Bill Text: TX SR856 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction on HB 2847.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-05-26 - Reported enrolled [SR856 Detail]
Download: Texas-2019-SR856-Enrolled.html
By: Hancock | S.R. No. 856 |
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BE IT RESOLVED by the Senate of the State of Texas, 86th | ||
Legislature, Regular Session, 2019, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Bill 2847 (the licensing and regulation of certain | ||
occupations, activities, and agreements; providing a civil | ||
penalty; authorizing fees; requiring an occupational | ||
registration and an occupational license) to consider and take | ||
action on the following matter: | ||
Senate Rule 12.03(4) is suspended to permit the committee | ||
to add text on a matter not included in either the house or senate | ||
version of the bill by adding SECTION 14.007 to the bill, adding | ||
Section 1603.208, Occupations Code, to read as follows: | ||
SECTION 14.007. 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. | ||
Explanation: The addition is necessary to regulate | ||
companies that prearrange barbering and cosmetology services | ||
outside of certain facilities. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 26, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |