Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter P. TEXAS UNIVERSAL SERVICE FUND
16 TAC §26.420
The Public Utility Commission of Texas (commission) proposes
an amendment to §26.420(f), relating to Assessments for the TUSF. The
proposed amended rule will revise the existing rule to reflect the current
assessment methodology adopted by the commission in Docket Number 21208 (see
Docket Number 21208, Order Regarding TUSF Assessment of Intrastate Telecommunications
Services Receipts, July 29, 2004). The Order in Docket Number 21208 was adopted
in response to the decision of the United States Court of Appeals for the
Fifth Circuit in
AT&T Corp. v. Public Utility
Commission of Texas
, 373 F. 3d 641 (5th Cir. 2004) (
AT&T Decision
). Project Number 28708 is assigned to this proceeding.
Rosemary McMahill, Sr. Policy Analyst, Communications Industry Oversight
Division, and Jim Tourtelott, Staff Attorney, Telecommunications Legal Section,
have determined that, for each year of the first five-year period the proposed
section is in effect, there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Ms. McMahill and Mr. Tourtelott have determined that, for each year of
the first five years the proposed section is in effect, the public benefit
anticipated as a result of enforcing this section will be the ability of the
commission to ensure that providers are complying with the TUSF assessment
mechanism and the
AT&T Decision
. There
will be no adverse economic effect on small businesses or micro-businesses
as a result of enforcing this section. There is some anticipated economic
cost to persons who are required to comply with the section as proposed, but
the public benefit of ensuring that providers are complying with the TUSF
assessment mechanism should outweigh those costs.
Ms. McMahill and Mr. Tourtelott have also determined that for each year
of the first five years the proposed section is in effect there should be
no effect on a local economy, and therefore no local employment impact statement
is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
Comments on the proposed section may be submitted to the Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326, within 30 days after publication. Sixteen copies
of comments to the proposed amendment are required to be filed pursuant to §22.71(c)
of this title. Reply comments may be submitted within 45 days after publication.
Comments should be organized in a manner consistent with the organization
of the proposed rule. All comments should refer to Project Number 28708.
This amended section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2005) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction; and specifically, PURA §56.023, which requires the
commission to adopt procedures to fund the TUSF.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002,
and §56.023.
§26.420.Administration of Texas Universal Service Fund (TUSF).
(a) - (e)
(No change.)
(f)
Assessments for the TUSF.
(1)
Providers subject to assessments. The TUSF assessments
shall be payable by all telecommunications providers having access to the
customer base; including but not limited to wireline and wireless providers
of telecommunications services.
(2)
Definitions. For the purposes of
this section the following definitions apply:
(A)
Actual intrastate telecommunications services
receipts--Telecommunications services receipts that are clearly identifiable
as intrastate telecommunications services receipts, as defined in subparagraph
(E) of this paragraph.
(B)
FCC--means the Federal Communications Commission.
(C)
Interstate communications--Has the meaning assigned
by 47 U.S.C. §153(22).
(D)
International communications--Has the meaning
assigned by 47 U.S.C. §153(17) (foreign communications).
(E)
Intrastate telecommunications services receipts--Taxable
telecommunications services receipts as reported by the telecommunications
provider under Chapter 151 of the Texas Tax Code, with the exception of:
(i)
Pay telephone service revenues received by providers
of pay telephone services, which are exempt from the TUSF assessment pursuant
to PURA §56.022(c)(2);
(ii)
Telecommunications services receipts from interstate
communications and international communications included in telecommunications
services receipts reported under Chapter 151 of the Texas Tax Code; and
(iii)
TUSF surcharges collected from customers.
(F)
Receipts--Has the meaning assigned by Texas
Tax Code §151.007.
(G)
Safe-Harbor intrastate telecommunications services
receipts--Means intrastate telecommunications receipts calculated by applying
a commission-ordered percentage to telecommunications services receipts that
are not clearly identifiable as intrastate.
(H)
Telecommunications provider--Has the meaning
assigned by PURA §51.002(10).
(I)
Telecommunications services--Has the meaning
assigned by Texas Tax Code §151.0103.
(3)
[
(A)
Actuals. Effective January 1, 2007, assessments
[
(B)
Commission-Ordered Safe Harbor. A telecommunications
provider that is unable to calculate actual intrastate telecommunications
services receipts by January 1, 2007, and does not meet the
de minimus
exemption in subparagraph (C) of this paragraph, may request,
and the commission may grant for good cause, the modification or waiver of
the requirement set forth in subparagraph (A) of this paragraph, to allow
the telecommunications provider to calculate all or some of its intrastate
taxable telecommunications receipts using the relevant commission-ordered
safe-harbor percentage. Requests for waiver will be subject to administrative
review unless the presiding officer determines at any point during the review
that the request should be docketed. The presiding officer will issue an order
approving, denying or docketing the request for waiver within 180 calendar
days of the filing date of the waiver request.
(i)
A request for waiver must contain, at a minimum:
(I)
an affidavit from a corporate officer of the
telecommunications provider attesting to the fact that the telecommunications
provider is unable to calculate all or some of its actual intrastate telecommunications
services receipts and, if applicable, that the telecommunications provider
is using a safe harbor authorized by the FCC;
(II)
a date by which the telecommunications provider
will be able to calculate actual intrastate telecommunications services receipts;
(III)
an explanation detailing why the telecommunications
provider is unable to calculate actual intrastate telecommunications services
receipts and why a waiver is necessary;
(IV)
a detailed description of the safe-harbor percentage
that is requested and how it will be applied;
(V)
if applicable, a compliance tariff filing pursuant
to paragraph (6)(C) of this subsection; and
(VI)
any other information that the telecommunications
provider believes will aid in rendering of a decision.
(ii)
If a telecommunications provider requests a
permanent waiver from reporting its TUSF assessment based on actual intrastate
telecommunications services receipts, then the telecommunications provider
must file a waiver containing all elements in clause (i) of this subparagraph,
as well as an explanation detailing why a permanent waiver is required, and
why it is in the public interest.
(iii)
A telecommunications provider that has been
granted a waiver shall apply, for the duration of that waiver, a safe-harbor
percentage to its telecommunications services receipts using one of the methods
described in subclauses (I) or (II) of this clause as follows:
(I)
If a telecommunications provider is reporting
interstate communications and international communications revenues for assessment
for the federal universal service fund based on an FCC safe-harbor percentage,
then the telecommunications provider shall apply the inverse of that percentage
to its telecommunications services receipts as reported under Chapter 151
of the Texas Tax Code. The resulting total will be the telecommunications
provider's safe-harbor-calculated total intrastate telecommunications services
receipts to which the TUSF assessment rate shall apply pursuant to paragraph
(4) of this subsection.
(II)
If a telecommunications provider is not using
an FCC safe-harbor percentage, the telecommunications provider shall apply
a commission-ordered safe harbor percentage to its telecommunications services
receipts under Chapter 151 of the Texas Tax Code as described in its waiver
request approved by the commission. The resulting total will be the telecommunications
provider's safe-harbor-calculated intrastate telecommunications services receipts
to which the TUSF assessment rate shall apply pursuant to paragraph (4) of
this subsection.
(iv)
If a telecommunications provider that has been
granted a waiver seeks to change its safe-harbor assessment methodology, or
seeks an extension of its existing waiver, it must file another waiver request
with the commission.
(v)
A telecommunications provider may, at any time
during the duration of its waiver and upon notice to the commission and the
TUSF administrator, change its methodology to assess actual intrastate telecommunications
services receipts. This will terminate any existing waiver.
[(B)
Pay telephone service revenues received
by providers of pay telephone services are exempt from the TUSF assessment
pursuant to the Public Utility Regulatory Act §56.022(c)(2).]
(C)
De minimus
exemption.
A telecommunications provider that is unable to calculate actual intrastate
telecommunications services receipts by January 1, 2007, and whose TUSF assessment
is less than $500 per month using the relevant commission-ordered safe-harbor
percentage, is not required to file a waiver request pursuant to subparagraph
(B) of this paragraph.
(D)
[
(4)
[
[
[
(5)
[
(6)
[
(A)
Retail customers' bills. In the event a telecommunications
provider chooses to recover its TUSF assessment through a surcharge added
to its retail customers' bills
:
[
(i)
the surcharge must be listed on the retail customers' bills
as "Texas Universal Service"; and
(ii)
the surcharge must be assessed as a percentage of
intrastate telecommunications services receipts on
every retail customers'
bill, except Lifeline
and/or
[
(B)
Commission approval of surcharge mechanism. An ILEC choosing
to recover the TUSF assessment through a surcharge on its retail customers'
bills must file for commission approval of the surcharge mechanism.
(C)
Tariff
and/or price sheet
changes. A
certificated
telecommunications
utility
[
(D)
Recovery period. A single universal service fund surcharge
shall not recover more than one month of assessments.
(7)
[
(g) - (j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 30, 2006.
TRD-200601922
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 14, 2006
For further information, please call: (512) 936-7223
Chapter 82.
BARBERS
The Texas Department of Licensing and Regulation ("Department") proposes
amendments to existing rules at 16 Texas Administrative Code, §§82.10,
82.20, 82.21, 82.26, 82.50, 82.51, 82.53, 82.70, 82.71, 82.72, 82.73, 82.80,
82.100, 82.101, 82.102, 82.104, 82.106, 82.107, 82.108, 82.114, and 82.120,
regarding the barber program. The Department also proposes a new rule at 16
Texas Administrative Code, §82.74 and the repeal of a rule at 16 Texas
Administrative Code, §82.32 regarding the barber program.
These proposed new, amended, and repealed rules are necessary to implement
provisions of Senate Bill 411, 79th Legislature, Regular Session. Senate Bill
411 abolished the Texas State Board of Barber Examiners and transferred the
licensing and regulation of barbering to the Department. These proposed rules
are part of a third phase of rulemaking to implement the transfer of the barber
program to the Department. The first and second phases of Department rules
concerning the barber program became effective on December 8, 2005 and March
1, 2006, respectively. This phase of proposed rule changes reorganizes provisions
for greater clarity and readability, simplifies definitions, and updates rule
requirements, particularly reporting requirements for barber schools and curriculum
requirements for obtaining barber licenses.
The headings of §§82.20, 82.26, 82.70, and 82.71 are amended
for greater consistency.
Section 82.10 is amended to update definitions for better clarity and to
conform to current law. In the definition of "beard" the phrase has been deleted
that a beard shall only be trimmed, shaped or cut by a licensed barber. One
reason for this change is that this part of the definition is no longer consistent
with the definition of "cosmetology" in Texas Occupations Code, §1602.002,
which allows a licensed cosmetologist to treat a person's beard or mustache
by arranging, beautifying, coloring, processing, styling, or trimming. However,
a cosmetologist may not shave a beard or mustache. Another reason for the
change is that a definition is not the appropriate place to state a substantive
prohibition on conduct.
Section 82.10 is also amended to add the word "horizontal" to the definition
of "line of demarcation between 'the hair' and 'the beard'" for clarity. The
definition of "sideburn" is reworded for clarity. In addition, the sentence
stating that only a licensed barber shall trim, shape or cut the sideburns
with any type of razor is deleted. This portion of the definition appears
to be inconsistent with the statutory definition of "cosmetology," which allows
a licensed cosmetologist to trim, shape or cut hair and mustaches or beards.
The statutory definitions of "cosmetology" and "barbering" already prescribe
that only a barber, and not a cosmetologist, may for compensation shave a
person's beard or mustache.
Section 82.21(b) is amended to delete the word "teacher" because this provision
does not in fact apply to a barber teacher. The teacher curriculum is only
1,000 hours, so a teacher cannot take advantage of the early examination provision.
Subsection (f) is amended to add that the Department may require parental
approval for practical examination models under 18 years of age. This provision
is necessary because the minimum age of a model was lowered to 16 in a previous
rulemaking. The Department needs the ability to ensure that a minor has parental
consent to participate in a Department examination as a model. Subsection
(i) is amended to simplify the language of that subsection and delete unnecessary
words.
Section 82.32 is repealed because the substance of that section is being
incorporated into new §82.74.
Section 82.50(b) is amended to clarify that, with the exception of initial
inspections, the Department may conduct inspections of barber establishments
without advance notice.
Section 82.51 is amended to clarify that the inspections referred to are
"initial" inspections that occur before operation of an establishment, when
an establishment relocates, or when a school changes ownership.
A grammatical change is made to §82.53(a).
Section 82.70(a) is amended to add barbershop and manicurist specialty
shop to the list of licensees that may advertise in the yellow pages under
"Barber." In addition, the text of subsection (b) is deleted. No one is required
to take a barber refresher course, and the Department believes that it is
unnecessary to prohibit a barber who is enrolled in a refresher course from
being employed by or serving as the manager or instructor of a school. The
remaining subsections are re-lettered.
New language is added to §82.71(g) to require, for the use of individuals
who work in the shop, that a shop provide at least one sink, wash basin, or
hand sanitizer for every three chairs. This requirement is similar to language
that was in the rules prior to changes in sanitation provisions effective
March 1, 2006. Licensees are required to wash their hands or use a liquid
hand sanitizer in between each client, and the Department believes that it
is necessary also to require shops to have adequate facilities for doing so.
The new language of subsection (h) is identical to provisions in §§82.70
and 82.72, specifying who may advertise in the yellow pages under "Barber."
The new language of subsection (k) requires an establishment to display, in
a conspicuous place clearly visible to the public, a copy of the establishment's
most recent Department inspection report. This requirement is necessary to
keep public patrons of the establishment informed of the establishment's inspection
results. Other changes to the section are minor wording changes for consistency.
Section 82.72 is amended to delete the optional student kit equipment from
subsection (h). The Department believes it is unnecessary to list optional
equipment in the rule, only equipment that is required. Deletion of this language
should not have an effect on current school practices. In subsection (m) minor
technical revisions are made, the obsolete word "photostatic" is deleted,
and the requirement is deleted to submit two photographs of the student with
a student permit application. The photographs are not needed with the application
because the Department requires a government-issued photo identification for
an examinee to gain entrance to an examination, and the proposed amendment
in subsection (n) would require a school to affix the student's photograph
to the student permit. New language in Subsection (n) is relocated from §82.73,
with the modification regarding the school affixing the student's photograph
to the permit. Subsection (o) is new language that requires a barber school
to maintain an album of student permits, rather than the student displaying
the permit at the student's station. Subsection (r) is amended to conform
to provisions in §§82.70 and 82.71 concerning licensee advertising
in the yellow pages under "Barber." Non-substantive revisions are made to
subsections (w) and (x) for consistency in terminology.
New subsection (y) of §82.72 requires a school to submit an electronic
record of each student's accrued hours to the Department no less than once
per 15 days. However, a school may seek the Department's approval for a delay
in electronic submission on a case-by-case basis. In addition, the Department
may approve a school submitting required data in an alternate manner if the
school demonstrates that the electronic reporting requirements would cause
a substantial hardship to the school. Because of a statutory change, schools
no longer submit written, monthly progress reports on student attendance to
the Department. The electronic reporting requirement is necessary so that
the Department can obtain information on students' accrued hours in a timely
and efficient manner. New subsection (z) requires that a school maintain the
monthly progress report of student attendance, which is required to be maintained
by Texas Occupations Code, §1601.561(a), throughout the student's enrollment
and for 48 months after the student completes the curriculum, withdraws, or
is terminated. New subsection (aa) requires an establishment to display, in
a conspicuous place clearly visible to the public, a copy of the establishment's
most recent Department inspection report. This requirement is necessary to
keep public patrons and students of the establishment informed of the establishment's
inspection results.
Section 82.73 is amended to add new language to subsection (a) that a student
shall not engage in dishonesty or misrepresentation relating to a student's
accrued hours. As licensees of the Department, students should be held responsible
for dishonesty related to accruing hours. Other provisions are deleted and
with some modification, relocated to other sections.
For better readability, new §82.74 consolidates, with some modification,
existing rule provisions concerning withdrawal, reentry, or transfer of students.
Subsection (a) requires that a school electronically submit a student's withdrawal
or termination to the Department. The current rule does not require this information
to be submitted electronically. The time frame for the school submitting this
information would be 15 days after the withdrawal or termination of the student,
as opposed to the current seven days.
Section 82.80(b) is amended to eliminate the renewal fee for a student
permit. A student permit expires after two years, so a student who requires
a permit for longer than two years would need to apply for and receive a renewed
permit. However, no fee would be charged for the renewal.
Section 82.100 is amended to remove from definitions the word "hard" from
the phrase "hard, nonporous surfaces." This change is necessary for clarification
because some surfaces that are non-porous and can be disinfected are not hard
surfaces. Additionally, the definition of "disinfectant" is amended to make
the reference to chlorine bleach solution consistent with other references
to chlorine bleach.
Section 82.101(b) is amended to remove language that may be inconsistent
with other references to chlorine bleach.
Section 82.102(c) is amended to clarify that other rules may require that
chairs or dryers be disinfected prior to use for each client. This clarification
is necessary because proposed amendments to other health and safety rules
would require chairs to be disinfected in certain situations. Subsection (l)
is amended to add that towels must be washed in hot water and chlorine bleach.
To protect the health and safety of customers of barber establishments, the
Department believes that the rules need to give direction to licensees on
how towels are to be cleaned.
Section 82.104 is amended to add that facial chairs and beds are to be
disinfected prior to providing service to each client. Based on input the
Department has received concerning sanitation, the Department believes that
a requirement to disinfect facial chairs and beds is needed. Language is also
added that the chair or bed must be made of or covered in a non-porous material
that can be disinfected. This language is necessary to ensure that the chair
or bed is capable of being disinfected.
Section 82.106(d) is amended to clarify that certain implements must be
sterilized, in addition to being cleaned and disinfected, in accordance with
Texas Occupations Code, §§1601.506(e) and 1603.352(a). Corrections
are made to the list of implements.
Section 82.107 is amended to add that electric drill bits used in manicure
and pedicure services must be sterilized. Texas Occupations Code, §§1601.506(e)
and 1603.352(a) require sterilization of all nondisposable instruments used
to perform manicure and pedicure services.
Section 82.108 is amended to add a new subsection (g), which requires that
footspa chairs shall be cleaned and disinfected prior to providing service
to each client. The Department believes that this requirement is necessary
because of the risk of infectious and contagious diseases being transmitted
by footspas. Language is also added that the chair must be made of or covered
in a non-porous material that can be disinfected. This language is necessary
to ensure that the chair is capable of being disinfected.
Section 82.114(b) is amended to clarify that carpet in barber establishments
is not limited to reception areas. Carpet is permitted in all areas except
the specified areas in which floors are required not to be porous or absorbent.
Section 82.120 is amended to update curriculum requirements. Specific time
requirements for full-time and part-time student teachers are deleted as unnecessary.
The Department believes that the requirement to complete the course of instruction
in not less than 26 weeks is sufficient. Wording throughout the rule is simplified
and made more consistent. Hours of credit for school orientation is deleted
and added to other, more substantive, topics. The curriculum for a class A
barber certificate is amended to require eight hours of manicuring, rather
than allowing manicuring to be an optional part of the curriculum. This change
is necessary because, under Texas Occupations Code, Chapter 1601, a class
A barber may perform any act of barbering, including manicuring. Subsection
(j) states that the changes to §82.120 take effect September 1, 2006.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed rules are in effect there will be no cost
to state government and no cost to local government as a result of enforcing
or administering the proposed rules. Although there will be a cost to the
Department to develop electronic school reporting, the Department anticipates
that the cost will be absorbed by current personnel and computer resources,
especially in anticipation of future saved personnel costs. Additionally,
although there may be some minimal loss of revenue to the Department because
of the elimination of the student permit renewal fee, the Department anticipates
a small volume of students who will study a barbering curriculum in excess
of the two-year student permit term.
Mr. Kuntz also has determined that for each year of the first five-year
period the proposed rules are in effect, the public benefit will be effective
health and safety rules, efficient Department operations with electronic reporting,
and rules that are easier to read and understand.
Mr. Kuntz has determined that there will be some economic cost to school
permit holders, including small or micro-business, as a result of complying
with the proposed electronic reporting rules. The Department anticipates that
this cost will not be significant. Permit holders required to comply with
electronic reporting may report by an alternate method approved by the Department
if compliance with the proposed rules causes a substantial hardship.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
16 TAC §§82.10, 82.20, 82.21, 82.26, 82.50, 82.51, 82.53, 82.70 - 82.74, 82.80, 82.100 - 82.102, 82.104, 82.106 - 82.108, 82.114, 82.120
The amendments and new rules are proposed under Texas Occupations
Code, Chapters 51, 1601 and 1603 which authorizes the Department to adopt
rules as necessary to implement these chapters. In particular, the rules implement
provisions of Senate Bill 411, 79th Legislature, Regular Session.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapters 51, 1601 and 1603. No other statutes, articles,
or codes are affected by the proposal.
§82.10.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (4)
(No change.)
(5)
Beard--The beard extends from below the line of demarcation
and includes all facial hair regardless of texture [
(6) - (12)
(No change.)
(13)
Line of Demarcation between "the hair" and "the beard"--The
demarcation boundary between scalp hair ("the hair") and facial hair ("the
beard") is a
horizontal
line drawn from the bottom of the ear.
(14) - (15)
(No change.)
(16)
Sideburn--
Part
[
§82.20. License [
(a)
To be eligible for a Class A Barber Certificate, a Teacher's
Certificate, Barber Technician License, Manicurist License, or Student Permit,
an applicant must:
(1)
submit the application on a Department approved form;
(2)
pass the applicable examination;
(3)
pay the fee required under §82.80; and
(4)
meet other applicable requirements of the Act and this
section.
(b)
Class A Barber Certificate--To be eligible for a Class
A barber certificate, an applicant must meet the eligibility requirements
set forth in Texas Occupations Code §1601.253;
(c)
Teacher's Certificate--To be eligible for a teacher's certificate,
an applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.254;
(d)
Barber Technician License--To be eligible for a Barber
Technician License, an applicant must meet the eligibility requirements set
forth in Texas Occupations Code §1601.256;
(e)
Manicurist License--To be eligible for a Manicurist license,
an applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.257;
(f)
Student Permit--To be eligible for a Student permit, an
applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.260;
(g)
Registered Examination Proctor--To be eligible for an Examination
Proctor registration, an applicant must:
(1)
have held an active teacher's certificate for at least
two of the five years preceding the application;
(2)
hold an active teacher's certificate;
(3)
obtain a certificate of completion from a department approved
training course;
(4)
submit a completed application for initial registration
on a form approved by the department; and
(5)
pay the applicable fee under §82.80.
(h)
A license application is valid for one year from the date
it is filed with the department.
§82.21.License Requirements--Examinations.
(a)
(No change.)
(b)
For a Class A barber [
(c) - (e)
(No change.)
(f)
The examinee shall provide a model, of 16 years of age
or older, on whom to demonstrate the practical work.
The department may
require parental approval for models under 18 years of age.
(g) - (h)
(No change.)
(i)
The department will notify an examinee if the examinee
fails either
the written or practical
[
(j)
(No change.)
§82.26. License [
To renew a license, permit, registration or certificate, an applicant
must:
(1)
continue to meet the requirements for license, permit,
registration or certificate issuance;
(2)
comply with other applicable requirements of the Act or
these rules;
(3)
submit a completed renewal application on a form approved
by the department; and
(4)
pay the applicable fee under §82.80.
§82.50.Inspections--General.
(a)
(No change.)
(b)
Inspections shall be performed during the normal operating
hours of the barber establishments.
Except for initial inspections, the
department may conduct inspections under the Act and this chapter without
advance notice.
(c) - (d)
(No change.)
§82.51.Initial Inspections--Inspection of Barber Establishments Before Operation.
(a)
(No change.)
(b)
The barber establishment owner shall request an
initial
inspection from the department and pay the permit fee required by §82.80.
In order for the department to schedule the
initial
inspection
in a timely manner, the
initial
inspection request and fee should
be submitted to the department no later than forty five (45) calendar days
prior to the opening date of the establishment.
(c)
Upon receipt of the owner's request and the permit fee,
the department shall schedule the
initial
inspection date and notify
the owner.
(d)
Upon completion of the
initial
inspection, the
owner shall be advised in writing of the results. The inspection report will
indicate whether the barber establishment meets or does not meet the minimum
requirements of the Act and this chapter.
(e) - (f)
(No change.)
§82.53.Risk-Based Inspections.
(a)
Risk-based inspections are those required in addition to
periodic inspections required under §82.52, for barber establishments
determined by the department to be a greater risk to public health or safety.
To
[
(b) - (g)
(No change.)
§82.70.Responsibilities of Individuals [
(a)
Only a permitted barber school
, barbershop, or manicurist
specialty shop
or a licensed barber may advertise in the yellow pages
of the telephone directory under "Barber."
(b)
[
[
(c)
[
(d)
[
(e)
[
(f)
[
§82.71.Responsibilities of Barbershops and Manicurist Specialty Shops [
(a) - (f)
(No change.)
(g)
A shop shall provide for the use of individuals who
work in the shop at least one sink, wash basin, or hand sanitizer for every
three chairs or stations.
(h)
Only a permitted barber school, barbershop,
or manicurist specialty shop or a licensed barber may advertise in the yellow
pages of the telephone directory under "Barber."
(i)
A shop is
[
(j)
[
(k)
A barber establishment shall display in
the establishment, in a conspicuous place clearly visible to the public, a
copy of the establishment's most recent inspection report issued by the department.
(l)
[
(m)
[
(n)
[
§82.72.Responsibilities of Barber Schools.
(a) - (g)
(No change.)
(h)
[
[
[
[
[
(i)
[
(1)
for each student in attendance on the practical floor,
enrolled in a manicurist course outlined in §82.120, one complete manicure
table, one complete set of manicuring implements for plain and sculptured
nails, and one textbook with complete instructions;
(2)
an adequate supply of permanent wave rods;
(3)
a minimum of two canvas-type wig blocks;
(4)
two mannequins, one long-haired and one short-haired;
(5)
a minimum of one wig, one hairpiece, and one hairwoven
piece;
(6)
clock;
(7)
bulletin board;
(8)
fire extinguisher with current inspection report;
(9)
teacher's desk in classroom; and
(10)
if providing manicure or pedicure nail services, a department-approved
sterilizer.
(j)
[
(k)
[
(l)
[
(m)
[
(1)
the
[
(2)
proof
[
[
(n)
[
(o)
A barber school shall maintain one album
displaying the student permits, including affixed picture, of all enrolled
students. The permits shall be in alphabetical order. No student may accrue
hours for practical work or theory unless the student's permit is displayed
in accordance with this subsection.
(p)
Each barber school approved by the department shall include
in its instruction the
curricula
[
(q)
No business other than the teaching and practicing of barbering
can be operated on the premises of a barber school, with the exception of
vending machines or retail products directly relating to hair care.
(r)
Only a permitted barber school
, barbershop, or manicurist
specialty shop
or a licensed barber may advertise in the yellow pages
of the telephone directory under "Barber."
(s)
Schools may establish rules of operation and conduct, which
may include rules relating to student clothing, that do not conflict with
this chapter.
(t)
A student enrolled in a barber school must wear a clean
uniform or smock during school hours.
(u)
Barber schools are responsible for compliance with the
health and safety standards of this chapter.
(v)
Alterations to the school's floor plan must be in compliance
with the requirements of the Act and this chapter.
(w)
Barber schools
[
(x)
Barber schools
[
(y)
Barber schools shall submit an electronic
record of each student's accrued hours, in a format prescribed by the department,
no less frequently than one time per 15 days. The initial submission of student
hours shall include all student hours accrued at the school. Delayed data
submission(s) are permitted only upon department approval, and the department
shall determine the period of time for which a school may delay the electronic
submission of data on a case by case basis. Upon department approval, a school
may submit data required under this subsection in an alternate manner and
format as determined by the department, if the school demonstrates that the
requirements of this subsection would cause a substantial hardship to the
school.
(z)
A school shall maintain and have available
for department and/or student inspection the monthly progress report required
by Texas Occupations Code, §1601.561(a), documenting the daily attendance
record of each student and number of credit hours earned. The school shall
maintain the monthly progress report throughout the period of the student's
enrollment and for 48 months after the student completes the curriculum, withdraws,
or is terminated.
(aa)
A barber establishment shall display in
the establishment, in a conspicuous place clearly visible to the public, a
copy of the establishment's most recent inspection report issued by the department.
§82.73.Responsibilities of Students.
(a)
A student shall not engage in any act of dishonesty
or misrepresentation relating to a student's hours accrued under this chapter.
[
(b)
[
[
[
[
[
[
[
[
[
[
(c)
[
§82.74.Responsibilities--Withdrawal, Reentry, or Transfer of Student.
(a)
Withdrawal. Except for a documented leave of absence, schools
shall electronically submit a student's withdrawal or termination to the department
within 15 calendar days after the withdrawal or termination. Except for a
documented leave of absence, a school shall terminate a student who does not
attend a barber curriculum for 60 days.
(b)
Reentry. If a student returns to the same barber school
after interruption, the school shall notify the department in writing, and
a student permit shall be reissued.
(c)
Transfer of student hours between Texas schools. When a
barber school accepts a transfer of a student from another school, the accepting
school shall notify the department of the transfer, on a form prescribed by
the department, and request that the department issue a new student permit
for the transferring student.
(1)
Upon receipt of the accepting school's notification of
transfer, the department shall notify the school at which the student was
formerly enrolled of such transfer.
(2)
Upon receipt of the department's transfer notification,
the manager or owner of the barber school shall, within seven days of receipt
of the department's transfer notification, send to the department the student
permit with the following information written on the permit:
(A)
the last day of the student's attendance;
(B)
the number of credit hours accrued by the student; and
(C)
the manager's or owner's signature.
(d)
Transfer of student hours from out of state.
(1)
A student may transfer to Texas hours of barber training
received from a school of another state by providing the following to the
department:
(A)
an official transcript from the school attended, showing
hours credited;
(B)
a statement from the licensing authority of the other state
showing hours credited; and
(C)
proof of at least a seventh grade education.
(2)
If the student has not completed 1,500 hours in another
state, credit for hours completed will be given when he or she is enrolled
in a Texas barber school and when a student permit is issued.
§82.80.Fees.
(a)
(No change.)
(b)
Renewal Fees:
(1) - (4)
(No change.)
(5)
Student Permit--
No charge
[
(6) - (10)
(No change.)
(c) - (i)
(No change.)
§82.100.Health and Safety Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Chlorine bleach solutions--A chemical used to destroy bacteria
and to disinfect implements and [
(A) - (C)
(No change.)
(2)
(No change.)
(3)
Disinfect or disinfection--The use of chemicals to destroy
pathogens on implements and other [
(4)
Disinfectant--In this chapter, one of the following department-approved
chemicals:
(A)
(No change.)
(B)
a chlorine bleach solution
used in accordance with
this chapter
[
(C)
(No change.)
(5)
EPA-registered bactericidal, fungicidal, and virucidal
disinfectant- When used according to manufacturer's instructions, a chemical
that is a low-level disinfectant used to destroy bacteria and to disinfect
implements and [
(6) - (9)
(No change.)
§82.101.Health and Safety Standards--Department-Approved Disinfectants.
(a)
(No change.)
(b)
Chlorine bleach solutions shall be used as follows:
(1)
(No change.)
(2)
Chlorine bleach solutions shall be mixed daily [
(3) - (6)
(No change.)
(c)
(No change.)
§82.102.Health and Safety Standards--General Requirements.
(a) - (b)
(No change.)
(c)
Multi-use equipment, implements, tools or materials not
addressed in this chapter shall be cleaned and disinfected before use on each
client.
Except as otherwise provided in this chapter, chairs
[
(d) - (k)
(No change.)
(l)
Clean towels shall be used on each client.
Towels must
be washed in hot water and chlorine bleach.
(m) - (o)
(No change.)
§82.104.Health and Safety Standards--Facial Services.
(a) - (b)
(No change.)
(c)
Facial chairs and beds, including headrest for each, shall
be cleaned
and disinfected
prior to providing service to each client.
The chair or bed shall be made of or covered in a non-porous material that
can be disinfected.
(d) - (g)
(No change.)
§82.106.Health and Safety Standards--Manicure and Pedicure Services.
(a) - (c)
(No change.)
(d)
After each client, the following implements shall be cleaned
,
[
(e) - (g)
(No change.)
§82.107.Health and Safety Standards--Electric Drill Bits.
(a) - (b)
(No change.)
(c)
Immediately after cleaning all visible debris, diamond,
carbide, natural and metal bits shall be disinfected by complete immersion
in an appropriate disinfectant between clients
, then sterilized in accordance
with this chapter
.
(d)
(No change.)
§82.108.Health and Safety Standards--Footspas.
(a) - (f)
(No change.)
(g)
Footspa chairs shall be cleaned and disinfected
prior to providing service to each client. The chair shall be made of or covered
in a non-porous material that can be disinfected.
§82.114.Health and Safety Standards--Establishments.
(a)
(No change.)
(b)
All floors in areas where services under the Act are performed,
including restrooms and areas where chemicals are mixed or where water may
splash, must be of a material which is not porous or absorbent and is easily
washable, except that anti-slip applications or plastic floor coverings may
be used for safety reasons. Carpet is permitted in
all other areas
[
(c) - (i)
(No change.)
§82.120.Technical Requirements--Curricula.
(a)
[
[
[
[
[
[
[
[
(b)
[
[
(c)
[
[
(d)
[
[
(e)
[
[
(f)
[
[
(g)
The changes to this section, as adopted
by the commission on June 5, 2006, take effect September 1, 2006.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 3, 2006.
TRD-200601972
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 14, 2006
For further information, please call: (512) 463-6208
16 TAC §82.32
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repealed rules are proposed under Texas Occupations
Code, Chapters 51, 1601 and 1603 which authorizes the Department to adopt
rules as necessary to implement these chapters. In particular, the rules implement
provisions of Senate Bill 411, 79th Legislature, Regular Session.
The statutory provisions affected by the repeal are those set forth in
Texas Occupations Code, Chapters 51, 1601 and 1603. No other statutes, articles,
or codes are affected by the proposal.
§82.32.Transfer of Student Hours from Out of State.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on April 4, 2006.
TRD-200601993
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 14, 2006
For further information, please call: (512) 463-6208
Chapter 402.
CHARITABLE BINGO ADMINISTRATIVE RULES
Subchapter A. ADMINISTRATION
(2)
] Basis for assessments. Assessments
will be based upon the following:
Assessments
] shall be made to each telecommunications provider based
upon its monthly
taxable actual intrastate
[
taxable
]
telecommunications
services
receipts reported by that telecommunications
provider under Chapter 151 of the
Texas
Tax Code.
(C)
]
Intrastate telecommunications
services receipts
[
Revenue
] received by telecommunications
providers from telecommunications services supplied to pay telephone providers
for the provision of pay telephone services
are
[
is
]
subject to TUSF assessment.
(3)
] Assessment. Each telecommunications
provider shall pay its TUSF assessment each month [
as calculated using
the following procedures.
]
(A)
Calculation of assessment rate. The TUSF
administrator shall determine an assessment rate to be applied to all telecommunications
providers on a periodic basis approved by the commission.
]
(B)
]
[
Calculation of assessment amount. Payments
to the TUSF shall be computed
] by multiplying the
commission-approved
assessment rate [
determined pursuant to subparagraph (A) of this
paragraph
] by the basis for assessments as determined pursuant to paragraph
(3)
[
(2)
] of this subsection.
(4)
] Reporting requirements. Each
telecommunications provider shall [
be required to
] report
its
taxable
intrastate
telecommunications
services
receipts
under Chapter 151 of the Tax Code
to
[
as required by
]
the commission or the TUSF administrator.
When reporting its intrastate
telecommunications services receipts, each telecommunications provider shall
report its total taxable telecommunications services receipts under Chapter
151 of the Tax Code, and indicate which methodology or methodologies (i.e.
, actual and/or commission-ordered safe-harbor
percentage) it used to arrive at its total intrastate telecommunications services
receipts.
(5)
] Recovery of assessments. A
telecommunications provider may recover the amount of its TUSF assessment
based on its intrastate telecommunications services receipts
[
only
] from its retail customers who are subject to tax under Chapter
151 of the
Texas
Tax Code, except for Lifeline
and/or
[
, and
] Link Up services. For purposes of the recovery of the TUSF assessment,
pay telephone providers are considered retail customers subject to Chapter
151 of the
Texas
Tax Code. The commission may order modifications
in a telecommunications provider's method of recovery.
;
]
and
] Link Up services.
provider
] choosing
to recover the TUSF assessment through a surcharge on its retail customers'
bills shall file the appropriate changes
as necessary
to its tariff
and/or price sheet
and provide supporting documentation for the method
of recovery.
(6)
] Disputing assessments. Any
telecommunications provider may dispute the amount of its TUSF assessment.
The telecommunications provider should endeavor to first resolve the dispute
with the TUSF administrator. If the telecommunications provider and the TUSF
administrator are unable to satisfactorily resolve their dispute, either party
may petition the commission to resolve the dispute. Pending final resolution
of disputed TUSF assessment rates and/or amounts, the disputing telecommunications
provider shall remit all undisputed amounts to the TUSF administrator by the
due date.
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
and shall only be
trimmed, shaped or cut by a licensed barber
].
A sideburn may be part
] of a hair cut or style that is a continuation of the natural scalp
hair growth,
does
[
and must
] not extend below the
line of demarcation
[
bottom of the ear lobe
], and
is
[
must
] not [
be
] connected to any other bearded
area on the face. [
Only a licensed barber shall trim, shape or cut the
sideburns with any type of razor.
]
Licensing, Permitting and Certification ] Requirements--Individuals.
or teacher
] certificate,
a student is eligible to take the written examination when the department
receives proof of completion of 1,000 curriculum hours, as specified by Texas
Occupations Code, §1603.255, relating to early examination.
or both portions of
the
] examination. [
If an examinee fails any part of the examination,
he or she will be required to retake the entire failed portion, either written
or practical, or both portions in the event the entire examination was failed.
]
Licensing, Permitting, Certification and Registration ] Requirements--Renewals.
In order to
] determine which establishments will be subject
to risk-based inspections, the department has established criteria and frequencies
for inspections. The owner of the barber establishment shall pay the fee required
under §82.80 for each risk-based inspection, in a manner established
by the department.
Individual License Holders ].
A licensed barber who is enrolled in a barber refresher
course cannot at the same time be employed or serve as a manager or instructor
in the school.
]
(c)
]
License holders, including Class A barbers,
teachers, barber technicians and manicurists are responsible for compliance
with the health and safety standards of this chapter.
(d)
] Licensees shall wear clean
top and bottom outer garments and footwear while performing services authorized
under the Act. Outer garments include tee shirts, blouses, sweaters, dresses,
smocks, pants, jeans, shorts, and other similar clothing and does not include
lingerie or see-through fabric.
(e)
] Licensees shall notify the
department in writing of any name change within thirty days of the change.
(f)
] Licensees shall maintain a
current mailing address on file with the department and must notify the department
not later than thirty days following any change of mailing address.
(g)
] Barbers or manicurists who
lease space on the premises of a barbershop or manicurist specialty shop to
engage in the practice of barbering as an independent contractor must obtain
a booth rental permit.
Shop Owner and/or Shop Manager ].
Permit holders are
] responsible for compliance with the health and safety standards of
this chapter.
(h)
] Alterations to the shop's floor
plan must be in compliance with the requirements of the Act and this chapter.
(i)
] Shops may establish rules of
operation and conduct, which may include rules relating to clothing, that
do not conflict with this chapter.
(j)
]
Shops
[
Permit
holders
] shall notify the department in writing of any name change of
the shop within thirty days of the change.
(k)
]
Shops
[
Permit
holders
] shall maintain a current mailing address on file with the department
and must notify the department not later than thirty days following any change
of mailing address.
Optional equipment for the kit will be as follows:
]
(1)
one razor strop;
]
(2)
one razor hone; and
]
(3)
one straight razor.
]
(i)
]
No student may take instruction or accrue
hours for practical work unless he or she is equipped with the tools required
above.
(j)
] Each barber school shall have:
(k)
] Each classroom consultant
to theory instruction in a barber school shall have a valid Texas barber teacher's
certificate, an academic degree or specialized training or expertise in the
subject being taught if the subject pertains to material relating to barbering.
(l)
] A student teacher may instruct
theory only if assisted by a person holding a teaching certificate.
(m)
] Whenever an approved barber
school is without the services of at least one teacher who has a valid Texas
barber teacher's certificate for all or any portion of three consecutive business
days, no instruction may be provided, and no student shall accrue hours for
either practical work or theory for the duration of such absence.
(n)
] A barber school shall submit
each application for student permit which shall include the following items
:
[
;
]
The
] original of the application
for student permit form
; and
[
.
]
Proof
] of a seventh-grade
education or its equivalency. This shall be in the form of a transcript or
[
photostatic
] copy of the diploma, equivalency certificate, or
record.
(3)
Two recent, identical, permanent-type
photographs, size two-inch by two-inch, with applicant's signature on front.
No Polaroid photographs will be accepted.
]
(o)
] Application for a student
permit must be sent to the department in complete form within ten days of
actual date of enrollment.
After the department receives the completed
student permit application, the department will issue a student permit which
gives the student the right to do barber service only in the school. The school
shall affix to the student permit a current photograph furnished by the student.
No student permit is valid unless this photograph is attached thereto.
curriculum
] approved
by the department.
Permit holders
] shall
notify the department in writing of any name change of the school within thirty
days of the change.
Permit holders
] shall
maintain a current mailing address on file with the department and must notify
the department not later than thirty days following any change of mailing
address.
After the department receives the completed student permit application
the department will issue a student permit which gives the student the right
to do barber service only in the school. Affixed to the student permit will
be a current photograph furnished by the student to the school in accordance
with §82.72. No student permit is valid unless this photograph is attached
thereto.
]
The student is responsible for ensuring that a student
permit is on display at all times during the student's enrollment at or near
the student's work station. No student may accrue hours for practical work
or theory unless the permit is displayed in accordance with this subsection.
]
(c)
When a student withdraws or otherwise
interrupts his or her training in a barber school, for more than 60 days,
after last date of attendance, the school shall send the student permit to
the department within seven days after such withdraw, or interruption. The
manager or owner of the barber school shall write on the permit the last day
of the student's attendance and the number of credit hours accrued by the
student and shall sign the student permit.
]
(d)
If a student returns to the same barber
school after interruption the school shall notify the department in writing
and a student permit shall be reissued.
]
(e)
When a barber school accepts a transfer
of a student from another school the accepting school, shall on behalf of
the student, submit to the department in writing the student's enrollment
application and a request that the department issue a new student permit for
the transferring student.
]
(1)
Upon receipt of the accepting schools
notification of transfer the department shall notify the school at which the
student was formerly enrolled of such transfer.
]
(2)
Upon receipt of the department's transfer
notification the manager or owner of the barber school shall, within seven
days of receipt of the department's transfer notification, send to the department
the student permit with the following information written on the permit:
]
(A)
the last day of the student's attendance;
]
(B)
the number of credit hours accrued by
the student; and
]
(C)
the manager's or owner's signature.
]
(f)
]
Students are responsible for compliance with
the health and safety standards of this chapter.
(g)
] Students shall maintain a current
mailing address on file with the department and must notify the department
not later than thirty days following any change of mailing address.
$35 (includes
$10 law and rules book fee)
]
hard,
] non-porous surfaces; solution
should be mixed fresh at least once per day. As used in this chapter, chlorine
bleach solutions fall into three categories based on concentration and exposure
time:
hard,
] non-porous surfaces to
render an item safe for handling, use, and disposal.
consisting of 3/4 cup of 5.25% per gallon of water
]; or
hard,
] non-porous surfaces.
at
the following minimum standard: one-third (1/3) cup of 5.25% bleach per gallon
of water
].
Chairs
] and dryers do not need to be disinfected prior to use for each
client.
and
] disinfected
, and sterilized
in accordance
with the rule: metal pusher and files, cuticle nipper and scissors, tweezers,
[
nail brushes,
] finger and toe nail clippers and electric
drill
[
file
] bits.
the reception area
].
Full-time student teacher. A person enrolled in the
six-month postgraduate course as a student teacher in an approved barber school
shall complete a total of 26 consecutive weeks of training in such barber
school. The full-time course shall consist of not less than:
]
(1)
seven hours, 45 minutes per day for a
five-day week; or
]
(2)
six hours, 30 minutes per day for a six-day
week.
]
(b)
Part-time student teacher. A part-time
student teacher at three-fourths time shall be required to attend school either:
]
(1)
six hours per day for a five-day week
for 33 weeks, plus an additional two days; or
]
(2)
five hours per day for a six-day week
for 33 weeks, plus an additional two days.
]
(c)
Part-time student teacher requirements.
On a part-time basis, a student teacher shall complete the course of 1,000
hours in not more than 18 months or shall surrender the student certificate,
unless the student produces sufficient evidence of cause to the department
in the form of an affidavit.
]
(d)
]
Requirement for enrollment. No person may
enroll in a teacher's course in an approved barber school before receiving
a certificate of registration as a Class A barber.
(e)
] The curriculum [
to prepare
a student for the examination
] for the teacher's certificate
consists
[
will consist
] of 1,000 hours,
to be completed in a
course of not less than 26 weeks, as follows
[
to include
]:
Figure: 16 TAC §82.120(e)
]
(f)
] The curriculum [
to prepare
a student for the examination
] for the class A barber certificate
consists
[
will consist
] of 1,500 hours
, to be completed
in a course of not less than nine months, as follows
[
to include
the following
]:
Figure: 16 TAC §82.120(f)
]
(g)
] The curriculum [
to prepare
a student for the examination
] for the manicurist license
consists
[
will consist
] of 600 hours, to be completed in a course
of not less than 16 weeks,
as follows
[
to include
]:
Figure: 16 TAC §82.120(g)
]
(h)
] The curriculum [
to prepare
a student for the examination
] for the barber technician license [
will
] consists of 300 hours,
to be completed in a course of not
less than eight weeks, as follows
[
to include
]:
Figure: 16 TAC §82.120(h)
]
(i)
] The curriculum for a barber
refresher course
consists
[
will consist
] of 300 hours
as follows
[
to include
]:
Figure: 16 TAC §82.120(i)
]
Part 9.
TEXAS LOTTERY COMMISSION