Part I. Texas Board of Architectural Examiners

Chapter 1. Architects

Subchapter B. Registration

22 TAC §1.27

The Texas Board of Architectural Examiners adopts an amendment to §1.27 concerning Continuance. The amendment to §1.27 is being adopted without changes to the proposed text as published in the February 19, 1999, issue of the Texas Register (24 TexReg 1105) and the text will not be republished.

The amendment is being adopted in order to change the date when notices of annual record maintenance fees must be paid. The expected effect is that record maintenance fees will be paid by the end of each fiscal year.

No comments were received concerning the adoption of the amendment to §1.27.

The amendment is adopted pursuant to Vernon's Texas Civil Statutes, Article 249a, §5(b), which provides the Texas Board of Architectural Examiners with authority to promulgate rules regarding registration to practice architecture in Texas.

This agency hereby certifies that the adoption 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 August 11, 1999.

TRD-9905010

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: August 31, 1999

Proposal publication date: February 19, 1999

For further information, please call: (512) 305-8535

22 TAC §1.83

The Texas Board of Architectural Examiners adopts an amendment to §1.83 concerning Annual Record Maintenance Fees. The amendment to §1.83 is being adopted without changes to the proposed text as published in the February 26, 1999, issue of the Texas Register (24 TexReg 1298) and the text will not be republished.

The amendment is being adopted in order to change the date when notices of annual record maintenance fees will be sent to all approved candidates. The expected effect is that record maintenance fees will be paid by the end of each fiscal year.

No comments were received concerning the adoption of the amendment to §1.83.

The amendment is adopted pursuant to Vernon's Texas Civil Statutes, Article 249a, §5(b), which provides the Texas Board of Architectural Examiners with authority to promulgate rules regarding registration to practice architecture in Texas.

This agency hereby certifies that the adoption 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 August 11, 1999.

TRD-9905009

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: August 31, 1999

Proposal publication date: February 26, 1999

For further information, please call: (512) 305-8535

Chapter 83. Sanitary Rulings

22 TAC §§83.1-83.5, 83.10, 83.13, 83.14, 83.17, 83.22, 83.23, 83.25, 83.29, 83.30

The Texas Cosmetology Commission adopts the amendments to §§83.1-83.5, 83.10, 83.13, 83.14, 83.17, 83.22, 83.23, 83.25, 83.29, 83.30 without changes to the proposed text as published in the June 18, 1999, issue of the Texas Register (24 TexReg 4523) and will not be republished. The amendments are made in accordance with House Bill 1 of the General Appropriations Act, §167.

The adoption of these amendments is to remove repetition and for easier comprehension.

No comments were received regarding the adoption of the amendments.

These amendments are adopted in accordance with Article 8451a, V.T.C.S., which provides the commission with the authority to "issue rules consistent with this Act after a public hearing", to protect the public's health and safety.

Article 8451a, V.T.C.S., is affected by these adopted sections.

This agency hereby certifies that the adoption 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 August 3, 1999.

TRD-9904771

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Effective date: October 15, 1999

Proposal publication date: June 18, 1999

For further information, please call: (512) 454-4675

22 TAC §§83.15, 83.16, 83.18

The Texas Cosmetology Commission adopts the repeal of §83.15, concerning disinfecting facial implements, §83.16, concerning disinfecting manicure instruments, and §83.18, concerning sanitation requirements for independent contractors as proposed and published in the June 18, 1999, issue of the Texas Register (24 TexReg 4526).

The repeals are adopted as a result of a comprehensive review of all the commission's rules in accordance with House Bill 1, §167.

The repeal of these sections is to remove repetition.

No comments were received regarding the adopted repeals of these rules.

The adopted repeals are in accordance with House Bill 1, §167.

Article 8451a, Vernon's Texas Civil Statutes, is affected by these adopted repeals.

This agency hereby certifies that the adoption 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 August 3, 1999.

TRD-9904770

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Effective date: October 15, 1999

Proposal publication date: June 18, 1999

For further information, please call: (512) 454-4675

22 TAC §§89.24, 89.29, 89.39, 89.54

The Texas Cosmetology Commission adopts the amendments to §§89.24, 89.29, 89.39, 89.54. The amendments to §89.29 as proposed and published in the February 19, 1999, issue of the Texas Register (24 TexReg 1105) and §89.39 as proposed and published in the June 18, 1999, issue of the Texas Register (24 TexReg 4526) are adopted without changes. Therefore, the proposed text will not be republished. Sections 89.24 and 89.54 are adopted with changes to the proposed text as published in the February 19, 1999, issue of the Texas Register (24 TexReg 1105) and will be republished.

The adoption of these sections is a result of a comprehensive review of all the commission's rules in accordance with House Bill (HB) 1, §167.

The amended rules are adopted to give all licensees and students guidelines for compliance.

COMMENTS:

One comment was received regarding §89.54. The “commentor” was in opposition to the precise amount of square footage.

RESPONSE:

The Commission amended the rule to allow for "minimum" square footage.

No other comments were received regarding the adoption of the remaining amendments.

The amendments are adopted in accordance with HB 1, §167.

Article 8451a, Vernon's Texas Civil Statutes, is affected by these adopted amendments.

§89.24. General Provisions Regarding Transfer of Hours.

(a)

A student desiring to transfer from one school to another must withdraw from the first school prior to the transfer.

(b)

A student transferring to a school who desires to claim hours and practical applications earned must inform the school transferred to prior to enrollment of his/her prior attendance and must furnish to that school and the executive director a record of hours claimed and practical applications completed. This record may be in the form of a transcript from the prior school or an extract from records of the commission.

(c)

No school may graduate any student until all previously accrued hours, upon re-entry to that school or transferring from another school, have been reported on any monthly hour report, but in any event, no later than the month prior to graduation.

§89.54. Independent Contractor/Booth Rental License.

(a)

Before an independent contractor may practice, he/she must make application and obtain a booth rental salon license, the current T.C.C. Rules and Regulations book, and have a minimum area of 30 sq. ft. clearly defined, not including the common area, that is his/her responsibility as far as sanitation is concerned.

(1)

Independent contractor in a cosmetology salon requirements:

(A)

one work station;

(B)

one styling chair;

(C)

one wet disinfectant soaking container;

(D)

one dry storage container for disinfected implements;

(E)

covered trash container.

(2)

Independent contractor in a facial salon:

(A)

one facial couch or facial chair;

(B)

one wet disinfectant soaking container;

(C)

one dry storage container for disinfected implements;

(D)

one mirror, wall hung, or one hand held mirror;

(E)

covered trash can.

(3)

Independent contractor in a manicure salon:

(A)

one manicure table with light;

(B)

one manicure stool;

(C)

one professional type chair;

(D)

one wet disinfectant soaking container;

(E)

one dry storage container for disinfected implements;

(F)

covered trash can.

(b)

Applicant must comply with all state and federal guidelines for independent contractors.

(c)

An independent contractor may do any service in a licensed beauty salon, or specialties in a licensed specialty salon, provided they are properly licensed.

(d)

The original and renewal Booth Rental license fee shall be $55 and shall be valid for two years from date of issue. If a booth rental license is delinquent for less than 30 days, the delinquency fee shall be $10, over 30 days the delinquency fee shall be $35.

(e)

An independent contractor practicing cosmetology in more than one location must exhibit an original booth rental license or a duplicate issued by T.C.C. at each location.

(f)

An independent contractor must post in a location visible at all times the following information. It must be posted on the outside of the booth or the door where it can be read by visitors or prospective clients:

(1)

operator's name;

(2)

operator's license number;

(3)

hours of business.

(g)

the lessor to an independent contractor must maintain a list of all renters that includes:

(1)

name of renter;

(2)

cosmetology license number of the renter;

(3)

hours of business of the renter.

(h)

The lessor must supply the inspector with a list of renters upon request. Failure to provide the list can result in a violation of such significance to require a hearing.

This agency hereby certifies that the adoption 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 August 3, 1999.

TRD-9904769

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Effective date: October 15, 1999

Proposal publication date(s): February, 19, 1999 and June 18, 1999

For further information, please call: (512) 454-4675