Title OC, Occupations Code

Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY DEPARTMENT OF LICENSING AND REGULATION. The department shall administer this chapter. This chapter does not limit the department's or commission's general powers under Chapter 51. Added by Acts 2005, 79th Leg., Ch. 798 (S.…

Sec. 1603.051. ADVISORY BOARD; MEMBERSHIP. The Barbering and Cosmetology Advisory Board consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows: (1) four members who each hold an individual practitioner license und…

Sec. 1603.052. DUTIES OF ADVISORY BOARD. (a) The advisory board shall advise the commission and the 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 cosmetolog…

Sec. 1603.053. TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms. (b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term. Added …

Sec. 1603.054. PRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as the presiding officer of the advisory board for a term of two years. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.04, eff. Sep…

Sec. 1603.101. RULES. The commission shall adopt rules consistent with this chapter for the administration of this chapter and the operations of the department in regulating barbering and cosmetology. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1,…

Sec. 1603.102. SANITATION RULES. The commission shall establish sanitation rules to prevent the spread of an infectious or contagious disease. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.

Sec. 1603.103. INSPECTION OF SCHOOLS BEFORE OPERATION. (a) Until the department determines, by inspection, that the person has established the school in compliance with this chapter, a person may not operate a school licensed under this chapter. (b) A school that is not approved …

Sec. 1603.104. INSPECTIONS. (a) The department may enter and inspect at any time during business hours: (1) the place of business of any person regulated under this chapter; or (2) any place in which the department has reasonable cause to believe that a license or permit holder i…

Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The department may contract with a person to perform for the department inspections of a school or establishment. Added by Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 17, eff. June 15, 2007. Amended by: Acts 2021, 87th L…

Sec. 1603.105. RETENTION OF STUDENT RECORDS. The department may not retain student records, including student transcripts, beyond the time required by state law. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.

Sec. 1603.106. CERTAIN BUILDING AND FACILITY STANDARDS PROHIBITED. The commission may not establish building or facility standards for a school that are not related to health and safety, including a requirement that a building or facility of the school have a specific: (1) square…

Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION AND PARTICIPATION. The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing co…

Sec. 1603.152. COMPLAINT JURISDICTION; NOTIFICATION. If the department determines that it lacks jurisdiction to resolve the complaint, the department shall notify the complainant in writing that the department is closing the complaint because it lacks jurisdiction. Added by Acts …

Sec. 1603.154. INFORMAL SETTLEMENT CONFERENCE. The department shall establish guidelines for an informal settlement conference related to a complaint filed with the department. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005. SUBCHAPTER E. GEN…

Sec. 1603.2001. RULES FOR ISSUANCE OF LICENSE OR PERMIT. (a) The commission by rule shall establish requirements for the issuance of: (1) a license for an individual practitioner, establishment, or school; and (2) a student permit. (b) Requirements established by the commission u…

Sec. 1603.201. APPLICATION FORM. An application for a license or permit under this chapter must be made on a form prescribed by the department. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005. Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H…

Sec. 1603.202. DUPLICATE LICENSE OR PERMIT. The department shall issue a duplicate license or permit to an applicant who: (1) submits an application for a duplicate license or permit to the department; and (2) pays the required fee. Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 41…

Sec. 1603.2025. TEMPORARY LICENSE. (a) The department may issue a temporary license. (b) The commission by rule may establish requirements for the issuance of a temporary license. (c) A temporary license expires on the 60th day after the date the license is issued. A temporary li…

Sec. 1603.203. PROVISIONAL LICENSE. (a) The department may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who: (1) has been licensed in good standing in the profession for which the person seeks the lic…

Sec. 1603.204. SUBSTANTIALLY EQUIVALENT LICENSE. (a) A person who holds a license to practice barbering or cosmetology from another state or country that has standards or work experience requirements that are substantially equivalent to the requirements of this chapter may apply …

Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES. (a) In this section: (1) "Digital network" means 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 servi…

Sec. 1603.209. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A person holding a license or permit issued under Subchapter E-1 may not perform any practice of barbering or cosmetology if the person knows the person is suffering from an infectious or contagious disease for which the pers…

Sec. 1603.2101. INDIVIDUAL PRACTITIONER LICENSE OR STUDENT PERMIT REQUIRED; USE OF CERTAIN TERMS WITHOUT LICENSE PROHIBITED. (a) A person may not perform or offer or attempt to perform any act of barbering or cosmetology unless the person holds a license or permit issued under th…

Sec. 1603.2102. ISSUANCE OF INDIVIDUAL PRACTITIONER LICENSE. The department shall issue an individual practitioner license to an applicant who: (1) meets the applicable eligibility requirements; (2) passes the applicable examination; (3) pays the required fee; (4) has not committ…

Sec. 1603.2103. INDIVIDUAL PRACTITIONER LICENSES. (a) A person holding: (1) a Class A barber license may perform any barbering service; (2) a cosmetology operator license may perform any cosmetology service; (3) a manicurist license may perform any service described by Section 16…

Sec. 1603.2104. WAIVER OF CERTAIN LICENSE REQUIREMENTS. (a) The department may waive any requirement for a license issued under this subchapter for an applicant holding a license from another jurisdiction that has license requirements substantially equivalent to those of this sta…

Sec. 1603.2105. STUDENT PERMIT. (a) A student enrolled in a school licensed under Subchapter E-3 must hold a permit stating the student's name and the name of the school. (b) The department shall issue a student permit to an applicant who submits an application to the department …

Sec. 1603.2106. TRANSFER OF LICENSE OR PERMIT PROHIBITED. A license or permit issued under this subchapter is not transferable. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.20, eff. September 1, 2021.

Sec. 1603.2107. DISPLAY OF LICENSE OR PERMIT. (a) The holder of a license issued under this subchapter shall: (1) display the original license and an attached photograph of the license holder in a conspicuous place near the license holder's work chair in the establishment in whic…

Sec. 1603.2108. LOCATION OF PRACTICE. A person holding a license or permit issued under this subchapter may practice barbering or cosmetology only at a licensed establishment or school. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.20, eff. September 1, 2021.

Sec. 1603.2109. SERVICE AT UNLICENSED LOCATION. (a) In this section, "licensed facility" means: (1) an establishment licensed under Subchapter E-2; or (2) a school licensed under Subchapter E-3. (b) A person holding a license under this subchapter may perform a service within the…

Sec. 1603.2201. LICENSE REQUIRED. (a) A person may not own, operate, or manage an establishment in which an act of barbering or cosmetology is practiced unless the person holds a license issued under this subchapter to operate the establishment. (b) A person may not lease space o…

Sec. 1603.2202. ISSUANCE OF LICENSE. The department shall issue the applicable establishment license under this subchapter to an applicant if: (1) the applicant: (A) owns or rents the establishment; (B) verifies the application; (C) complies with the application requirements of t…

Sec. 1603.2203. ESTABLISHMENT LICENSES. (a) An establishment licensed as: (1) an establishment may provide any barbering or cosmetology service; (2) a manicurist specialty establishment may provide any service described by Section 1603.0011(a)(7) or (8); (3) an esthetician specia…

Sec. 1603.2204. TRANSFER OF LICENSE PROHIBITED. A license issued under this subchapter is not transferable. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.20, eff. September 1, 2021.

Sec. 1603.2205. USE OF ESTABLISHMENT AS SLEEPING QUARTERS PROHIBITED. (a) An owner or manager of a licensed establishment may not permit a person to sleep in a room used as part of the establishment. (b) A person may not perform an act for which a license is required in a room in…

Sec. 1603.2301. LICENSE REQUIRED. A person may not operate a school for instruction in the practice of barbering or cosmetology unless the person holds a license issued under this subchapter to operate the school. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.2…

Sec. 1603.2302. ISSUANCE OF LICENSE. The department shall issue a license under this subchapter to an applicant who, as applicable: (1) submits an application on a form prescribed by the department; (2) pays the required fee; (3) provides to the department adequate proof of finan…

Sec. 1603.2303. SCHOOL LICENSES; INSTRUCTORS; ENFORCEMENT. (a) The holder of a public secondary school license, public postsecondary school license, or private postsecondary school license: (1) may provide instruction in the barbering or cosmetology services for which the license…

Sec. 1603.2304. CHANGE OF SCHOOL OWNERSHIP OR LOCATION. (a) If a licensed school changes ownership: (1) the outgoing owner shall notify the department of the change not later than the 10th day before the date the change takes effect; and (2) the new owner shall obtain a license u…

Sec. 1603.2305. SIGNS REQUIRED. The holder of a school license shall place a sign on the front outside portion of the school's building in a prominent place that reads "SCHOOL--STUDENT PRACTITIONERS" in: (1) at least 10-inch block letters; or (2) a manner prescribed by the depart…

Sec. 1603.2306. INFORMATION PROVIDED TO PROSPECTIVE STUDENT. The holder of a school license shall provide to each prospective student, as applicable: (1) a course outline; (2) a schedule of the tuition and other fees assessed; (3) the school's refund policy required under Section…

Sec. 1603.2307. COURSE LENGTH AND CURRICULUM CONTENT. (a) A school shall design course length and curriculum content to reasonably ensure that a student develops the job skills and knowledge necessary for employment. (b) A school must submit to the department for approval the cou…

Sec. 1603.2308. REQUIRED COURSES. (a) A school shall instruct students in the theory and practice of subjects necessary and beneficial to the practice of barbering and cosmetology. (b) The commission by rule shall establish the subjects in which students shall receive instruction…

Sec. 1603.2309. DAILY ATTENDANCE RECORDS. (a) A school shall maintain an attendance record showing the students' daily attendance. (b) The department may inspect a school's attendance records at any time. Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.20, eff. S…