Office of House Bill AnalysisH.B. 1756
By: Gutierrez
Public Health


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. 


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. 


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). 


September 1, 2001, and requires the State Board of Barber Examiners to
adopt rules under the Act not later than September 1, 2002.