HBA-DMH H.B. 1756 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1756 By: Gutierrez Public Health 4/4/2001 Introduced BACKGROUND AND PURPOSE The State Board of Barber Examiners (board) is legally constituted to regulate the practice of barbering in Texas. Under current law, the Texas Department of Health (TDH) is responsible for promulgating sanitary rules for the practice of barbering. TDH does not routinely inspect barber shops or investigate inquiries about barber shops. Any inquires TDH receives are routinely referred to the board, which has barber inspectors on staff who routinely inspect these establishments. Sanitary rules for barbers are initiated by the board, which then must ask the General Sanitation Division at TDH to present the proposed rules to the Texas Board of Health (board of health) for appropriate action. House Bill 1756 transfers rulemaking authority from the board of health and TDH to the State Board of Barber Examiners to regulate barbering practices. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board of Barber Examiners in SECTION 1 (Section 1601.151, Occupations Code), SECTION 2 (Section 1601.152, Occupations Code), SECTION 6 (Section 1601.303, Occupations Code), and SECTION 18 of this bill. ANALYSIS House Bill 1756 amends the Occupations Code to transfer rulemaking authority from the Texas Department of Health and the Texas Board of Health to the State Board of Barber Examiners (board) for the purposes of regulating barbers, cosmetologists, and related occupations. The bill authorizes a person who holds a license, certificate, or permit to perform barbering from another state or country that has standards or work experience requirements that are substantially equivalent to the requirements of this state to apply for a license, certificate, or permit to perform the same acts of barbering in this state that the person practiced in the other state or country and sets forth requirements for the application and renewal process for such a person (Sec. 1601.267). The bill creates the barber school tuition protection account for the purpose of refunding unused tuition if a barber school ceases operation before its course of instruction is complete and sets forth provisions for the funding and administration of the account (Sec. 1601.3571). The bill requires an applicant to have practiced barbering for at least 12 months, in addition to meeting other current requirements, before the board can issue a barbershop permit to an applicant (Sec. 1601.303). The bill modifies the application requirements for a manicurist license to increase from 300 to 600 hours the number of hours of board-approved training that an applicant for a manicurist license must have completed to obtain a license (Sec. 1601. 257). The bill deletes provisions and repeals law relating to journeyman barber permits, surety bonds, wig specialty shops, wig schools, and the regulation of wig specialists and instructors (Secs. 1601.354, 1601.402, 1601.405, 1601.454 and SECTION 17). EFFECTIVE DATE September 1, 2001, and requires the State Board of Barber Examiners to adopt rules under the Act not later than September 1, 2002.