TITLE examining-boards

Part IV. Texas Cosmetology Commission

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 proposes amendments to §83.1, concerning enforcement, §83.2, concerning sanitary rules, §83.3, concerning proper quarters, §83.4, concerning toilets/bathrooms, §83.5, concerning waste and refuse, §83.10, concerning towels, §83.13, concerning implements, §83.14, concerning definition of wet disinfectant soaking containers and dry storage containers, §83.17, concerning instruments and supplies, §83.22, concerning infectious disease, §83.23, concerning personal hygiene, §83.25, concerning arresting bleeding, §83.29, concerning shirts and shoes required, and §83.30, concerning proper labeling, are being proposed in accordance with House Bill 1, of the General Appropriations Act, §167.

Delores L. Alspaugh, Executive Director, has determined that for each year of the first five years the rules are in effect, there will be fiscal implications for state or local government as a result of enforcing or administering the rules. Persons who fail to comply with these rules as proposed may be assessed administrative penalties for noncompliance.

Ms. Alspaugh also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to ensure that cosmetology establishments and licensees comply with the requirements of the rules of the commission. There are anticipated economic costs to persons who are required to comply with the rules as proposed Noncompliance with these rules as proposed may result in administrative penalties being assessed.

Comments on the proposals may be submitted to Delores L. Alspaugh, Executive Director, P.O. Box 26700, Austin, Texas, 78755-0700.

These amendments are proposed 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 proposed amendments.

§83.1.Enforcement.

(a)

The holder or holders of an establishment license and/or certificate [ and the person in charge of any establishment ] shall be liable for implementing and maintaining the sanitary rules in such establishment individually or [ and ] jointly with all persons engaged in, or employed by, or working in, or on the premises of such establishment. All licensees under this Act, and students attending school under this Act, shall be held liable individually or [ and ] jointly for maintenance and implementation of the sanitary rules applicable to the performance of their profession as such licentiates. All sanitary rules herein specifically shall apply to independent contractors.

(b)

Every cosmetology establishment, as defined by the Statutes to regulate the practice of cosmetology in the state of Texas, shall be given a sanitary rating covering the entire establishment [ according to the filed floor plan ], and all areas of school or campus used as an instructional area must meet the [ following ] requirements of statutes and the general rules and regulations as set by the commission. [ : ]

[(1)

The rating given said establishment shall be posted in the reception desk area in public view.]

[(2)

An establishment operating in violation of these rules and regulations, or which operates with a sanitary rating of less than 80% shall be issued a notice of violation. If the violation is not corrected in 10 days, an informal hearing may be initiated by the executive director.]

[(3)

Violation of any of these rules and regulations, or operating a hairdressing establishment which fails to receive a sanitary rating of at least 80%, shall be issued a violation. If not corrected within 10 days, an informal hearing could be initiated by the executive director.]

§83.2.[ Posting ] Sanitary Rating [ Rules ].

Notwithstanding any fines or violations under Section 35A and §89.1 of this title (relating to Administrative Fines), every cosmetology establishment should maintain a sanitary rating on each inspection report of not less than 70% as a minimum satisfactory standard of operation. [ Current sanitary rules and regulations, the last inspection report of the inspector, and the establishment license and/or certificate must be posted in all licensed salons and schools in the reception area in the public view. ]

§83.3.Proper Quarters.

(a)

Each establishment shall be [ well lighted, well ventilated, and ] kept in a clean, orderly, and sanitary condition at all times.

(b)

Linoleum or tile fixtures must be tight with no broken areas or badly worn spots. Floors shall be constructed of smooth, hard-finished materials, such as quarry tile, terrazzo, ceramic tile, etc., or covered with washable composition materials such as rubber-base greaseless asphalt tile may be used. Hair cuttings must be immediately swept up and deposited in a disposal receptacle when the haircut is finished. Those establishments that currently have carpeting in the shampoo and work areas are not required to remove said carpeting until such time as it can no longer be maintained in a sanitary condition. In no event shall any establishment maintain carpeting in the shampoo and work areas after December 31, 2001. No carpet shall be permitted except in reception or offices. Walls and fixtures shall be of a sanitary nature. [ There must be evidence of routine cleaning and proper maintenance. ] Ceilings must be properly maintained.

(c)

The use of a cosmetology establishment as living, dining, or sleeping quarters shall be prohibited. Residential salons shall maintain a separate entrance which shall not open to [ off from ] living, dining, or sleeping quarters. If a door leads into the residence, it shall be a solid door that remains locked during business hours.

[(d)

Doors and windows shall be closed or properly screened.]

(d)

[ (e) ] Styling stations, working stations, and manicure tables must be cleaned and disinfected with a hospital grade EPA registered disinfectant prior to client services. All drawers and shelves of the above being used for the storage of rollers, brushes, combs, pins, nets, and equipment must be disinfected with a hospital grade EPA registered disinfectant solution, and shall not be used for storage of non-related cosmetology equipment or supplies. One drawer or cabinet may be designated for storage of personal items and shall be clearly labeled as such .

(e)

[ (f) ] The premises shall be kept free of rodents, vermin, flies, or other similar insects.

[(g)

Equipment such as dryer heads and filters must be kept clean at all times.]

§83.4.Toilet; Bathrooms.

(a)

Toilet facilities shall be kept clean and sanitary without offensive odor and in working order at all times.

(b)

Each establishment shall provide hand washing facilities, including hot and cold running water, located near or adjacent to the toilet room or rooms. Hot air blowers or suitable holders for sanitary towels and dispensers for soap shall be provided, and be adequately supplied at all times.

[(c)

Provision must be made for toilet facilities within the salon or a public restroom available within 100 feet. All existing salons will be grandfathered. Any new construction, remodeling, or relocating after January 1, 1994, will necessitate compliance with this rule.]

(c)

[ (d) ] All bathrooms and toilets and other adjoining rooms shall be kept clean and in a sanitary condition. Restrooms shall not be used as storage rooms , and they must be kept neat and clean at all times. The floors shall be clean and free of trash and rubble.

§83.5.Waste and Refuse.

[ (a)

No establishment shall permit the accumulation of waste or refuse, or cluttering of unnecessary books, papers, or magazines.]

(a)

[ (b) ] At no time shall the selling of food or drink be permitted in schools or salons unless by vending machines. Students, salon personnel , or clients using foodstuffs in any establishment must remove leftovers. [ Establishments are directly responsible for the general compliance of this section. ] Dirty dishes from foods being served must not accumulate.

(b)

[ (c) ] Trash containers used for the disposal of hair or nail clippings must be covered. [ There must be at least two large closed trash containers (minimum 30 gallons) in each salon or school. ]

(c)

[ (d) ] All trash containers [ not closed (no hair clippings) ] must be emptied daily and kept clean by washing or using plastic liners.

(d)

[ (e) ] Cotton pads, disposable towels, or protectors which cannot be disinfected will be disposed of in a waste receptacle immediately after use.

§83.10.Towels.

(a)

Clean towels shall be used on each client. [ A closed dust-proof cabinet or container must be provided for clean towels and linens. ]

(b)

Soiled towels are to be discarded. After a towel has been used once, it shall be deposited in a partially closed receptacle, container, or basket, and shall not be used again until properly laundered and disinfected. For blood spills, refer to §83.25 of this title (relating to Arresting Bleeding).

(c)

Used towels shall be laundered in chlorinated hot water either by regular commercial laundering or by a noncommercial laundering process [ which includes one of the following treatments: ]

[(1)

immersion in water at 160 degrees Fahrenheit for not less than five minutes at some time during the washing or rinsing operation.]

[(2)

immersion of the clean and thoroughly rinsed towels in an aqueous solution containing 100 ppm of available chlorine for not less than one minute.]

[(3)

immersion of the clean and thoroughly rinsed towels in an aqueous solution containing 200 ppm of available chlorine for not less than one minute.]

§83.13.Implements, Combs, Brushes, and Rollers.

(a)

Before servicing each client, each cosmetologist is required to have implements and tools that have been cleaned and disinfected with a hospital grade EPA registered disinfectant solution [ before servicing each client ].

[(b)

Rollers, pins, clips, combs, brushes, and cold wave rods shall not be stained from rinses or hair spray, lacquer, or setting lotions.]

[(c)

At no time shall a cosmetology student, or a licensed cosmetologist, keep combs or brushes in their pocket.]

(b)

[ (d) ] When cold wave rods are not in use, they must be covered with a cover or towel, until ready for use. Cold wave rods must be free from any solution, hair end papers, clippies, hairpins, and any additives.

(c)

[ (e) ] All cosmetology implements [ Scissors, razors, clipper blades, razor combs, tweezers, or other related equipment ] and supplies[ , ] must be disinfected with a hospital grade EPA registered disinfectant solution, must be clean to sight and touch, and stored in a [ an ] closed container. Curling irons must be clean to sight and touch.

(d)

[ (f) ] All cosmetology implements and supplies [ All types of brushes and combs, all types of rollers, clips, and other hair accessories ] which have become soiled in any manner shall be placed in a properly labeled receptacle provided for that purpose.

(e)

Electrical appliances shall be kept clean by wiping the surface with a towel or cotton pad dampened with a hospital grade EPA registered disinfectant solution. The solution must remain on the surface for at least 10 minutes.

(f)

Disposable supplies shall be used whenever possible.

[(g)

No other items are allowed in drawers or covered containers with clean, disinfected combs and brushes. Drawers and containers must be kept closed and clean at all times.]

Disinfection Practices and Procedures [ Definition of Wet Disinfectant, Soaking Container, and Dry Storage Container ].

(a)

A wet disinfectant soaking container is a container large enough to hold a disinfectant solution in which the objects to be disinfected are immersed. A wet disinfectant soaking container must have a cover to prevent contamination of the solution. The disinfectant solution must be a hospital grade EPA registered disinfectant solution. Before immersing objects in a wet disinfectant soaking container containing a disinfectant solution, all licensees shall [ be sure to ]:

(1)

remove [ hair and ] all debris from the object;

(2)

pre-clean thoroughly with hot water and soap or disinfectant solution;

(3)

place tool and implements in the wet soaking container filled with disinfectant solution, completely immerse for 10 minutes, or according to the manufacturer's direction; and

(4)

remove tools and implements after 10 minutes, wipe dry with a clean towel, and store in a dry storage container.

(b)

The disinfected implements are kept clean by placing them in a clean, [ the ] dry storage container until ready for use.

(c)

Ultraviolet electrical sanitizers are permissible for use as a dry storage container.

(d)

Disposable items used for cosmetology and related services must be disposed of after each use.

(e)

Disposable gloves must be worn at all times when removing wax or when going facial extractions.

(f)

All depilatories and all paraffin wax that have which has been in contact with a client's skin or been removed from the containers must be disposed of after each use. Used wax may and not be re-used under any circumstances.

(g)

All wax pots will be cleaned and disinfected with a hospital (grade) EPA registered disinfectant solution with no sticks left standing in the wax at any time. The wax remaining in the pot may remain, all wax removed from the pot must be disposed of.

(h)

Headrests of chairs shall be cleaned with a hospital grade EPA registered disinfectant solution prior to each service and covered with a clean towel or paper sheet for each client.

(i)

All areas of the body being treated in a wax service must be cleaned with a broad spectrum antibacterial agent.

Prohibited Medical Practices [ Instruments and Supplies ].

(a)

The use of blade or cutting tool intended for the purpose of removing corns and calluses is prohibited. [ All supplies such as cotton, pads, neck strips, and protectors, which cannot be disinfected, will be disposed of in a covered waste receptacle immediately after each use. ]

(b)

No licensee shall remove hair mole, or other blemishes, by radiation or other means of tissue destruction. [ Spray hoses shall be clean and kept free from breaks, cracks, and leaks. Shampoo hoses needing repair must be done upon notification of the inspector. ]

[(c)

No cosmetologist shall remove hair mole or other blemishes by radiation or other means of tissue destruction.]

[(d)

Shampoo bowls, cups, finger bowls or similar objects, will be disinfected with a hospital grade EPA registered disinfectant solution after each use and prior to being used for another client.]

[(e)

Electrical appliances will be kept clean by wiping the surface with a towel or cotton pad dampened with a hospital grade EPA registered disinfectant solution. The solution must remain on the surface for at least ten minutes.]

[(f)

Disposable supplies shall be used whenever possible.]

§83.22.Infectious Disease.

(a)

All licensees [ cosmetologists ] should use the utmost caution in waiting on or in rendering services to any person having or suspected of having an infectious disease. Licensees [ Cosmetologists ], after having waited on such a person, or suspected person, shall use thorough disinfecting of towels, clothes, implements, and utensils used by them in rendering work.

(b)

No person afflicted with an infectious or communicable disease, or infected by an animal parasite, shall be permitted to work or train in a school or establishment except as such person is entitled to protection under the Americans with Disabilities Act (42 USC §12101 et seq.). No school or establishment shall require, permit, or suffer a student or person licensed by the Texas Cosmetology Commission knowingly to work upon a person suffering from an infectious disease or an infection of animal parasites except as such person is entitled to protection under the Americans with Disabilities Act (42 USC §12101 et seq.).

(c)

No school or establishment shall require or permit a student or person licensed by the Texas Cosmetology Commission knowingly to work upon a person infected with an infectious disease or an infection of animal parasites.

(d)

These rules apply in all situations except to the extent preempted by federal law.

§83.23.Personal Hygiene.

(a)

Any licensee [ cosmetologist ] whose work causes him or her to touch the skin of any person shall wash his or hands thoroughly with soap and hot water or a broad spectrum antimicrobial agent before attending a client, servicing hairgoods, and immediately after using the toilet.

(b)

Each licensee [ cosmetologist ] must keep his or her [ their ] body and uniform clean, sanitary, and free of odor.

§83.25.Arresting Bleeding.

(a)

Liquid or powder astringents may be employed to arrest bleeding, and such liquid or powder astringent shall be applied by means of sanitized pieces of gauze or cotton.

(b)

Lump alum and styptic pencil are prohibited.

(c)

All salons, schools, students, licensees, and independent contractors shall :

(1)

have on the premises and utilize a hospital grade EPA registered tuberculocidal disinfectant solution in situation involving blood spills ; [ . All salons, schools, and independent contractors ]

(2)

[ must ] be in compliance with OSHA rules on blood-borne pathogens, to include blood and body fluids ; [ . The school, salon personnel, and independent contractors shall ]

(3)

follow disinfecting procedures by complete immersion for ten minutes of tools or implements that have come in contact with blood or other fluids.

(d)

If a blood spill should occur, the following procedures must be followed:

(1)

supply injured party with a band-aid if necessary and liquid spray styptic/antiseptic; and

(2)

double bag all blood-soiled (contaminated) articles and label with red or orange biohazard warning.

§83.29.Shirts and Shoes Required.

Cosmetology establishments should [ may ] not perform services unless shoes and shirts are worn by clients.

§83.30.Proper Labeling.

Each cosmetology establishment and independent contractor shall properly label all products used in the conduct of their business in compliance with OSHA [ Occupational Safety and Health Administration (OSHA) ]. Each cosmetology establishment and independent contractor must maintain a material safety data sheet [ on file for public review on all chemicals used in the establishment as required by OSHA ].

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 June 2, 1999.

TRD-9903236

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Earliest possible date of adoption: July 18, 1999

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


22 TAC §§83.15, 83.16, 83.18

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Cosmetology Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Cosmetology Commission proposes to repeal §83.15, concerning disinfecting facial implements, §83.16, concerning disinfecting manicure instruments, and §83.18, concerning sanitation requirements for independent contractors.

The repeal of these sections is proposed as a result of a comprehensive review of all the commission's rules in accordance with HB 1 Section 167.

Delores L. Alspaugh, Executive Director, Texas Cosmetology Commission, has determined that for the first five-year period the rules are repealed, there will be no fiscal implications for state or local government.

Mrs. Alspaugh also has determined that for each year of the first five years the rules are repealed, the public benefit anticipated as a result of repealing the rules will be to eliminate confusing, repetitive terminology. There will be no effect on small businesses. There are not any anticipated economic costs to persons with the rules as repealed.

Comments on the proposed repeals may be submitted to Delores L. Alspaugh, Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700.

The proposed repeals are in accordance with Article 8451(a), §4a, VTCS.

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

§83.15. Disinfecting Facial Implements.

§83.16. Disinfecting Manicure Instruments While in Use on Clients.

§83.18. Sanitation Requirements for Independent Contractors.

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 June 3, 1999.

TRD-9903267

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Earliest possible date of adoption: July 18, 1999

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


Chapter 89. General Rules and Regulation

22 TAC §89.39

The Texas Cosmetology Commission proposes to amend §89.39, concerning new salons.

The proposal of this section is proposed as a result of a comprehensive review of all the commission's rules in accordance with HB 1 Section 167.

Delores L. Alspaugh, Executive Director, Texas Cosmetology Commission, has determined that for the first five-year period the rules are proposed, there will be fiscal implications for state or local government. Persons who fail to comply with this rule as proposed may be assessed administrative penalties for noncompliance.

Mrs. Alspaugh also has determined that for each year of the first five years the rules are proposed, the public benefit anticipated as a result of repealing the rules will be to eliminate confusing, repetitive terminology. There will be an effect on small businesses. There are anticipated economic costs to persons with the rules as proposed. Noncompliance with this rule as proposed may result in administrative penalties being assessed.

Comments on the proposed section may be submitted to Delores L. Alspaugh, Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700.

The proposed amendment is in accordance with Article 8451(a), §4a.

Article 8451a, Vernon's Texas Civil Statutes, is affected by this proposed amendment.

§89.39.New Salon.

(a)

License requirements: Before a beauty or specialty salon may open for business, the facility must obtain a license. The application and fees must be submitted to the Texas Cosmetology Commission at least 45 days in advance of the anticipated opening date. The facility must be inspected for approval as near to the opening date as possible. If the facility is licensed, pending the inspection the salon may be open until the final approval is granted. The facility will be given 10 work days to correct any deficiencies. No salon may advertise, practice, or attempt to practice under the name or trade of another licensee under this Act.

(b)

[ Beauty salon ] Requirements for all salons :

(1)

Required floor space shall be a minimum of 150 [ 180 ] square feet for the first licensee [ operator ] and not less than 30 [ 110 ] square feet [ of working, dispensary, and reception area ] for each additional licensee [ operator ] . [ , ] Dispensary, reception areas, [ exclusive of ] restrooms, utility, heating and/or cooling facilities and retail floor space are not included as working floor space [ area ].

[ (2)

Required equipment as follows:]

[ (A)

one working station for each operator;]

[ (B)

one styling chair for each operator;]

[ (C)

one shampoo bowl and shampoo chair for each three operators, at a minimum;]

[ (D)

one dryer for each operator;]

[ (E)

one wet disinfectant soaking container; and]

[ (F)

one dry storage container.]

[ (c)

Additional requirements for all salons: ]

(2)

[ (1) ] Carpeting is not allowed except in reception or offices.

(3)

[ (2) ] A sink with hot and cold running water is required.

(4)

[ (3) ] A restroom must be directly connected to the salon with a sink or a public restroom available for client use [ the use of clients ].

(5)

[ (4) ] An identifiable sign with the salon's name must be displayed.

(6)

[ (5) ] Closed container(s) [ cabinet(s) ] for clean towels/ linen [ and closed container(s) for soiled linen are required ].

[ (6)

Closed containers for clippies, hair nets, and permanent wave equipment are required.]

(7)

Partially closed container(s) for soiled towels/linen. [ Sufficient combs and brushes are required. ]

(8)

One wet disinfectant soaking container. [ Floors, walls, and equipment must be clean and sanitary. ]

(9)

A minimum of one dry storage container. [ The salon must be properly ventilated with an exhaust fan or air filtering device extracting fumes and gases out of the facility. ]

(10)

A minimum of one covered trash container.

(11)

The salon must be properly ventilated with an exhaust fan or air filtering device extracting fumes and gases.

(12)

No cosmetology establishment shall, in any manner, represent or permit representation to be made in its behalf that it is a barber shop, whether made by use of a display or device similar to a barber pole or otherwise. It may, however, advertise that services for males are available, with the exception of trimming and/or shaving beards or mustaches.

(13)

Salon licenses will be issued as a specialty salon with the notion which specialty is being practiced.

(c)

[ (d) ] Additional requirements by specialty [ Rules and regulations for all salons ]:

(1)

Beauty Salon: [ A salon shall not be operated in conjunction with any establishment selling food or drink, and shall be separated by a solid wall and have a separate entrance if located in the same building. ]

(A)

one working station for each operator;

(B)

one styling chair for each operator;

(C)

a minimum of one shampoo bowl and shampoo chair for each three operators;

(D)

one dryer for each operator.

(2)

Manicure Salon: [ A person holding a beauty or specialty salon license shall be responsible for all the people working in that salon, unless they are independent contractors. ]

(A)

one manicure table with light for each manicurist

(B)

one manicure stool for each manicurist

(C)

one professional client chair for each manicure station

(3)

Facial Salon:

(A)

one facial couch/chair for reach facialist

(B)

one mirror for each facialist

(4)

Manicure/Facial Salon:

(A)

requirements for manicure salon, and

(B)

requirements for facial salon

(5)

Wig Salon:

(A)

mannequin table, station, or styling bar to accommodate a minimum of 10 hairpieces

(B)

one wig dryer

(C)

two canvas wig blocks

(6)

Hairweaving/Braiding salon:

(A)

one work station for each hairweaver/braider

(B)

one styling chair for each hairweaver/braider

(C)

a minimum of one shampoo bowl and shampoo chair for each three hairweaver/braiders

(D)

one dryer for each three hairweaver/braiders

[ (e)

Facial salon requirements:]

[ (1)

Required floor space shall be approximately 150 square feet of working space for the first operator, and 50 square feet of working, dispensary, and reception area for each additional operator, exclusive of rest room, utility, heating and/or cooling facilities and retail area.]

[ (2)

Required equipment is as follows:]

[ (A)

one facial couch or facial chair for each facialist;]

[ (B)

one wet disinfectant soaking container;]

[ (C)

one dry storage container;]

[ (D)

one mirror, wall hung, or one hand mirror for each facialist; and]

[ (E)

two large covered trash containers.]

[ (f)

Manicurist salon requirements:]

[ (1)

Required floor space shall be approximately 150 square feet of working space for the first operator and 50 feet of working, dispensary and reception area for each additional operator, exclusive of rest room, utility, heating and/or cooling facilities and retail area.]

[ (2)

Required equipment is as follows:]

[ (A)

one manicure table with light for each manicurist;]

[ (B)

one manicure stool for each manicurist;]

[ (C)

two professional type chairs for clients;]

[ (D)

one wet disinfectant soaking container and one dry storage container at each table; and]

[ (E)

a sufficient number of covered trash cans.]

[ (g)

Manicure/Facial specialty salon requirements:]

[ (1)

Required floor space shall be approximately 150 square feet of working space for the first operator and 50 square feet of working, dispensary and reception area for each additional operator, exclusive of rest room, utility, heating and/or cooling facilities and retail area.]

[ (2)

Required facial equipment is as follows:]

[ (A)

one facial couch or facial chair for each facialist;]

[ (B)

one wet disinfectant soaking container;]

[ (C)

one dry storage container; and]

[ (D)

one mirror, wall hung, or one hand mirror for each facialist.]

[ (3)

Required manicure equipment is as follows:]

[ (A)

one manicure table with light for each manicurist;]

[ (B)

one manicure stool for each manicurist;]

[ (C)

two professional-type chairs for clients;]

[ (D)

one wet disinfectant soaking container and one dry storage container; and]

[ (E)

a sufficient number of covered trash cans.]

[ (h)

Wig salon requirements:]

[ (1)

Required floor space shall be a minimum of 180 square feet for the first operator and not less than an additional 110 square feet of working, dispensary, and reception area for each operator, exclusive of rest rooms, utility, heating and/or cooling facilities and retail area.]

[ (2)

Required equipment as follows:]

[ (A)

mannequin table(s), styling stations, or styling bar to accommodate a minimum of 10 hairpieces;]

[ (B)

one large sink with hot and cold running water;]

[ (C)

one wig dryer large enough to dry six hairpieces;]

[ (D)

one dry storage container;]

[ (E)

one wet disinfectant soaking container, and]

[ (F)

two large covered trash containers.]

[ (i)

Licensed cosmetologists or specialists who are practicing as independent contractors must obtain the appropriate booth rental license.]

[ (j)

Salon licenses will be issued as a specialty salon with the notation which specialties are being practiced.]

[ (k)

No cosmetology establishment shall, in any manner, represent or permit a representation to be made in its behalf that it is a barber shop, whether made by use of a display or device similar to a barber pole or otherwise. It may, however, advertise that services for males are available, with the exception of trimming and/or shaving beards or mustaches.]

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 June 3, 1999.

TRD-9903273

Delores Alspaugh

Executive Director

Texas Cosmetology Commission

Earliest possible date of adoption: July 18, 1999

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


Part XXV. Structural Pest Control Board

Chapter 591. General Provisions

22 TAC §591.23

The Texas Structural Pest Control Board proposes a new 22 TAC §591.23 concerning historically underutilized businesses. The proposed new Section 591.23 encourages and provides for the use of historically underutilized businesses through race, ethnic and gender neutral means and promotes full and equal business opportunity for all businesses in state contracting. The proposed new Section 591.23 is mandated and authorized under the provisions of Section 124 of Article IX of the General Appropriations Act of the Seventy-fifth Legislature of Texas in Regular Session.

Benny M. Mathis, Jr., Executive Director has determined that there will not be fiscal implications as a result of administering the proposed new rule.

There will be no estimated additional cost, estimated reduction in cost or estimated loss or increase in revenue to state or local government for the first five year period the proposed new rule will be in effect. There will be no cost per employee, cost per hour of labor or cost per $100 of sales to small or large businesses.

Benny M. Mathis, Executive Director has determined that for each year of the first five years the proposed new rule is in effect, the public benefits anticipated as a result of administering the proposed new rule will be the better and more frequent use of habitually underutilized businesses for the benefit of the public at large. There is no anticipated economic cost to individuals with regard to the proposed new rule.

Comments on the proposed new rule may be submitted to Benny M. Mathis, Jr., Executive Director, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723-1066.

The new rule is proposed under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

The following is the (statutes, articles or code) that are affected by this rule:

Rule Number: Statute, Article or Code

591.23: Article 135b-6

§591.23. Historically Underutilized Businesses.

The Structural Pest Control Board adopts by reference, the rules promulgated by the General Services Commission as set forth in Title 1, Part V, Chapter 111, Subchapter B, §§111.11-111.24. of the Texas Administrative Code regarding the Historically Underutilized Business Certification Program".

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 June 2, 1999.

TRD-9903262

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Earliest possible date of adoption: July 18, 1999

For further information, please call: (512) 451-7200