the format prescribed by the department. 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. The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least 12 months, without relying on student tuition.

(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 water [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 [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 school [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:

(1) submit a completed application in the manner prescribed by the department not later than the expiration date of the license; and

(2) pay fee required under §83.80 [on a department-approved form].

(b) A person whose license is on inactive status may not practice any act of barbering or cosmetology authorized by that license.

(c) A license on inactive status must be renewed in accordance with §83.26; however, continuing education is not required for renewal of a license on inactive status.

(d) To change from an inactive license to an active license, an applicant must:

(1) submit a completed application in the manner prescribed by the department [on a department-approved form];

(2) pay the fee required under §83.80; and

(3) complete the continuing education that is required for the renewal of an active license during the preceding license period. Continuing education hours used to satisfy the requirement for changing from an inactive license status to an active license status may not also be used [utilized] for a future renewal of an active license.

§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 a practitioner [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 at least [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 [Sanitation] required under the Act and this chapter; [and]

(2) for renewals on or after September 1, 2025, 1 hour on human trafficking prevention, which at a minimum must include information on:

(A) activities commonly associated with human trafficking;

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

(C) methods for assisting victims of human trafficking, including how to report human trafficking; and

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

(3) the remaining hours in any topics listed in subsection (h).

(c) Continuing education hours required under §83.25(b)(3) and taught before September 1, 2025, [§83.25(b)(2)] must include information on human trafficking prevention. At [as required by Texas Occupations Code Chapter 1602, §1602.354(c) and at] a minimum, these courses 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.]

(d) [(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.

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

(f) A licensee will receive continuing education hours for only those courses that are registered with the department, under Chapter 59 and procedures prescribed by the department.

[(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.]

(g) [(h)] A licensee must [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.

(h) [(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 [Sanitation] required under the Act and this chapter;

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

(3) the topics listed in the curriculum standards [listed] in §83.120 or §83.202;

(4) mental health awareness, which may include topics on mental health, mental illness, suicide prevention, and opportunities to provide clients referrals or other assistance;

(5) human trafficking prevention which at a minimum must include information on:

(A) activities commonly associated with human trafficking;

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

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

(i) [(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.

(j) [(k)] A provider must [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].

(k) Notwithstanding subsection (b), a licensee who has held a practitioner license for at least 15 years may satisfy the continuing education requirement for renewal by completing department-approved courses as follows:

(1) for renewals before September 1, 2025, one hour of sanitation; or

(2) for renewals on or after September 1, 2025:

(A) one hour of sanitation; and

(B) one hour of human trafficking prevention.

(l) Barber licensees exempt from continuing education requirements until September 1, 2025. Beginning on September 1, 2025, the requirements of this section will apply to a licensee who, on August 31, 2023, held a license issued under Texas Occupations Code Chapter 1601 and Chapter 82, when that licensee files an application with the department to renew that license.

[(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.]

§83.26.Licensing Requirements--Renewals.

(a) To renew a license, an applicant must:

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

(2) submit a completed application in the manner prescribed by the department [on a department-approved form]; and

(3) pay the applicable fee required under §83.80.

(b) In addition to the requirements of subsection (a), an applicant must complete the continuing education requirements under §83.25 to renew a practitioner license [or certificate listed in §83.80(b)(1) - (5)].

(c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any act of barbering or cosmetology that requires a license under this chapter.

(d) Non-receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter.

§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 in the manner prescribed by the department [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; and[.]

(6) for applications on or after September 1, 2023, be at least 17 years of age.

(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 barbering and 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, in the manner prescribed by the department, for a Texas barbering or 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 department [commission] relating to the practice of the profession.

(g) A person issued a provisional license may perform those acts of barbering or 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. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.

(i) The department will [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 barbering or cosmetology in Texas.

(k) If an applicant for a class A barber or operator license has not completed the hours required under this chapter or Chapter 82, documented work experience may be substituted at the rate of 25 hours per month worked, up to a maximum of 300 hours, or the applicant must complete the balance of hours required in an approved Texas school.

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

(a) Under the Act, a license is not transferable.

(b) If an establishment relocates, the licensee must apply for a new establishment license and verify that the new establishment meets the requirements of the Act and this chapter. [Additionally, a relocated beauty culture school must be inspected prior to operation under the Act.] The requirements of this subsection do not apply to mobile establishments [shops].

(c) If a school relocates, the licensee must submit a change of location application in the manner prescribed by the department and pay the applicable fee required under §83.80 of this chapter. Additionally, a relocated school must be inspected and meet the applicable requirements of the Act and this chapter prior to operation.

(d) [(c)] If an establishment or school 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 the establishment or school.

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

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

(4) Legal incompetence or death of the owner.

§83.31.Licenses--License Terms.

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

(1) practitioner licenses; and

(2) establishment licenses.

(b) School licenses have a term of one (1) year.

(c) A student permit issued under this chapter does not expire.

§83.40.Barbering and Cosmetology [ Private Beauty Culture] School Tuition Protection Account.

(a) Pursuant to Subchapter H-1 [§1602.463 ] of the Act, the Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account is createdto:

(1) refund tuition and fees to a student if a private [beauty culture] school closes and the school fails to pay the refund as required by the Act; and

(2) pay the tuition costs and expenses incurred by a private [beauty culture] school in providing training directly related to educating a student from a closed school.

(b) In each year in which the balance of the Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account is less than $225,000 [$200,000] the department will determine a fee that must [shall] be paid by all private [beauty culture] schools to the account.

(c) The necessity for assessing the fee will be determined by the department when it conducts its annual account balance review prior to December 31st. The fee that is assessed by the department will [shall] be in effect for a period of 12 months.

(d) The fee must [shall] be paid by each private [beauty culture] school, upon annual renewal of the license during the 12-month period and must [shall ] be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the account.

(e) In addition to any other fees, all new schools applying for a private [beauty culture] school license must [shall] pay the prescribed fee to the account as determined under subsection (b) before a license will be issued.

(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 Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account and the total payment of a claim may not exceed $35,000 [$10,000]. The total amount of claims paid against a single closed school may not exceed $100,000.

(g) The executive director may authorize payment to a student from the Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account if:

(1) the student makes a claim for payment on a form approved by the executive director;

(2) a closed private [beauty culture] school has failed to pay a refund to the student within 30 days after the date the student became eligible for the refund, and the student has not been placed or accepted a place in another school with appropriate credit given to the student for tuition and fees paid to the closed school;

(3) the executive director determines after investigation that the student is owed the refund; and

(4) the student assigns to the department all rights of the student against the closed school to the extent of the amount paid to the student from the account.

(h) The executive director may authorize payment to a private [beauty culture] school from the Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account if:

(1) the school makes a claim for payment on a form approved by the executive director;

(2) the school has incurred expenses in providing training directly related to educating a student from a closed private [beauty culture] school, including the applicable tuition for the period for which the student paid tuition;

(3) the executive director determines after investigation that the school is entitled to payment from the account; and

(4) the school assigns to the department all rights of the school against the closed school to the extent of the amount paid from the account.

(i) The department will [shall] pay claims on a pro rata basis from appropriated money available in the account if:

(1) the account contains insufficient assets to pay all claims;

(2) insufficient money has been appropriated to the department from the account to pay all claims; or

(3) the total amount of claims against a single closed school exceeds the amount specified in Subsection (f).

(j) The department will [shall] notify a closed private [beauty culture] school of any claim made against the closed school under this section. Before the executive director may authorize any payment from the account, the school must [shall] have 20 days from the date of notice of the claim to dispute the claim and present evidence to the executive director in opposition to the claim.

(k) If payment is made from the Barbering and Cosmetology [Private Beauty Culture] School Tuition Protection Account on a claim against a closed private [beauty culture] school:

(1) the school must [shall] reimburse the account immediately or agree in writing to reimburse the account, on a schedule to be determined by the executive director;

(2) the school must [shall] immediately pay the student any additional amount due to the student under the Act or agree in writing to pay the student on a schedule to be determined by the executive director;

(3) payments made by a school to the account under this subsection include interest accruing at the rate of eight percent a year beginning on the date the executive director pays the claim;

(4) the department must [shall] be subrogated to all rights of the claimant against the school to the extent of the amount paid to the claimant; and

(5) the department may assess administrative penalties or sanctions against the school and may deny an application for a license, certificate, or permit or an application for renewal of a license, certificate, or permit filed by the holder of the private [beauty culture] school license.

§83.50.Inspections--General.

(a) Schools and establishments must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.

(b) An establishment 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-establishment licensees who work in the establishment.

(c) The department will make information available to establishment and school owners and managers on best practices for risk-reduction techniques.

(d) The establishment or school owner, manager, employee, contractor, or their representative must cooperate with the inspector or investigator in the performance of the inspection or investigation.

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

(a) Any new or relocated [beauty culture] school must be inspected and approved by the department before it may operate. Additionally, a [beauty culture] school that has changed ownership must be inspected and approved by the department but may continue to operate prior to inspection.

(b) The [beauty culture] school owner must [shall] request an initial inspection from the department and pay the fee required by §83.80.

(c) Upon receipt of the owner's request and the fee, the department will [shall] schedule the initial inspection date and notify the owner.

(d) Schools must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.

[(d) Upon completion of the initial inspection, the owner shall be advised in writing of the results. The inspection report will indicate whether the beauty culture school meets or does not meet the minimum requirements of the Act and this chapter.]

[(e) For beauty culture schools that do not meet the minimum requirements, the report will reflect those minimum requirements that remain to be addressed by the owner.]

(e) [(f)] A [beauty culture] school that does not meet the minimum requirements on initial inspection may 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.

[(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.]

§83.65.Barbering and Cosmetology Advisory Board.

(a) The purpose of the Barbering and Cosmetology Advisory Board is to advise the Commission and department on:

(1) education and curricula for applicants;

(2) the content of examinations;

(3) proposed rules and standards on technical issues related to barbering and cosmetology; and

(4) other issues affecting barbering and cosmetology.

(b) The board is composed of nine persons as specified in the Act. Board members will serve staggered six-year terms.

§83.70.Responsibilities of Individual Practitioners [Individuals].

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

(b) A practitioner [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 practitioner [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.]

(d) [(e)] Specialty practitioners [certificate holders] may only perform the practice authorized by the specialty license [certificate].

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

(f) [(g)] A current photograph of the licensee at least [approximately] 1 1/2 inches by 1 1/2 inches must [shall] be attached to the front of the license[, certificate] or permit, or digitally displayed along with an image of the license or permit. The photograph may not obscure any information on the license or permit.

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

(h) [(i)] Practitioners [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.

(i) [(j)] Practitioners must [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].

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

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

(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) An establishment [Beauty salons, specialty salons and dual shops] may lease space to an independent contractor who is a practitioner [holds a booth rental (independent contractor) license]. The lessor to an independent contractor practitioner must maintain a list of all renters that includes the name of renter and the [cosmetology] license number of the renter. The lessor must supply the department representative with a list of renters upon request.

(d) An establishment [Beauty salons, specialty salons and dual shops] may lease space to mini-establishment license holders [mini-salon licensees or mini-dual shop permittees]. The lessor must maintain a list of all mini-establishment [mini-salon or mini-dual shop] license numbers and expiration dates and must provide the list to a department representative upon request.

(e) A mini-establishment license holder [Mini-salon licensees and mini-dual shop permittees] must maintain the name, license number, and license expiration date of each person working in the mini-establishment [mini-salon or mini-dual shop].

(f) Establishments [Cosmetology establishments ] that lease space to mini-establishments [mini-salon licensees or mini-dual shop permittees] must maintain all common areas.

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

(1) a sink with hot and cold running water in an area where services are performed;

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

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

(4) a 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) In addition to the requirements of subsection (g):

(1) full-service establishments and mini-establishments must [beauty salons and mini-salons shall] provide the following equipment for each practitioner [licensee] present and providing services:

(A) one working station;

(B) one styling or barber chair; and

(C) a sufficient number [amount] of shampoo bowls. The establishment must have at least one shampoo bowl if the establishment provides shampooing or any service that results in a permanent change to the color or structure of the hair. A mini-establishment providing these services will be in compliance with this rule if the mini-establishment has access to at least one shampoo bowl.

(2) establishments providing manicure services must [salons shall] provide the following equipment for each practitioner [licensee] present and providing services:

(A) one manicure station [table] with sufficient lighting [light];

(B) one manicure chair or stool; and

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

(3) establishments providing esthetician services must [salons shall] provide the following equipment for each practitioner [licensee] present and providing services:

(A) one facial bed or chair; and

(B) one mirror.

(4) establishments providing combination esthetician/manicure services must [salons shall] provide the following equipment:

(A) the requirements for establishments providing manicure services [salon]; and

(B) the requirements for establishments providing esthetician services [salon].

(5) establishments providing eyelash extension services must [salons shall] provide the following equipment for each practitioner [licensee] present and providing services:

(A) one facial bed, chair, or massage table, all of which must allow [that allows] the consumer to lie completely flat;

(B) one lamp; [and]

(C) one stool or chair; and[.]

(D) one mirror.

[(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.]

(6) [(7)] establishments providing hair weaving services must [salons shall] provide the following equipment for each practitioner [licensee] present and providing services:

(A) one work station;

(B) one styling chair; [and]

(C) one chair dryer or handheld dryer; and

(D) [(C)] a sufficient number, no fewer than one in the entire establishment, [amount] of shampoo bowls for practitioners [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) All practitioners [booth rental licensees] acting as independent contractors must have the following items:

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

(1) If practicing in a full-service establishment [beauty salon], one work station and one styling or barber chair.

(2) If practicing in an establishment providing esthetician services [salon], one facial bed or chair and one mirror, wall-hung or handheld [wall hung or hand held].

(3) If practicing in an establishment providing [a] manicure services [salon], one manicure station [table] with sufficient lighting [a light], one manicure chair or stool, and one client chair, professional in appearance.

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

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

(l) Establishments must [Cosmetology establishments shall] display in the establishment, in a conspicuous place clearly visible to the public, a notice that a copy of the establishment's most recent inspection report issued by the department is available upon request.

(m) All licensed establishments [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 §1603.356 and this chapter[, Chapter 1602, §1602.408].

(n) An establishment must ensure that all persons performing or offering to perform barbering or cosmetology services at the establishment are properly licensed at all times. An establishment may not allow a person to perform any barbering or cosmetology service for which the person does not hold the required license.

(o) An establishment may not perform or offer to perform any barbering or cosmetology service outside the scope of the establishment's license.

(p) A person may not operate an establishment or school on the same premises, at the same time, as another establishment or school, unless the facilities are separated by walls of permanent construction without an opening between the facilities. This does not apply to mini-establishments or mobile establishments that are operated on the same premises as other establishments.

(q) Each establishment must display a copy of §§83.100-83.115. An establishment may meet this requirement by placing the law and rules book so that it is accessible to all practitioners who work in the establishment.

§83.72.Responsibilities of [Beauty Culture] Schools.

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

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

(c) Each school must notify [Notify] the department of any alterations to [of] a school's [cosmetology establishment's] floor plan.

(d) The certificate of curriculum approval must [shall] be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course must [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.]

(e) [(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.] An [A licensed] instructor must be physically present during all practical curriculum standard activities, and physically present or participating through distance education for theory curriculum standard activities. No credit for instructional hours can be granted to a [cosmetology] student unless such hours are accrued under the supervision of an [a licensed] instructor.

(f) [(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.

(g) [(h)] Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits must [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.

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

(i) [(j)] Schools using time clocks must ensure compliance with the following requirements and [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 may [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, the student [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 an [a licensed] instructor.

(j) [(k)] Students are prohibited from preparing hour reports or supporting documents. Only [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.

(k) [(l)] A school must properly account for the hours granted to each student. A school may [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); and

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

(l) [(m)] Schools using time clocks must [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 must [shall] include all hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department will [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 [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.

(m) [(n)] Schools using credit hours must [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.

(n) [(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.

(o) [(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.

(p) [(q)] Except for a documented leave of absence, schools must [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 must [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.]

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

(r) [(t)] A private [cosmetology ] school or public post-secondary school may provide barbering and 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 barbering and cosmetology program for purposes of the Act and department rules.

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

(t) [(v)] Schools must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum standard topic and that an [a licensed] instructor is present during the guest presenter's classroom teaching.

(u) [(w)] Schools [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 secure 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) for each student, equipment that is:

(A) sufficient to enable the student to perform the services associated with the curriculum standards for which the student is enrolled;

(B) in good working condition; and

(C) of adequate design to permit effective instruction;

(9) [(8)] if [If] offering the class A barber or 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 or barber chair (swivel or hydraulic);

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

(G) professional hand clippers;

(H) manicure station [table] and stool;

(I) facial [chair or] bed or a chair that reclines;

[(J) lighted magnifying glass;]

(J) [(K)] dry sanitizer; and

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

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

(A) facial [chair or] bed or a chair that reclines;

(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;]

(J) [(K)] mannequin head; and

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

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

(A) an autoclave, dry-heat sterilizer or ultra-violet sanitizer;

(B) [complete] manicure station [table] with sufficient lighting [light];

(C) client chair;

(D) student stool or chair;

(E) whirlpool foot spa or foot basin;

(F) electric nail file;

(G) UV light curing system;

(H) paraffin bath and paraffin wax; and

[(I) air brush system; and]

(I) [(J)] wet disinfectant soaking containers;[.]

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

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

(A) facial bed, facial chair, or massage table, all of which must allow [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.

(v) [(x)] Schools must [Cosmetology schools shall] display in the school, in a conspicuous place clearly visible to the public:

(1) a notice that a copy of the school's most recent inspection report issued by the department is available upon request; [and]

(2) a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code §1603.356 and this chapter; and[, Chapter 1602, §1602.408.]

(3) a sign that reads "SCHOOL--STUDENT PRACTITIONERS" in at least 10-inch block letters, visible from the outside of each client entrance to the licensed school facility.

(w) A school may not award credit or provide instruction for, and a student may not earn, more than 184 hours or equivalent credit hours per calendar month.

(x) Each school must display a copy of §§83.100-83.115. A school may meet this requirement by placing the law and rules book so that it is accessible to all students and all staff who work in the school.

§83.73.Responsibilities of Students.

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

(b) Students may [shall] not engage in any act that constitutes dishonesty or misrepresentation related [of or relating] to a student's hours accrued under this chapter.

§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 the student's [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 1603 and this chapter [1602].

(e) Withdrawal or termination must [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 1603 [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 class A barber, operator, or specialty course may withdraw and transfer hours acquired to another [the operator] course not to exceed the amount of hours of that subject in the applicable [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 person or entity licensed under this chapter [licensee] may not operate a remote service business without first: [providing notice to the department in accordance with this chapter.]

(1) providing, in a manner prescribed by the department, notice of the licensee's intent to operate a remote service business;

(2) providing a permanent mailing address for the remote service business; and

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

(b) Only licensed practitioners [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 barbering or 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 barbering or 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 a 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 practitioner [individual] performing digitally prearranged remote services must practice within the scope of the practitioner's [individual's] license and may only provide the services specifically authorized by this section.

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

(1) the following information regarding the practitioner [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 [Internet] website address; and

(B) telephone number; and

(3) the department's internet [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 practitioner [licensed individual] performing the service.

(i) A remote service business must [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 practitioner [licensee] who provides [a] digitally prearranged remote services is responsible for the services provided.

(k) A remote service business must [shall] terminate a practitioner's [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 practitioner [licensee] provides a digitally prearranged remote service, the remote service business and the practitioner [licensee] must ensure that all implements and supplies have been cleaned, disinfected, and sanitized or sterilized with department-approved disinfectants and in accordance with the requirements of the Act and this chapter.

(m) A remote service business and a practitioner [licensee] performing remote services must ensure compliance with all safety and sanitation [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 must [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.

§83.78.Responsibilities of Mobile Establishment [Shops].

(a) A mobile establishment must [shop shall] comply with all health and safety requirements and all other requirements of the Act and this chapter for establishments or specialty establishments [beauty salons or specialty salons], as applicable, except as modified by this section or as otherwise indicated.

(b) A mobile establishment [shop] license holder must [shall] maintain a permanent physical address as required by §83.22(c). The mobile establishment must [shop shall] notify the department in writing of any change in [physical or] mailing address within 10 calendar days of the change.

(c) Records of the following must [shall] be kept within the mobile establishment unit and made available for inspection by department personnel: appointments; itineraries, if the establishment [shop] submits itineraries to the department as provided by subsection (d); license numbers of employees and independent contractors; and vehicle identification numbers of the mobile establishment [shop]. Records of appointments and itineraries must [shall] be kept for a period of at least one year from the date the record is made.

(d) A mobile establishment must [shop shall] either:

(1) have a Global Positioning System (GPS) tracking device that enables the department to track the location of the mobile establishment [shop] over the internet [Internet] and meet the following requirements:

(A) the device must [shall] be on board and functioning at all times the mobile establishment [shop] is in operation or open for business; and

(B) the mobile establishment must [shop shall] provide the department with all information necessary to track the establishment [shop] over the internet [Internet]; or

(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 must [shall] submit the itinerary not less than 7 calendar days prior to the beginning of service described in the itinerary and must [shall] submit to the department any changes in the itinerary not less than 24 hours prior to the change. A mobile establishment must [shop shall] follow the itinerary in providing service and notify the department of any changes.

(e) Furniture must [shall] be anchored to the mobile establishment unit.

(f) All chemicals in the mobile establishment must [shop shall] be stored in cabinets secured with safety catches and must [shall] be stored separate and apart from other articles or equipment in the establishment [shop].

(g) A mobile establishment must [shop shall] display on both sides of the exterior of the mobile establishment [shop], the mobile establishment's [shop's ] license number and a sign stating the name of the establishment [shop].

(h) A mobile establishment must [shop shall] have a water heater that provides fresh, hot water continuously and on demand.

(i) A mobile establishment unit must [shall] have a fresh water tank holding a sufficient amount of fresh water to perform the day's business. If a mobile establishment unit's fresh water supply is depleted, operation must cease until the supply is replenished.

(j) A mobile establishment must [shop shall] have a functioning restroom available for use on the premises where the mobile establishment is located when providing services [within its perimeter, including a self-contained, flush toilet with holding tank].

(k) No services may be performed outside the mobile establishment [shop] or while the mobile establishment [shop] is in motion.

(l) A mobile establishment [shop] may not be used as a residence or for any other purpose besides providing barbering or cosmetology services.

§83.80.Fees (before September 1, 2023).

(a) Application fees.

(1) Operator License--$50

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

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

(3) [(4)] Student Permit--$25

[(5) Instructor License--$60]

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

(4) [(7)] Beauty and specialty salon--$106

(5) [(8)] Mini-Salon License--$60

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

(6) [(10)] Beauty Culture School--$300

[(11) Dual Shop--$130]

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

(7) [(13)] Mobile Shop--$106

(b) Renewal fees.

(1) Operator License--$50

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

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

[(4) Instructor License--$50]

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

(3) [(6)] Beauty and specialty salons--$69

(4) [(7)] Mini-Salon--$60

[(8) Mini-Dual Shop--$60]

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

(5) [(10)] Beauty Culture School--$200

[(11) Dual Shop--$100]

(6) [(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 or Duplicate License [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, school, and establishment licenses[, certificates,] and permits.

(m) This section and §82.80 provide the fees that are required before September 1, 2023. Section 83.201 provides the fees that are required on or after September 1, 2023.

§83.90.Administrative Sanctions and Penalties.

A person that violates Texas Occupations Code, Chapter [Chapters 1602 or] 1603, a rule, or an order of the Executive Director or Commission relating to Chapter [Chapters 1602 or] 1603, will [shall] be subject to the imposition of administrative sanctions and/or administrative penalties in accordance with Texas Occupations Code, Chapters 51 and [, 1602, or] 1603, and 16 Texas Administrative Code, Chapter 60 [of this title] (relating to the Texas Department of Licensing and Regulation).

§83.100.Health and Safety Definitions.

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

(1) Chlorine bleach solutions--A chemical used to destroy bacteria and to disinfect implements and non-porous surfaces; solution should be mixed fresh at least once per day. As used in this chapter, chlorine bleach solutions fall into three categories based on concentration and exposure time:

(A) Low level disinfection (100 - 200 ppm)--Add two teaspoons household (5.25%) bleach to one gallon water. Soak 10 minutes minimum.

(B) High level disinfection (1,000 ppm)--Add one-third (1/3) cup household (5.25%) bleach to one gallon water. Soak 20 minutes minimum.

(C) Blood and body fluid cleanup and disinfection (5,000 ppm)--Add one and three-quarters (1 3/4) cups household (5.25%) bleach to one gallon water. Also referred to as a 10% bleach solution.

(2) Clean or cleansing--Washing with liquid soap and water, detergent, antiseptics, or other adequate methods to remove all visible debris or residue. Cleansing is not disinfection.

(3) Disinfect or disinfection--The use of chemicals to destroy pathogens on implements and other [hard,] non-porous surfaces to render an item safe for handling, use, and disposal.

(4) Disinfectant--In this chapter, one of the following department-approved chemicals:

(A) an EPA-registered bactericidal, fungicidal, and virucidal disinfectant used in accordance with the manufacturer's instructions; or

(B) a chlorine bleach solution used in accordance with this chapter.

(5) EPA-registered bactericidal, fungicidal, and virucidal disinfectant--When used according to manufacturer's instructions, a chemical that is a low-level disinfectant used to destroy bacteria and to disinfect implements and non-porous surfaces.

(6) Multi-use items--Items constructed of hard materials with smooth surfaces such as metal, glass, or plastic typically for use on more than one client. The term includes but is not limited to such items as clippers, scissors, combs, nippers, tweezers, and some nails files.

(7) Single-use items--Porous items made or constructed of cloth, wood, or other absorbent materials having rough surfaces usually intended for single use including but not limited to such items as tissues, orangewood sticks, cotton balls, thread, surgical tape, extension pads, some buffer blocks, and gauze.

(8) Sterilize or sterilization--To eliminate all forms of bacteria or other microorganisms by use of an autoclave or dry heat sterilizer.

(9) Sanitize or sanitization--To reduce the number of microorganisms to a safe level by use of an ultraviolet sanitizer.

§83.101.Health and Safety Standards--Department-Approved Disinfectants.

(a) EPA-registered bactericidal, fungicidal, and virucidal disinfectants must [shall] be used as follows:

(1) Implements and surfaces must [shall] first be thoroughly cleaned of all visible debris prior to disinfection. EPA-registered bactericidal, fungicidal, and virucidal disinfectants become inactivated and ineffective when visibly contaminated with debris, hair, dirt and particulates.

(2) Some disinfectants may be sprayed on the instruments, tools, or equipment to be disinfected.

(3) Disinfectants in which implements are to be immersed must [shall] be prepared fresh daily or more often if solution becomes diluted or soiled.

(4) In all cases the disinfectant must [shall ] be used in accordance with the manufacturers' instructions for disinfecting [recommendation] or other guidance in this rule.

(5) These chemicals are harsh and may affect the long-term [long term] use of scissors and other sharp objects. Therefore, the department recommends leaving items in solution in accordance with the manufacturers' recommendation for effective disinfection.

(b) Chlorine bleach solutions must [shall] be used as follows:

(1) Chlorine bleach at the appropriate concentration is an effective disinfectant for all purposes in an establishment [a salon].

(2) Chlorine bleach solutions must [shall] be mixed daily.

(3) Chlorine bleach must [shall] be kept in a closed covered container and not exposed to sunlight.

(4) Chlorine bleach may affect the long-term use of scissors and other sharp objects, so the department does not recommend leaving items in bleach solution beyond 2 minutes for effective disinfection (5 minutes if disinfecting for blood contamination).

(5) Chlorine bleach vapors might react with vapors from other chemicals. Therefore, chlorine bleach solution must [shall] not be placed or stored near other chemicals used in establishments [salons] (i.e., acrylic monomers, alcohol, or other disinfecting products) or near flame.

(6) Used or soiled chlorine bleach solution must [shall] be properly disposed of each day.

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

(a) All practitioners must [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, schools, and practitioners must [licensees shall] utilize clean and disinfected equipment, tools, implements, and supplies in accordance with this chapter, and must [shall] employ good hygiene habits while providing barbering or cosmetology services.

(b) A practitioner [licensee] may not perform services on a client if the practitioner [licensee] has reason to believe the client has a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced.

(c) Multi-use equipment, implements, tools or materials not addressed in this chapter must [shall] be cleaned and disinfected before use on each client. Except as otherwise provided in this chapter, chairs and dryers do not need to be disinfected prior to use for each client.

(d) Single-use equipment, implements, tools or porous items not addressed in this rule must [shall] be discarded after use on a single client.

(e) Electrical equipment that cannot be immersed in liquid must [shall] be wiped clean and disinfected prior to each use on a client.

(f) All clean and disinfected implements and materials when not in use must [shall] be stored in a clean, dry, debris-free environment including but not limited to drawers, cases, tool belts, rolling trays, or hung from hooks. They must be stored separate from soiled implements and materials. Ultraviolet electrical sanitizers are permissible for use as a dry storage container. Supplies not related to barbering or cosmetology [Non-cosmetology related supplies] must be stored in separate drawers or locations.

(g) Shampoo bowls[,] and manicure tables must [shall] be disinfected prior to use for each client.

(h) A container, large enough to fully immerse all tools and implements with liquid disinfectant must be used to disinfect combs, brushes, scissors or other equipment which may be safely immersed in a liquid disinfectant.

(i) [(h)] Floors in [cosmetology ] establishments and schools must [shall] be thoroughly cleaned each day. Hair cuttings must be removed as soon as practicable [must be swept up and deposited in a closed receptacle after each hair cut].

(j) [(i)] All trash containers must be emptied daily and kept clean by washing or using plastic liners.

(k) [(j)] Hand washing facilities, including hot and cold running water must be provided for employees.

(l) [(k)] Clean towels must [shall ] be used on each client. Towels must be washed in hot water and chlorine bleach.

(m) [(l)] Soiled towels must [shall] be removed after use on each client and deposited in a suitable receptacle.

(n) [(m)] Each [cosmetology] establishment and school must [shall] keep all products used in the conduct of their business properly labeled in compliance with OSHA requirements.

(o) [(n)] Hair cutting and shampoo capes must [shall] be kept clean. A clean (one-use) cape must [shall] be used for each client or a sanitary neck strip or towel must [shall] be used to keep the capes from coming into direct contact with the client's neck.

§83.103.Health and Safety Standards--Hair Cutting, Styling, Shaving, and Treatment Services.

(a) Practitioners must [Cosmetologists shall] wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.

(b) All equipment, implements, tools and materials must [shall] be properly cleaned and disinfected in accordance with this rule prior to servicing each client.

(c) After each client, all non-single-use [the following] implements must [shall] be wiped with a clean paper or fabric towel and sprayed with either an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a high-level disinfectant chlorine bleach solution. Equipment, implements, tools and materials to be cleaned and disinfected include but are not limited to combs and picks, haircutting shears, thinning shears/texturizers, razors, safety razors, edgers, guards, clippers, and perm rods.

(d) At the end of each day of use, the above items, along with any other tools, such as sectioning clips, brushes, combs [comb] and picks must [shall] be cleaned by manually scrubbing with soap and water or adequate methods, and then disinfected by one of the following methods:

(1) Complete immersion in an EPA-registered bactericidal, fungicidal, and virucidal disinfectant in accordance with manufacturer's instructions; or

(2) Complete immersion in a high-level disinfectant chlorine bleach solution.

§83.104.Health and Safety Standards--Esthetician Services.

(a) Practitioners must [Cosmetologists and estheticians shall] wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client. Gloves must [shall] be worn during any type of extraction.

(b) Equipment, implements, tools and materials must [shall] be properly cleaned and disinfected after servicing each client in accordance with [to] this rule.

(c) Facial chairs and beds, including headrest for each, must [shall] be cleaned and disinfected after providing service to each client. The chair or bed must [shall] be made of or covered in a non-porous material that can be disinfected.

(d) After each client, multiple use implements such as metal tweezers and comedone extractors must [shall] be cleaned and disinfected.

(e) The following implements are single-use items and must [shall] be discarded in a trash receptacle after use: cotton pads, cotton balls, gauze, wooden applicators, disposable gloves, tissues, thread, disposable wipes, lancets, fabric strips and other items used for a similar purpose as one or more of the items listed above.

(f) The following items that are used during services must [shall] be replaced with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact skin or products from multi-use containers, sponges and other items used for a similar purpose as one or more of the items listed above.

(g) Items subject to possible cross contamination such as creams, cosmetics, astringents, lotions, removers, waxes, moisturizers, masks, oils and other preparations must [shall] be used in a manner so as not to contaminate the remaining product. Applicators must [shall] not be re-dipped in product. Permitted procedures to avoid cross contamination are:

(1) Disposing of the remaining product before beginning services on each client; or

(2) Using a single-use disposable implement to apply product and disposing of such implement after use; or

(3) Using an applicator bottle to apply the product.

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

(a) Practitioners must [Cosmetologists and estheticians shall] wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.

(b) Practitioners must [Cosmetologists and estheticians shall] clean the areas of the client's body on which the service is to be administered.

(c) Practitioners [Cosmetologists and estheticians] performing temporary hair removal services involving the use of wax, depilatories, preparations or tweezing techniques must [shall] dispose of after each use all products or single use items that have been in contact with a client's skin.

(d) All wax pots must [shall] be cleaned and disinfected in accordance with manufacturer's recommendations. No applicators may [shall] be left standing in the wax at any time and wax may not be reused under any circumstances.

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

§83.106.Health and Safety Standards--Manicure and Pedicure Services.

(a) Practitioners must [Cosmetologists and manicurists shall] clean their hands with soap and water or a hand sanitizer prior to performing any services.

(b) Practitioner must [Cosmetologists and manicurists shall] clean the areas of the client's body on which the service is to be administered.

(c) All metal manicure and pedicure tools must [shall] be properly cleaned, disinfected and sterilized or sanitized prior to each service, in accordance with this chapter, regardless of the tool's multiuse for only a single client or for multiple clients.

(d) After each client, the following implements must [shall] be cleaned, disinfected and sterilized or sanitized in accordance with the rule: metal pusher and files, cuticle nipper and scissors, metal tweezers, finger and toe nail clippers, and electric drill bits.

(e) The following implements are single-use items and must [shall] be discarded after use: orangewood sticks, cotton balls, nail wipes and disposable towels.

(f) Buffer blocks, porous nail files, pedicure files, callus rasps, natural pumice and foot brush, arbor, sanding bands, sleeves, heel and toe pumice, exfoliating block (washable materials) must [shall] be cleaned by manually brushing or other adequate methods to remove all visible debris after each use, and then sprayed with an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a [or a] high level disinfection chlorine bleach solution in accordance with this chapter. If a buffer block or porous nail file is exposed to broken skin (skin that is not intact) or unhealthy skin or nails, it must be discarded immediately after use in a trash receptacle.

(g) The following materials that are used during a manicure and pedicure must [shall] be replaced with new or clean articles for each client: terry cloth towels, finger bowls and spatulas that contact skin or skin products from multi-use containers.

§83.107.Health and Safety Standards--Electric Drill Bits.

(a) Only electric files, drills, or machines specifically designed and manufactured for use in the professional nail industry may be used in any [cosmetology] establishment or school for performing manicure or pedicure services. Craft, hardware, and hobby tools cannot be used under any circumstances.

(b) After each use, diamond, carbide, natural and metal bits must [shall] be cleaned by either

(1) using a brush;

(2) using an ultrasonic cleaner; or

(3) immersing the bit in acetone for 5 to 10 minutes.

(c) Immediately after cleaning all visible debris, diamond, carbide, natural and metal bits must [shall] be disinfected by complete immersion in an appropriate disinfectant between clients, then sterilized in accordance with this chapter.

(d) Buffing bits and chamois must [shall] be cleaned with soap and water at the end of every day of use in addition to being cleaned or replaced between clients.

§83.108.Health and Safety Standards--Foot Spas, Foot Basins, and Spa Liners.

(a) As used in this section, "whirlpool foot spa" or "spa" is defined as any basin using circulating water, either in a self-contained unit or in a unit that is connected to other plumbing in the establishment or school.

(b) After use upon each client, each whirlpool foot spa must [shall] be cleaned and disinfected in the following sequential manner.

(1) All water must [shall] be drained and all debris must [shall] be removed from the spa basin.

(2) The spa basin must be cleaned with soap or detergent and water.

(3) The spa basin must be disinfected with an EPA registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.

(4) The spa basin must be wiped dry with a clean towel.

(c) At the end of each day, each whirlpool foot spa must [shall] be cleaned and disinfected in the following sequential manner.

(1) The screen and any other removable parts must [shall] be removed, all debris trapped behind the screen must [shall] be removed, and the screen and the inlet and any other removable parts must [shall] be washed with soap or detergent and water.

(2) Before replacing the screen, one of the following procedures must [shall] be performed:

(A) The screen and any other removable parts must [shall] be washed with a high level disinfection chlorine bleach solution [of one-third (1/3) cup of 5.25% chlorine bleach to one (1) gallon of water]; or

(B) The screen and any other removable parts must [shall] be totally immersed in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.

(3) The spa system must [shall] be flushed with soap and warm water for at least ten (10) minutes, after which the spa must [shall] be rinsed and drained.

(d) Every other week (bi-weekly), after cleaning and disinfecting as provided in this subsection, each whirlpool foot spa must [shall] be cleaned and disinfected in the following sequential manner.

(1) The spa basin must [shall] be filled completely with a high level disinfection chlorine bleach solution [water and one-third (1/3) cup of 5.25% bleach for each one (1) gallon of water].

(2) The spa system must [shall] be flushed for 5 to 10 minutes with the high level disinfection chlorine bleach solution [and water solution] or an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions and allowed to sit for 6 to 10 hours.

(3) The spa system must [shall] be drained and flushed with water before use upon a client.

(e) For whirlpool foot spas, a record must [shall] be made on a department-approved form of the date and time of each cleaning and disinfecting indicating whether the cleaning was a daily or bi-weekly cleaning. This record must [shall ] be made at or near the time of cleaning and disinfecting and must [shall] indicate if a spa was not used during any individual work day.

(f) As used in this section "non-whirlpool foot basin" or "foot basin" is defined as any basin, tub, footbath, sink or bowl that holds non-circulating water. After use upon each client, each non-whirlpool foot basin must [shall] be cleaned and disinfected in the following sequential manner.

(1) All water must [shall] be drained and all debris must [shall] be removed from the foot basin.

(2) The inside surfaces of the foot basin must be scrubbed and cleaned of all visible residues with a clean brush, soap or detergent, and water.

(3) The foot basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal and virucidal activity which must be used according to the manufacturer's instructions.

(4) The foot basin must be rinsed, emptied, and wiped dry with a clean towel.

(g) For non-whirlpool foot basins, a record must [shall] be made on a department-approved form of the date and time of each cleaning and disinfecting. The record must [shall] be made at or near the time of cleaning and disinfecting and must [shall] indicate if the foot basin was not used during any individual work day.

(h) As used in this section "disposable spa liner" or "spa liner" is defined as a plastic liner designed to be placed within a whirlpool foot spa and discarded after a single use and which is equipped with a single "non-adhesive" heat-sealed drain tab which, when pulled, allows water to empty directly into a whirlpool foot spa drain.

(i) As used in this section "portable whirlpool jet" or "jet" is defined as a magnetic or other circulating device, designed to be placed within a whirlpool foot spa basin in order to circulate water in spas in which disposable spa liners are used.

(j) Disposable spa liners and portable whirlpool jets may be used in providing spa services to clients. When used, the following sequential procedures must [shall] be performed.

(1) After use upon a client, the heat sealed tab must [shall] be pulled allowing the water to empty directly into the [cosmetology] establishment's or school’s plumbing system.

(2) The spa liner must [shall] be discarded in a covered trash receptacle.

(3) The portable whirlpool jet must [shall ] be completely immersed for 5 to 10 minutes in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.

(4) The jet must [shall] be rinsed with warm water and drained.

(5) All surfaces of the spa basin and foot rest must [shall] be wiped with EPA-registered disinfectant wipes.

(k) For disposable spa liners and whirlpool jets, a record must [shall] be made on a department-approved form indicating the time and date when the spa liner was used and discarded and when the jet was used and disinfected and must [shall] indicate if the jet was not used during a work day.

(l) Cleaning and disinfecting records for foot spas, foot basins, spa liners and jets must [shall] be made available upon request by either a client or a department representative and must [shall] be retained for inspection for at least 60 days.

(m) A foot spa, foot basin or jet for which documentation is not maintained in accordance with this section must be removed from service and not used again until it has been cleaned and disinfected in accordance with the requirements of this section and the records have been properly updated. When a foot spa, foot basin or jet is removed from service for any reason, the record must indicate the date of removal from service.

(n) Foot spa and foot basin chairs must [shall ] be cleaned and disinfected after service is provided to each client. The chair must [shall] be made of or covered in a non-porous material that can be disinfected.

§83.110.Health and Safety Standards--Hair Weaving Services.

(a) Practitioners must [Cosmetologists, wig specialists, and hair weavers shall] wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.

(b) All equipment, implements, tools and materials must [shall] be properly cleaned and disinfected in accordance with this rule prior to servicing each client.

(c) Hair extensions, tracks, needles, and thread must [shall] be stored in a bag or covered container until ready to use. No unrelated items may [shall] be stored in the same bag or container.

(d) Needles, combs, and hair clips must [shall] be sprayed with a disinfectant before use.

§83.111.Health and Safety Standards--Blood and Body Fluids.

(a) Blood can carry many pathogens. For this reason, licensees should never touch a client's open sore or wound. Powdered alum, styptic powder, or a cyanoacrylate (e.g. liquid-type bandage) may be used to contact [contract] the skin to stop minor bleeding, and should be applied to the open area with a disposable cotton-tipped instrument that is immediately discarded after application.

(b) In the case of blood or body fluid contact on any surface area such as a table, chair, or the floor, an EPA-registered hospital grade disinfectant, a tuberculocidal disinfectant, or a blood and body fluid cleanup and disinfection chlorine [10%] bleach solution must [(one-and-three quarters (1 3/4) cups of household (5.25%) bleach to one gallon of water) shall] be used per manufacturer's instructions immediately to clean up all visible blood or body fluids.

(c) If any non-porous instrument is contacted with blood or body fluid, it must [shall] be immediately cleaned and disinfected using an EPA-registered hospital grade disinfectant, a tuberculocidal disinfectant in accordance with the manufacturer's instructions, or totally immersed in a blood and body fluid cleanup and disinfection chlorine [10%] bleach solution [(one-and-three quarters (1 3/4) cups of household (5.25%) bleach to one gallon of water)] for 5 minutes.

(d) If any porous instrument contacts blood or body fluid, it must [shall] be immediately double-bagged and discarded in a closed trash container or biohazard box.

§83.112.Health and Safety Standards--Prohibited Products or Practices.

(a) Practitioners [Licensees] may not use any of the following substances or products in performing barbering or cosmetology services:

(1) Methyl Methacrylate Liquid Monomers, (MMA) [a.k.a., MMA].

(2) Razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g., credo blades.

(3) Alum or other astringents in stick or lump form. (Alum or other astringents in powder or liquid form are acceptable.)

(4) Fumigants such as formalin (formaldehyde) tablets or liquids.

(b) Possession on licensed premises of any item listed in this section is a violation under this chapter.

(c) The use of any product, preparation or procedure that comes into contact with or penetrates the dermis layer of the skin is prohibited.

§83.113.Health and Safety Standards--FDA.

(a) Practitioners may [Licensees shall] not use any product in providing a service authorized under the Act that is banned or deemed to be poisonous or unsafe by the United States Food and Drug Administration (FDA) or other local, state, or federal governmental agencies responsible for making such determinations.

(b) Possession or storage on licensed premises of any item banned or deemed to be poisonous or unsafe by the FDA or other governmental agency will [shall] be considered prima facie evidence of its use.

(c) For the purpose of performing services authorized under the Act, no practitioner may [licensee shall] buy, sell, use, or apply to any person liquid monomeric methyl methacrylate (MMA).

§83.114.Health and Safety Standards--Establishments and Schools.

(a) Establishments and schools must [shall] keep the floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair. Any cracks, holes, or other similar disrepair not readily accessible for cleaning must [shall] be repaired or filled in to create a smooth, washable surface.

(b) All floors in areas where services under the Act are performed, including restrooms and areas where chemicals are mixed or where water may splash, must be of a material which is not porous or absorbent and is easily washable, except that anti-slip applications or plastic floor coverings may be used for safety reasons. Carpet is permitted in all other areas.

(c) Plumbing fixtures, including toilets and wash basins, must [shall] be kept clean. They must be free from cracks and similar disrepair that cannot be readily accessible for cleaning.

(d) Each establishment and school must have suitable plumbing that provides an adequate and readily available supply of hot and cold running water at all times and that is connected for drainage of sewage and potable water within the areas where work is performed and supplies dispensed.

(e) Every establishment and school must [shall] provide at least one restroom located on or near the licensed premises [of the establishment]. For public safety, chemical supplies may [shall] not be stored in the restroom.

(f) Food or beverages may [shall] not be prepared on licensed premises for sale. Pre-packaged food or beverages may be sold to or consumed by clients.

(g) For public health and safety, licensed premises must [shall] eliminate any strong odors through adequate ventilation, including but not limited to, exhaust fans and air filtration to exhaust chemicals and fumes away from the public area and to provide for the input of fresh air.

(h) Licensed premises may [shall] not be utilized 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. An establishment or school that is attached to a residence must have an entrance that is separate and distinct from the residential entrance. Any door between a residence and a licensed facility must be closed during business hours.

(i) Only service animals are allowed in establishments and schools. Covered aquariums are allowed provided that they are maintained in a sanitary condition.

§83.115.Health and Safety Standards--Eyelash Extension Application Services.

(a) A practitioner [licensee] offering the eyelash extension application service must [shall] wash the practitioner's [his or her] hands with soap and water prior to performing any services on a client.

(b) Equipment, implements, and materials must [shall] be properly cleaned and disinfected prior to providing services.

(c) Chairs and beds, including headrests, must [shall] be cleaned and disinfected after providing services to each client. The chair and beds must [shall] be made of or covered in a non-porous material that can be disinfected.

(d) After each client, the following implements must [shall] be cleaned and disinfected: tweezers, nasal aspirator or electric eyelash dryer and other items used for a similar purpose.

(e) The following implements are single-use items and must [shall] be discarded in a trash receptacle after use: disposable gloves, tissues, disposable wipes, fabric strips, surgical tape, eye pads, extensions, cotton swabs, face mask, brushes, extension pads and other items used for a similar purpose.

(f) The following items that are used during services must [shall] be replaced with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, spatulas that contact skin or products from multi-use containers.

(g) A practitioner must [licensee shall] use only properly labeled semi-permanent glue and semi-permanent glue remover that must be used according to the manufacturer's instructions.

(h) Extensions must be stored in a sealed bag or covered container and must [shall] be kept in a clean dry, debris-free storage area.

§83.120.Technical Requirements--Curriculum Standards (before August 1, 2023).

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

[(c) Instructor Curricula.]

[Figure: 16 TAC §83.120(c)]

(c) [(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; and

(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.]

(d) [(e)] Field Trips.

(1) Cosmetology related field trips are permitted under the following conditions for students enrolled in the following courses. The [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 hour [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; and

(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 an [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.

(e) This section and §82.120 provide the curriculum standards that are effective before August 1, 2023. Section 83.202 provides the curriculum standards that are effective on or after August 1, 2023.

§83.200.License Requirements--Individuals (on or after September 1, 2023).

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

(1) submit a completed application in the manner prescribed by the department;

(2) pay the applicable fee required under §83.80;

(3) be at least 17 years of age;

(4) have completed the hours of instruction required under §83.120 at a licensed school;

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

(6) have not committed an act that constitutes a ground for denial of the license; and

(7) meet other applicable requirements of the Act and this chapter.

(b) 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 in the manner prescribed by the department and paying the required fee under §83.80.

(c) A person who holds both an active hair weaving specialist license and an active esthetician license is eligible for a hair weaving specialist/esthetician license by submitting a completed application in the manner prescribed by the department and paying the required fee under §83.80.

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

(1) submit a completed application in the manner prescribed by the department; and

(2) pay the fee required under §83.80.

(e) This section provides the minimum requirements for practitioner license applications received by the department on or after September 1, 2023. Until that date, §83.20 and §82.20 provide the minimum requirements.

§83.201.Fees (on or after September 1, 2023).

(a) Application fees.

(1) Class A Barber License or Operator License--$50

(2) Specialty Practitioner License (Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50

(3) Full-Service Establishment License--$78

(4) Specialty Establishment License--$78

(5) Mini-Establishment License--$70

(6) Mobile Establishment License--$78

(7) School License--$380

(8) Student Permit--$25

(b) Renewal fees.

(1) Class A Barber License or Operator License--$50

(2) Specialty Practitioner License (Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50

(3) Full-Service Establishment License--$78

(4) Specialty Establishment License--$78

(5) Mini-Establishment License--$70

(6) Mobile Establishment License--$78

(7) School License--$280

(c) Substantial Equivalence 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 or Duplicate License--$25

(f) Law and Rules Book--$14

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

(h) Verification of license to other states--$15

(i) Student transcript fee--$5

(j) Late renewals fees for licenses under this chapter are provided under §60.83 (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, school, and establishment licenses and permits.

(m) This section provides the fees that are required on or after September 1, 2023. Until that date, §83.80 and §82.80 provide the required fees.

§83.202.Technical Requirements--Curriculum Standards (on or after August 1, 2023).

(a) The cosmetology operator and class A barber curricula consist of 1,000 clock hours or equivalent credit hours, as follows:

(1) Theory: anatomy and physiology; disorders of the skin, scalp, hair and nails; chemistry (haircoloring, chemical waving, and relaxing); bacteriology, sterilization and sanitation, health, safety, first aid, laws and rules; tools and equipment; hair care and related theory; business skills and establishment management. 250 hours.

(2) Practice: haircutting; hairstyling; hair and scalp treatments, scalp massage; hairweaving, extensions; chemical textures and applications; face and neck massage and treatments; facial hair removal; manicuring; chemistry (haircoloring, chemical waving, and relaxing); waxing and removing body hair; safety, first aid, and sanitation; customer service and professional ethics. 450 hours.

(3) The standards for the operator curriculum must include Specialty Practice: eyelash semi-permanent extensions; advanced hair care and advanced chemical services; and related practices. 300 hours.

(4) The standards for the class A barber curriculum must include Specialty Practice: shaving with any razor type and razor techniques; mustache and beard care; advanced hair care and men’s haircutting; and related practices. 300 hours.

(b) The class A barber to cosmetology operator curriculum consists of 300 clock hours or equivalent credit hours, as follows:

(1) Theory: anatomy and physiology; eye shapes; client protection and adverse reactions; advanced hair care and advanced chemical services; health, safety and related theory; sanitation, laws and rules. 75 hours.

(2) Specialty Practice: eyelash extension application, isolation and separation; advanced hair care and advanced chemical services; and related practices. 225 hours.

(c) The cosmetology operator to class A barber curriculum consists of 300 clock hours or equivalent credit hours, as follows:

(1) Theory: barber history; anatomy and physiology; instruments; razors; beard and mustache design; health, safety and related theory; sanitation, laws and rules. 75 hours.

(2) Specialty Practice: shaving with any razor type and razor techniques; mustache and beard care; advanced hair care and men’s haircutting; and related practices. 225 hours.

(d) Specialist Curricula.

(1) The esthetician curriculum consists of 750 clock hours or equivalent credit hours, as follows:

(A) Theory: anatomy and physiology; machines and related equipment; basic facials; chemistry; care of client; superfluous hair removal and related theory; sanitation, health and safety; law and rules; business management. 188 hours.

(B) Practice: facial treatments, cleansing, masking, and therapy; chemistry machines and related equipment; superfluous hair removal; sanitation, first aid, health and safety. 262 hours.

(C) Specialty Practice: advanced facial treatments and superfluous hair removal using devices or preparations; makeup; semi-permanent eyelash extension applications; and related practices. 300 hours.

(2) The manicurist curriculum consists of 600 clock hours or equivalent credit hours, as follows:

(A) Theory: anatomy and physiology; nail structure and growth; equipment and implements; bacteriology, sanitation and safety; hazardous chemicals and ventilation; basic manicures and pedicures; business management; laws and rules. 150 hours.

(B) Practice: repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products. 150 hours.

(C) Specialty Practice: professional practices; advanced manicuring and pedicuring; advanced techniques, preparations and applications. 300 hours.

(3) The manicurist/esthetician curriculum consists of 800 clock hours or equivalent credit hours, as follows:

(A) Theory: anatomy and physiology; machines and related equipment; chemistry; care of client; basic facials; superfluous hair removal and related theory; nail structure and growth; equipment and implements; hazardous chemicals and ventilation; basic manicures and pedicures; business management; bacteriology, sanitation, health, and safety; laws and rules. 200 hours.

(B) Specialty Manicure Practice: repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products; professional practices, techniques and preparations; sanitation, first aid, health and safety. 300 hours.

(C) Specialty Esthetician Practice: facial treatments, cleansing, masking, and therapy; chemistry machines and related equipment; superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 300 hours.

(4) The eyelash extension specialist curriculum consists of 320 clock hours or equivalent credit hours, as follows:

(A) Theory: eye shapes and eyelash growth; supplies and related equipment; contagious diseases and adverse reactions; sanitation, first aid, health and safety; client protection; business management, laws and rules. 80 hours.

(B) Specialty Practice: Semi-permanent eyelash extension isolation, separation and application. 240 hours.

(5) The hair weaving specialist curriculum consists of 300 clock hours or equivalent credit hours, as follows:

(A) Theory: basic hair weaving; anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; sterilization methods; chemistry and client protection; sanitation, health and safety; business management, laws and rules. 75 hours.

(B) Specialty Practice: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations. 225 hours.

(6) The hair weaving specialist/esthetician curriculum consists of 700 clock hours or equivalent credit hours, as follows:

(A) Theory: anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; basic hair weaving; sterilization methods; chemistry and client protection; basic facials; machines and related equipment; chemistry; care of client; superfluous hair removal and related theory. 175 hours.

(B) Specialty Hair Weaving Practice: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations. 225 hours.

(C) Specialty Esthetician Practice: facial treatments, cleansing, masking, and therapy; chemistry machines and related equipment; superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 300 hours.

(e) 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 cosmetology operator course;

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

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

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

(E) maximum of 150 hours out of the 600 hour manicurist course;

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

(G) a maximum of 200 hours out of the 800 hour esthetician/manicurist course;

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

(I) a maximum of 75 hours out of the 300 hour hair weaving specialist course; and

(J) a maximum of 175 hours out of the 700 hour hair weaving specialist/esthetician course.

(f) Field Trips.

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

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

(A) a maximum of 100 hours out of the 1,000 hour cosmetology operator course;

(B) a maximum of 100 hours out of the 1,000 hour class A barber course;

(C) a maximum of 60 hours for the manicurist course;

(D) a maximum of 75 hours for the esthetician course;

(E) a maximum of 80 hours for the esthetician/manicurist course;

(F) a maximum of 32 hours for the eyelash extension specialist course;

(G) a maximum of 30 hours for the hair weaving specialist course; and

(H) a maximum of 70 hours for the hair weaving specialist/esthetician course.

(3) Students must be under the supervision of an 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.

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

(5) No hours are allowed for travel.

(6) Prior department approval is not required.

(g) The department may allow students previously enrolled in a 1,200-hour manicurist/esthetician program to transfer completed hours to an 800-hour manicurist/esthetician program if the hours meet the required technical standards. Upon request of a student, a school must apply completed hours toward a department-approved 800-hour manicurist/esthetician program if the school has such a program, or allow the student to transfer to another school.

(h) This section provides the curriculum standards that are effective on or after August 1, 2023. Until that date, §83.120 and §82.120 provide the required curriculum standards.

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 12, 2022.

TRD-202203658

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 23, 2022

For further information, please call: (512) 463-7750


CHAPTER 83. COSMETOLOGISTS

16 TAC §§83.31, 83.50, 83.52, 83.54, 83.65, 83.109

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department. The proposed repeals are also proposed under former Texas Occupations Code, Chapters 1601 and 1602, which were repealed by HB 1560, Article 3, Section 3.33, but remain in effect by authority of the transition provisions in HB 1560, Article 3, Sections 3.34-3.42. The proposed repeals are also proposed under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department’s statutory authority to conduct criminal history background checks on an applicant for or the holder of a license, certificate, registration, title, or permit issued by the Department.

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

§83.31.Licenses--License Terms.

§83.50.Inspections--General.

§83.52.Periodic Inspections.

§83.54.Corrective Modifications Following Inspection.

§83.65.Advisory Board on Cosmetology.

§83.109.Health and Safety Standards--Wig and Hairpiece Services.

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 12, 2022.

TRD-202203659

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 23, 2022

For further information, please call: (512) 463-7750