Barbering Proposed Administrative Rules

Chapter 82. Barbers

Proposal Filed: September 3, 2015 - Published in the Texas Register: September 18, 2015

Deadline for Public Comment: October 19, 2015

Underlined text is new language.

[Strike-thru text] is deleted language.

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, 82.21, 82.22, 82.28, 82.31, 82.70 - 82.72, 82.80, 82.110 and 82.120, regarding the Barbers program.

House Bill 104 (H.B. 104), 84th Legislature, Regular Session (2015), allows services to be provided outside a licensed facility for special events, such as weddings. In addition, House Bill 2717 (H.B. 2717) removes hair braiding from barbering regulations.

The proposed amendments are necessary to implement the changes made by H.B. 104 and H.B. 2717, to Texas Occupations Code, Chapters 1601 and 1603.

The proposed amendments to §82.10 removes the definition of 'hair braider' and 'shampoo apprentice permit' and adds the definition for 'special event'. Editorial changes are also made to renumber the section.

Proposed amendments to §82.20 remove all references to the 'hair braiding specialty certificate of registration' and the 'hair braiding specialty instructor license'.

Proposed amendments to §82.21 remove the reference to the 'hair braiding specialty instructor license'.

The proposed amendments to §82.22 delete the references to hair braiding and expired dates.

The proposed amendments to §82.28 delete the reference to hair braiders.

Proposed amendments to §82.31 remove hair braiding from license terms.

Proposed amendments to §82.70 remove any reference to hair braiders, specify when a licensee may work outside a licensed facility, and makes editorial changes.

Proposed amendments to §82.71 remove responsibilities of hair braiding specialty shops.

The proposed amendments to §82.72 remove the requirements regarding hair braiding curriculum in barber schools and corrects a cross reference.

Proposed amendments to §82.80 remove all fees pertaining to hair braiding and removes expired renewal dates.

The proposed amendments to §82.110 delete the reference to hair braiders.

Proposed amendments to §82.120 deletes the curriculum for the hair braiding specialty certificate of registration and the hair braiding specialty instructor license. Editorial changes are also made to re-letter the section.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed amendments. The estimated loss in revenue to the state is a result of the statutory change to deregulate hair braiding.

Mr. Kuntz also has determined that for each year of the first five-year period the proposed amendments are in effect, the public will benefit by less burdensome regulation on the barbering industry.

There will be no anticipated economic effect on small and micro-businesses and to all other persons who are required to comply with the rules as proposed.

Since the agency has determined that the proposed amendments will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapters 51 and 1601, which authorize the Commission, 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 proposal are those set forth in Texas Occupations Code, Chapters 51, 1601 and 1603. No other statutes, articles, or codes are affected by the proposal.

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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) - (9) (No change.)

(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[, or hair braider]; 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) - (17) (No change.)

[(18)] [Hair braider--A person who holds a Hair Braiding Specialty Certificate of Registration and who may perform only the practice of barbering as defined in Texas Occupations Code, §1601.002(1)(K).]

(18) [(19)] 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.

(19) [(20)] 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).

(20) [(21)] License--A license, permit, certificate, or registration issued under the authority of the Act.

(21) [(22)] License by reciprocity--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.

(22) [(23)] 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.

(23) [(24)] 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).

(24) [(25)] 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.

(25) [(26)] 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.

(26) [(27)] 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.

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

(28) [(29)] 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 reciprocity.

(29) [(30)] Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity.

[(31)] [Shampoo Apprentice Permit--A non-renewable permit that allows a person to perform the practice of barbering defined in Texas Occupations Code §1601.002(1)(I).]

(30) [(32)] 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.

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

(32) [(33)] 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) [and (K)].

(33) [(34)] 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) [or (K)] is performed.

(34) [(35)] 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.

(35) [(36)] 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.

(a) (No change.)

(b) To be eligible for a [Hair Braiding Specialty Certificate of Registration or] 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 set forth in §82.120.

(c) - (g) (No change.)

[(h)] [Hair Braiding Specialty Certificate of Registration--To be eligible for a Hair Braiding Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.259. No examination is required.]

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

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

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

(k) [(l)] 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.

[(m)] [To be eligible for a Hair Braiding Specialty Instructor License, on or after September 1, 2014, 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 hair braiding specialty certificate;]

[(6)] [have completed a 50 hour hair braiding instructor course in a barber school; and]

[(7)] [pass a written examination required under §82.21. No practical examination is required.]

82.21. License Requirements--Examinations.

(a) - (c) (No change.)

[(d)] [Notwithstanding subsection (c), no practical examination is required for the Hair Braiding Specialty Instructor license.]

(d) [(e)] Examinees must pass the written examination before being eligible to take the practical examination.

(e) [(f)] When appearing for an examination the examinee shall bring the instruments necessary to give a practical demonstration of the barbering services applicable to the license for which the examinee is applying.

(f) [(g)] The examinee shall provide a model, of 16 years of age or older, on whom to demonstrate the practical work. The department may require parental approval for models under 18 years of age.

(g) [(h)] 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.

(h) [(i)] Examinees are required to wear a smock or professional attire for the practical examination.

(i) [(j)] The department will notify an examinee if the examinee fails either the written or practical examination.

(j) [(k)] Any student or applicant having had a name change during his or her enrollment at any department licensed barber school must notify the department in writing prior to the date on which the student or applicant is scheduled to take any examination, written or practical.

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

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

(c) Specialty Shop Permit--To be eligible for a Specialty Shop Permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.305. The categories of Specialty Shop Permits issued by the department are: manicurist and [,] hair weaving[, and hair braiding].

(d) Dual Shop License--To be eligible for a Dual Shop License, an applicant must comply with the requirements of the Act, this chapter, Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 for obtaining a beauty salon license and a barbershop permit.

(e) Mini-Barbershop Permit--To be eligible for a Mini-Barbershop Permit, [on or after November 1, 2014,] an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.303 and §1603.207.

(f) Mini-Dual Shop Permit--To be eligible for a Mini-Dual Shop Permit, [on or after November 1, 2014,] an applicant must comply with the requirements of the Act, this chapter, Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 for obtaining a beauty salon license and a barbershop permit.

(g) Mobile Shop License--To be eligible for a Mobile Shop License, an applicant must:

(1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile 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 shop complies with the requirements of the Act and this chapter.

(h) Booth Rental Permit--To be eligible for a booth rental permit, an applicant must hold a valid department-issued Class A barber certificate, barber technician license, barber technician/manicurist license, barber technician/hair weaving license, barber instructor license, specialty instructor license, manicurist license, or hair weaving specialty certificate of registration[, or hair braiding specialty certificate of registration] and meet the requirements of this section.

82.28. Reciprocity or Endorsement and Provisional Licensure.

(a) - (c) (No change.)

(d) The department may waive any license requirement, except for a license or certificate for a Class A Barber, Barber Technician, or Hair Weaver [or Hair Braider], for an applicant who holds a license from another state or country that has license requirements substantially equivalent to those of Texas.

(e) - (j) (No change.)

82.31. Licenses--License Terms.

(a) The following licenses issued under this chapter shall have a term of two years from the date of issuance:

(1) Class A Barber Certificate;

(2) Barber Instructor License;

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving;

(4) Specialty Certificate of Registration--Hair Weaving[, Hair Braiding];

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

(6) Barbershop Permit;

(7) Mini-Barbershop Permit;

(8) Specialty Shop Permit;

(9) Dual Shop License;

(10) Mini-Dual Shop Permit;

(11) Mobile Shop License; and

(12) Booth Rental Permit.

(b) - (c) (No change.)

82.70. Responsibilities of Individuals.

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

(b) A licensee is [shall be] restricted to working in a licensed facility but may perform a service within the scope of the license, [certificate or permit] at a location other than a licensed facility for a customer who: [, because of illness or physical or mental incapacitation,]

(1) is unable to receive the services at a licensed facility because of illness of physical or mental incapacitation; or [. The appointment for services must be made through a licensed facility.]

(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) (No change.)

(d) License holders, including Class A barbers, barber instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, hair weavers, [hair braiders,] manicurists, and specialty instructors are responsible for compliance with the health and safety standards of this chapter.

(e) - (g) (No change.)

(h) Barbers, manicurists, barber instructors, specialty instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, or hair weavers[, or hair braiders] who lease space on the premises of a barbershop, dual shop, or specialty shop to engage in the practice of barbering as an independent contractor must hold a booth rental permit.

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

(a) - (q) (No change.)

[(r)] [Hair braiding specialty shops shall provide the following equipment for each licensee present and providing services:]

[(1)] [one work station; and]

[(2)] [one styling chair.]

(r) [(s)] Manicure specialty shops shall provide the following equipment for each licensee present and providing services;

(1) one manicure table with light;

(2) one manicure stool; and

(3) one professional client chair for each manicure station.

(s) [(t)] Dual shops shall:

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

(2) comply with all requirements of Texas Occupations Code, Chapter 1602 and 16 TAC Chapter 83 applicable to beauty salons; and

(3) if the shop does not currently have employed or have a contract with at least one licensed barber (or cosmetologist) the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber (or cosmetologist) is available; and:

(4) 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;

(A) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering (or cosmetology) services; and

(B) remove or obscure any existing sign or symbol indicating that the shop offers barbering (or cosmetology) services.

(t) [(u)] Mini-barbershops must comply with all requirements of the Act and this chapter applicable to mini-barbershops and Texas Occupations Code §1603.207.

(u) [(v)] Mini-dual shops must:

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

(2) comply with all requirements of Texas Occupations Code, Chapter 1602, and 16 TAC Chapter 83 applicable to beauty shops; and

(3) comply with all the requirements for dual shops listed under subsection (t).

(v) [(w)] A person holding a barber shop, mini-barbershop, specialty shop, dual shop, mini-dual shop, or mobile shop license may not employ a person who is not otherwise licensed by the department to shampoo or condition a person's hair, unless the person holds an active student permit.

(a) - (f) (No change.)

(g) Each barber school shall have:

(1) for each student in attendance on the practical floor, enrolled in a manicurist course outlined in §82.120, one complete manicure table, one complete set of manicuring implements for plain and sculptured nails, and one textbook with complete instructions;

(2) an adequate supply of permanent wave rods, and optional hair styling rollers;

(3) a minimum of two canvas-type wig blocks;

(4) two mannequins, one long-haired and one short-haired;

(5) a minimum of one wig, one hairpiece, and hair extensions for weaving;

(6) clock;

(7) bulletin board;

(8) chalk board or dry erase board;

(9) one hooded hair dryer;

(10) fire extinguisher with current inspection report;

(11) instructor's desk in classroom; and

(12) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.

[(13)] [If providing the hair braiding curriculum, the equipment listed in subsection (h)(1) - (11).]

[(h)] [Notwithstanding subsections (c) - (g), a barber school that offers only the hair braiding curriculum must have a clock and a fire extinguisher with current inspection report and must make the following equipment available in adequate number for student use:]

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

[(2)] [assortment of combs;]

[(3)] [brushes;]

[(4)] [yarn;]

[(5)] [artificial hair;]

[(6)] [scissors;]

[(7)] [butterfly clamps and small clips;]

[(8)] [hackle;]

[(9)] [chairs;]

[(10)] [spray bottle; and]

[(11)] [drawing board/card.]

(h) [(i)] A student instructor may instruct theory only if assisted by a person holding a barber instructor's license.

(i) [(j)] A barber school shall submit each application for student permit in a manner prescribed by the department.

(j) [(k)] Students must have a permit to attend barber school and are authorized to only practice barbering in that school.

(k) [(l)] The school must attach a current student photograph to the school's portion of the permit and to the student's portion of the permit. No student permit is valid unless these photographs are attached.

(l) [(m)] Notwithstanding subsection (j) [(k)], a student may shampoo and condition a person's hair in a facility licensed under Texas Occupations Code, Chapters 1601 and 1603.

(m) [(n)] A barber school shall maintain one album displaying the school's portion of student permits, including affixed picture, of all enrolled students. The permits shall be in alphabetical order. No student may accrue hours for practical work or theory unless the student's permit is displayed in accordance with this subsection.

(n) [(o)] Each barber school approved by the department shall include in its instruction the curricula approved by the department.

(o) [(p)] No business other than the teaching and practicing of barbering can be operated on the premises of a barber school, with the exception of vending machines or retail products directly relating to hair care.

(p) [(q)] A barber school 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 requirements set forth in §82.120 by limiting distance education to the maximum number of theory hours designated for each course type.

(q) [(r)] Only a permitted barber school, barbershop, mini-barbershop, dual shop, mini-dual shop, mobile shop, or manicurist specialty shop or a licensed barber may advertise as a "Barber."

(r) [(s)] Schools may establish rules of operation and conduct, which may include rules relating to student clothing, that do not conflict with this chapter.

(s) [(t)] A student enrolled in a barber school must wear a clean uniform or smock during school hours.

(t) [(u)] Barber schools are responsible for compliance with the health and safety standards of this chapter.

(u) [(v)] Alterations to the school's floor plan must be in compliance with the requirements of the Act and this chapter.

(v) [(w)] Barber schools shall notify the department in writing of any name change of the school within thirty days of the change.

(w) [(x)] Barber schools shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

(x) [(y)] At least one time per month, barber schools shall submit to the department an electronic record of each student's accrued hours, in a manner and format prescribed by the department. Delayed data submission(s) are permitted only upon department approval, and the department shall determine the period of time for which a school may delay the electronic submission of data on a 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.

(y) [(z)] A school shall maintain and have available for department and/or student inspection the monthly progress report required by Texas Occupations Code, §1601.561(a), documenting the daily attendance record of each student and number of credit hours earned. The school shall maintain the monthly progress report throughout the period of the student's enrollment and for 48 months after the student completes the curriculum, withdraws, or is terminated.

(z) [(aa)] A barber establishment shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.

(aa) [(bb)] A barber school must have at least one instructor for every 25 students on the school's premises.

(bb) [(cc)] A barber school must have at least one instructor for every three student instructors on the school's premises. A student instructor shall concentrate on developing teaching skills and may not be booked with customers.

(cc) [(dd)] A barber school must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum topic and that a licensed instructor is present during the guest presenter's classroom instruction.

(dd) [(ee)] A private barber school or post-secondary barber school may provide barber 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 barber program for purposes of the Act and department rules.

82.80. Fees.

(a) Application Fees:

(1) - (4) (No change.)

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

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

(7) - (14) (No change.)

(b) Renewal Fees:

(1) Class A Barber Certificate--[$60 for certificates expiring before February 1, 2014;] $55 [for certificates expiring on or after February 1, 2014]

(2) Barber Instructor License--[$70 for licenses expiring before February 1, 2014;] $65 [for licenses expiring on or after February 1, 2014]

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

(4) Student Permit--No fee [charge.]

(5) Specialty Certificate of Registration--Hair Weaving[, Hair Braiding]--[$43 for certificates expiring before February 1, 2014;] $30 [for certificates expiring on or after February 1, 2014]

(6) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving[, Hair Braiding]--[$70 for licenses expiring before February 1, 2014;] $65 [for licenses expiring on or after February 1, 2014]

(7) - (9) (No change.)

(10) Booth Rental Permit--No fee [$50 for permits expiring before February 1, 2014. No fee for licenses expiring on or after February 1, 2014.]

(11) - (14) (No change.)

(c) - (j) (No change.)

82.110. Health and Safety Standards--Hair Weaving [and Hair Braiding] Services.

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

(b) - (d) (No change.)

82.120. Technical Requirements--Curricula.

(a) - (j) (No change.)

[(k)] [The curriculum for the hair braiding specialty certificate of registration consists of 35 hours as follows:]

[Figure: 16 TAC §82.120(k)]

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

Figure: 16 TAC §82.120(k)

[(m)] [The curriculum for the hair braiding specialty instructor license consists of 50 hours as follows:]

[Figure: 16 TAC 82.120 (m)]

(l) [(n)] 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 curriculum hours:

(A) a maximum of 75 hours out of the 1,500 hour Class A Barber course;

(B) a maximum of 50 hours out of the 1,000 hour class A Barber course;

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

(D) a maximum of 20 hours for the Barber Technician course;

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

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

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

(H) a maximum of 35 hours for the 750 hour Instructor course;

(I) a maximum of 25 hours for the 500 hour Instructor course; and

(J) a maximum of 15 hours for the Cosmetology Operator to Class A Barber course.

(3) Students must be under the supervision of 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State, on September 4, 2015.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation