By: Hernandez H.B. No. 2739       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of barber schools, private beauty   culture schools, and other facilities used to teach or perform the   practice of barbering or cosmetology.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1601.353, Occupations Code, is amended   to read as follows:          Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT. (a) The   department may approve an application for a permit for a barber   school that offers instruction to persons seeking a certificate   under Section 1601.253 if the school:                (1)  is located in:                      (A)  a municipality with a population of more than   50,000 that has a building of permanent construction containing at   least 2,000 square feet of floor space, including classroom and   practical areas, covered in a hard-surface floor-covering of tile   or other suitable material; or                      (B)  a municipality with a population of 50,000 or   less or an unincorporated area of a county that has a building of   permanent construction containing at least 1,000 square feet of   floor space, including classroom and practical areas, covered in a   hard-surface floor-covering of tile or other suitable material;                (2)  has the following equipment:                      (A)  at least 10 student workstations that include   a chair that reclines, a back bar, and a wall mirror;                      (B)  a sink behind every two workstations;                      (C)  adequate lighting for each room;                      (D)  at least 10 classroom chairs and other   materials necessary to teach the required subjects; and                      (E)  access to permanent restrooms and adequate   drinking fountain facilities; and                (3)  meets any other requirement set by the commission.          (b)  The department may approve an application for a permit   for a barber school that offers instruction to persons seeking a   certificate, license, or permit under this chapter, other than a   certificate under Section 1601.253, if the school:                (1)  has adequate space, equipment, and instructional   material, as determined by the commission, to provide quality   classroom training; and                (2)  meets any other requirement set by the commission.          (c)  A barber school that satisfies the requirements of   Subsection (a) may offer instruction in barbering to persons   seeking any certificate, license, or permit under this chapter.          (d)  Instruction received at a barber school subject to   Subsection (b) may not be used to satisfy the requirements to obtain   a Class A barber certificate under Section 1601.253.          SECTION 2.  Section 1602.303, Occupations Code, is amended   to read as follows:          Sec. 1602.303.  PRIVATE BEAUTY CULTURE SCHOOL LICENSE.   (a)  [A person holding a private beauty culture school license may   maintain an establishment in which any practice of cosmetology is   taught, including providing an eyelash extension application   training program described by Section 1602.2572.          [(b)]  An application for a private beauty culture school   license to instruct persons seeking a license under Section   1602.254 must be accompanied by the required license fee and   inspection fee and:                (1)  be on a form prescribed by the department;                (2)  be verified by the applicant; and                (3)  contain a statement that the building:                      (A)  is of permanent construction and is divided   into at least two separate areas:                            (i)  one area for instruction in theory; and                            (ii)  one area for clinic work;                      (B)  contains a minimum of:                            (i)  2,800 square feet of floor space if the   building is located in a county with a population of more than   100,000; or                            (ii)  1,800 square feet of floor space if the   building is located in a county with a population of 100,000 or   less;                      (C)  has access to permanent restrooms and   adequate drinking fountain facilities; and                      (D)  contains, or will contain before classes   begin, the equipment established by commission rule as sufficient   to properly instruct a minimum of 10 students.          (b)  An application for a private beauty culture school   license to instruct persons seeking a license or certificate under   this chapter, other than a license under Section 1602.254, must be   accompanied by the required license fee and inspection fee and:                (1)  be on a form prescribed by the department;                (2)  be verified by the applicant;                (3)  contain a statement that the building:                      (A)  is of permanent construction and is divided   into at least two separate areas:                            (i)  one area for instruction in theory; and                            (ii)  one area for clinic work;                      (B)  has adequate space, equipment, and   instructional material, as determined by the commission, to provide   quality classroom training; and                      (C)  has access to permanent restrooms and   adequate drinking fountain facilities; and                (4)  meet   any other requirement set by the commission.          (c)  The applicant is entitled to a private beauty culture   school license if:                (1)  the department determines that the applicant is   financially sound and capable of fulfilling the school's   commitments for training;                (2)  the applicant's facilities pass an inspection   conducted by the department under Section 1603.103; [and]                (3)  the applicant has not committed an act that   constitutes a ground for denial of a license; and                (4)  the applicant meets any other requirement set by   the commission.          (d)  A private beauty culture school that satisfies the   requirements of Subsection (a) may offer instruction in cosmetology   to persons seeking any license or certificate under this chapter.          (e)  Instruction received at a private beauty culture school   subject to Subsection (b) may not be used to satisfy the   requirements to obtain an operator license under Section 1602.254.          SECTION 3.  The heading to Section 1603.104, Occupations   Code, is amended to read as follows:          Sec. 1603.104.  PERIODIC [AND RISK-BASED] INSPECTIONS.          SECTION 4.  Sections 1603.104(c) and (e), Occupations Code,   are repealed.          SECTION 5.  As soon as practicable after the effective date   of this Act, the Texas Commission of Licensing and Regulation shall   adopt rules to implement Sections 1601.353 and 1602.303,   Occupations Code, as amended by this Act.          SECTION 6.  This Act takes effect September 1, 2017.