Bill Text: TX SB1394 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the regulation of companies that prearrange barbering and cosmetology services outside of certain facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1394 Detail]
Download: Texas-2019-SB1394-Comm_Sub.html
| By: Seliger | S.B. No. 1394 | |
| (Goldman) | ||
|
|
||
|
|
||
| relating to the regulation of companies that prearrange barbering | ||
| and cosmetology services outside of certain facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 1603, Occupations Code, is | ||
| amended by adding Section 1603.208 to read as follows: | ||
| 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 service. | ||
| (2) "Digitally prearranged remote service" means a | ||
| barbering or cosmetology service performed for compensation by a | ||
| person holding a license, certificate of registration, or permit | ||
| under Chapter 1601 or 1602 or this chapter that is: | ||
| (A) prearranged through a digital network; and | ||
| (B) performed at a location other than a place of | ||
| business that is licensed or permitted under Chapter 1601 or 1602 or | ||
| this chapter. | ||
| (3) "Remote service business" means a corporation, | ||
| partnership, sole proprietorship, or other entity that, for | ||
| compensation, enables a client to schedule a digitally prearranged | ||
| remote service with a person holding a license, certificate of | ||
| registration, or permit under Chapter 1601 or 1602 or this chapter. | ||
| (b) The commission shall adopt rules to administer this | ||
| section, including rules that: | ||
| (1) set minimum standards for: | ||
| (A) the operation of a remote service business; | ||
| and | ||
| (B) the sanitation requirements for performing a | ||
| digitally prearranged remote service; | ||
| (2) determine activities within the scope of barbering | ||
| and cosmetology that may be performed as a digitally prearranged | ||
| remote service; and | ||
| (3) establish procedures for inspecting and auditing | ||
| the records of a remote service business and of a person who | ||
| performs a digitally prearranged remote service. | ||
| (c) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407 | ||
| do not apply to a digitally prearranged remote service scheduled | ||
| through a remote service business. | ||
| (d) A person who holds a license, certificate of | ||
| registration, or permit to practice barbering or cosmetology and | ||
| who performs a digitally prearranged remote service shall: | ||
| (1) comply with this section and the rules adopted | ||
| under this section; and | ||
| (2) practice within the scope of the person's license, | ||
| certificate of registration, or permit. | ||
| (e) A remote service business may not offer a barbering or | ||
| cosmetology service that requires treating or removing a person's | ||
| hair by: | ||
| (1) coloring; | ||
| (2) processing; | ||
| (3) bleaching; | ||
| (4) dyeing; | ||
| (5) tinting; or | ||
| (6) using a cosmetic preparation. | ||
| (f) Before a person licensed, registered, or permitted to | ||
| practice barbering or cosmetology performs a digitally prearranged | ||
| remote service for a client requesting the service, a remote | ||
| service business shall provide through the entity's digital | ||
| network: | ||
| (1) the following information regarding the person who | ||
| will perform the service: | ||
| (A) the person's first and last name; | ||
| (B) the number of the person's license, | ||
| certificate of registration, or permit, as applicable; and | ||
| (C) a photograph of the person; | ||
| (2) the following information regarding the business: | ||
| (A) Internet website address; and | ||
| (B) telephone number; and | ||
| (3) the department's Internet website address and | ||
| telephone number and notice that the client may contact the | ||
| department to file a complaint against the business or person. | ||
| (g) Within a reasonable time after completion of a digitally | ||
| prearranged remote service, the remote service business shall issue | ||
| to the client who requested the service a receipt that includes: | ||
| (1) the date the service was provided; | ||
| (2) a description of the service; | ||
| (3) the first and last name of the person who performed | ||
| the service; | ||
| (4) the number of the person's license, certificate of | ||
| registration, or permit, as applicable; | ||
| (5) the following information regarding the business: | ||
| (A) Internet website address; and | ||
| (B) telephone number; and | ||
| (6) the department's Internet website address and | ||
| telephone number and notice that the client may contact the | ||
| department to file a complaint against the business or person. | ||
| (h) A remote service business shall maintain each record | ||
| showing compliance with this section and the rules adopted under | ||
| this section until at least the fifth anniversary of the date the | ||
| record was generated. | ||
| (i) A remote service business shall terminate a person's | ||
| access to the business's digital network if the business or | ||
| department determines the person violated: | ||
| (1) this chapter; | ||
| (2) a rule adopted under this chapter; | ||
| (3) Chapter 1601 or 1602; or | ||
| (4) a rule adopted under Chapter 1601 or 1602. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the Texas Commission of Licensing and Regulation shall | ||
| adopt the rules necessary to implement Section 1603.208, | ||
| Occupations Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
