TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS

22 TAC §§51.13, 51.15-51.21, 51.23-51.26; 51.30, 51.39, 51.40

The Texas State Board of Barber Examiners proposes amendments to §§51.13; 51.15; 51.16; 51.17; 51.18; 51.19; 51.20; 51.21; 51.23; 51.24; 51.25; 51.26; 51.30; 51.39; 51.40, concerning Barber Colleges, Schools, and Students. The amendments are proposed in accordance with the board's Rule Review Plan adopted pursuant to Article IX, §167 of the Appropriations Act. The proposed amendment to §51.13 Change of Ownership of Barber School specifies that the new owner should notify the board of the change no later than the 10th day. Naming whom will inspect the new owner's school, and after the new owner completes the new contract and returns it with the new fee, the board will issue a new permit within 20 days. The proposed amendment to §51.15 Barber Chairs per Student changes the wording clinic floor to practical floor. The proposed amendment to §51.16 Equipment for Students requires the school to furnish each student with a current hand book containing the Barber Laws, and list the tools the school or college must ensure each student is equipped with. The proposed amendment to §51.17 Specialty Equipment states each student enrolled the school or college will have enough equipment. The proposed amendment to §51.18 Classroom Consultants requires the school or college to have a valid Texas barber teacher teaching at all times. The proposed amendment to §51.19 Absence of Teachers is adding no student shall accrue hours for either practical or theory for the duration of the absence of a teacher. The proposed amendment to §51.20 Applying for Enrollment states all records are subject to inspection by the board or any of its officers or employees and the school or college is responsible for submitting the student application. The proposed amendment to §51.21 Enrollment Application Deadline changes the deadline the application for enrollment must be sent to the office within seven days of the date on the physician certificate. The proposed amendment to §51.23 Student Certificate states the student certificate is not valid without a photograph attached and changes the student certificate to expire every 12 months. The proposed amendment to §51.24 Interruption of Attendance when a student withdraws or interrupts his or her training the school or college has seven days to return the student certificate to the board. The proposed amendment to §51.25 Reenrollment Notification changes the title of the rule to Reenrollment or Transfer, places the responsibility of filing the enrollment, reenrollment application and transfer notification on the school or college owners. The proposed amendment to §51.26 Student Progress Reports changes the wording from "acquired" to "accrued" in addition to changes the required forms prescribed by the board to requiring the information listed in §51.38. The proposed amendment to §51.30 changes the hours in anatomy, physiology, and histology from 80 to 50; the hours of Texas Barber Law from five to 35; change the wording from "boys'" to "children's" haircutting; the hours of manicuring from 25 to 1; professional ethics hours are changed from 10 to 22, and barber shop management hours from 10 to 22. The proposed amendment to 51.39 Barber Refresher Course removes the words "or country" from the requirements for the refresher course and changes the haircutting hours from 150 to 160, and removes the manicuring hours. This amendment also adds the requirement of adding the student in the barber refresher course to the monthly progress report. The proposed amendments to 51.40 All Other Businesses Prohibited in a Barber College allows the placement of vending machines and retail products directly relating to hair care.

Will K. Brown, Executive Director, has determined that, for each of the first five years that the proposed rules will be in effect: (1) there are no foreseeable implications relating to cost or revenues of the state or local governments as a result of enforcing for administering the rules; (2) the public benefit of the proposed rules will be clarification of the board's requirements of examinees and licensees and the provision of a secure method of handling funds submitted by examinees and licensees; and (3) there is no foreseeable economic cost to persons required to comply with the proposed rules. Mr. Brown has also determined that there will be no effect on small businesses as a result of the proposed amendments.

Comments on the proposed rules may be submitted to Will K. Brown, Executive Director, Texas State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin, Texas 78701 no later than 30 days from the date that these proposed amendments are published in the Texas Register .

The amendments are proposed under Texas Barber Law, former Texas Civil Statutes, Article 8407a, §28(a),(repealed) now recodified laws House Bill 3155 as Chapter 1601 OCCUPATIONS CODE (1999) which vest the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

The following sections of the Texas Civil Statute, Article 8407a are effected by the proposed amendments as follows: 51.13 Change of Ownership of Barber School - §§9,9a; 51.15 Barber Chairs per Student - §§9(g)3,8; 51.16 Equipment for Student - §§9(f),9(u); 51.17 Specialty Equipment - §9(f); 51.18 Classroom Consultant - §9(j); 51.19 Absents of Teachers - §§ 9(j), 9(k); 51.20 Applying for Enrollment - §§7,8,9(b); 51.21 Enrollment Application Deadline - §§8, 9(b); 51.23 Student Certificate - §§9(b), 8,21(b); 51.24 Interruption of Attendance - §§9(e); 51.25 Reenrollment or Transfer - §9(e); 51.26 Student Progress Reports - §9(e); 51.30 Registered Barber Course - §§9(d),9(f),12; 51.39 Barber Refresher Course - §§9(d), 9(f); 51.40 All Other Businesses Prohibited in a Barber College - §§9(a),9(y).

§51.13.Change of Ownership of Barber School.

(a)

If a barber school or college changes ownership, the new owner shall notify the board of the transfer not later than the 10th day before the date on which the change becomes effective. [ Two board members or one board member and the board's executive director shall inspect a barber school or college which has changed ownership to determine that it fulfills all requirements of the board and of the Texas Barber Law, §9. ]

(b)

Two board members or one board member and the board's executive director shall inspect a barber school or college which has changed ownership to determine that it fulfills all requirements of the board and of the Texas Barber Law, §9. [ A new permit fee and contract shall be required from a barber school or college which has changed ownership. ]

(c)

A new permit fee and contract shall be required from a barber school or college which has changed ownership. [ The new owner of the school shall execute a new contract for approval with the board and shall secure a new permit within 30 days. ]

(d)

The new owner of the school shall execute a new contract for approval with the board and shall secure a new permit within 30 days.

§51.15.Barber Chairs per Student.

A barber school or college must have one barber chair available for each student in attendance on the practical [ clinic ] floor. Additional students in attendance must be assigned to the beginner's department or theory classroom.

§51.16.Equipment for Students.

(a)

A [ The ] barber school or college shall furnish each student [ must issue ] within seven days of the students enrollment [ each student ] his or her own copy of the current hand book published by the board containing the laws and regulation governing the practice of barbering. [ textbook or books which shall contain all subjects referred to in the Texas Barber Law, §9. The board will approve each textbook or book before it may be used in the barber school or college curriculum. ]

(b)

The barber school or college must issue within seven days of enrollment each student his or her own textbook or books which shall contain all subjects referred to in the Texas Barber Law, §9. The board will approve each textbook or books before it may be used in the barber school or college curriculum. [ Each student must be equipped with all the necessary barber's tools equivalent to any Class A barber's kit, and shall have his or her own new personal tools which shall be issued within 30 days of enrollment including the following tools: ]

[ (1)

one professional electric clipper of modern design; ]

[ (2)

one neck duster; ]

[ (3)

one barber shears; ]

[ (4)

one thinning shears; ]

[ (5)

one tweezers; ]

[ (6)

one razor; ]

[ (7)

three barber combs; ]

[ (8)

one styptic powder; ]

[ (9)

one tool kit (carrying it); ]

[ (10)

one hair styling brush; ]

[ (11)

one neck clip; ]

[ (12)

one can clipper oil; ]

[ (13)

two washable uniforms; ]

[ (14)

one hand electric hair dryer; ]

[ (15)

one T-edger or outliner. ]

(c)

A barber school or college shall furnish to or ensure that each student is equipped with his or her own personal tools within 30 days which must include the following:

(1)

one professional electric clipper of modern design;

(2)

one neck duster;

(3)

one barber shears;

(4)

one thinning shears;

(5)

one razor equipped with disposable blades;

(6)

three barber combs;

(7)

one styptic powder or liquid styptic;

(8)

one tool kit (carrying kit);

(9)

one hair styling brush;

(10)

one neck clip;

(11)

one can clipper oil

(12)

two washable uniforms;

(13)

one hand held hair dryer; and

(14)

one T-edger or outliner

(d)

[ (c) ] Optional equipment for the kit will be as follows:

(1)

one razor strop;

(2)

one razor hone; and

(3)

one straight razor.

(e)

No student may take instruction or accrue hours for practical work unless he or she is equipped with these tools.

§51.17.Specialty Equipment.

Each barber school or college shall have:

(1)

for each student in attendance on the practical floor, enrolled in a manicurist course outlined in §51.31, one complete manicure table , one complete set of manicuring implements for plain and sculptured nails, and one textbook with complete instructions ;

(2)

and adequate supply of permanent wave rods [ complete set of manicuring implements for plain and sculptured nails with textbook of complete instructions ];

(3)

an adequate supply of permanent wave rods;

(4)

a minimum of two canvas-type wig blocks;

(5)

two mannequins, one long-haired and one short-haired;

(6)

a minimum of one wig, one hairpiece, and one hairwoven piece;

(7)

clock;

(8)

bulletin board;

(9)

fire extinguisher with current inspection report; and

(10)

teacher's desk in classroom.

§51.18.Classroom Consultants.

(a)

Each classroom consultant to theory instruction in a barber school or college shall have a valid Texas barber teacher's certificate , [ or ] an academic degree or specialized training or expertise in the subject being taught if the subject pertains to [ extension ] material relating to barbering.

(b)

A student teacher may instruct theory only if assisted [ accompanied ] by a person holding a teaching certificate [ licensed teacher ].

§51.19.Absence of Teachers.

(a)

Whenever an approved barber school or college 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, the owner, manager, or authorized agent of the school must notify the board in writing.

(b)

This notification must be on or before the seventh calendar day following the first day of the absence.

(c)

The written notice must explain the absence and its duration or expected duration.

(d)

No instruction may be provided, and no student shall accrue hours for either practical work or theory for the duration of such absence.

§51.20.Applying for Enrollment.

(a)

Each person enrolling in an approved barber school or college in Texas must apply on forms furnished by the board.

(b)

This record is subject to inspection by the board or any of its officers or employees. [ The application for enrollment is prepared by the board in triplicate form. The original must be sent to the office of the board and two copies must be retained by the school. ]

(c)

A barber school or college shall submit each application for enrollment which shall include the following four items; [ This record is subject to inspection by the board or any of its officers or employees. ]

(1)

The original of the application for enrollment form, completed and notarized. If the applicant is attending on a part-time basis, he or she shall specify that on the upper right corner of the original.

(2)

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.

(4)

A current health certificate, signed by a physician or doctor of osteopathic medicine and notarized. The board will furnish a health certificate form.

[ (d)

Each applicant must submit to the board the following. ]

[ (1)

The original of the application for enrollment form, completed and notarized. If the applicant is attending on a part-time basis, he or she shall specify that on the upper right corner of the original. ]

[ (2)

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 phonographs, size two-inch by two-inch, with applicant's signature on front. No Polaroid photographs will be accepted. ]

[ (4)

A current health certificate, signed by a physician or doctor of osteopathic medicine and notarized. The board will furnish a health certificate form. ]

§51.21.Enrollment Application Deadline.

Application for enrollment in a barber school or college must be sent to the [ office of the ] board in complete form within seven days of actual date of enrollment[ . ] , which shall be no earlier than the date of the physician statement required by §51.20.

§51.23.Student Certificate.

(a)

After the board receives the completed application for enrollment [ enrollment application is accepted, ] the board will issue a student certificate which gives the student the right to do barber service only in the school. Affixed to the student certificate issued by the board will be a current photograph furnished by the student to the school in accordance with §51.20. No student certificate is valid unless this photograph is attached thereto.

(b)

The student certificate shall show the date of enrollment, which shall be no earlier than the date of the physician statement, and the expiration date, which shall be 12 months after the date of enrollment. If a student has not completed the 1500 hours required by §51.30 within this 12 month period, upon request by the school or college the board will issue a new student certificate for an additional 12 month period. [ The manager or owner of the barber school or college shall be responsible for keeping the student certificate with photograph and producing it upon request by any board member, officer, or inspector. ]

(c)

The manager or owner of a barber school or college is responsible for ensuring that a student certificate is on display at all times during the students enrollment at or near the students work station. No student may accrue hours for practical work or theory unless the certificate is displayed in accordance with this subsection. [ The student certificate shall show the date of enrollment (first day attending) and the expiration date (date on which the student will complete the course if attendance is regular). ]

§51.24.Interruption of Attendance.

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 certificate to the board within seven days after such withdraw, or interruption. The manager or owner of the barber school or college shall write on the back of the certificate the last day of the student's attendance and the number of credit hours accrued by the student and shall sign the student certificate. [ the student certificate shall be sent to the office of the board at once. The date of interruption (last day attending) and the number of hours credit accumulated shall be written on the back of the certificate and signed by the manager or owner. ]

§51.25.Reenrollment or Transfer [ Notification ].

(a)

If a student returns to the same school or college [ or transfers to another school ] after [ an ] interruption [ , ] the school or college shall notify the board in writing and a new student certificate shall [ will ] be issued. [ The reenrollment notification shall be in the office of the board no later than seven days after the date of reenrollment. ]

(b)

When a barber school or college accepts a transfer of a student from another school or college the accepting school, shall on behalf of the student, submit to the board in writing the student's enrollment application and a request that the board issue a new student certificate for the transferring student. [ The school shall provide the office of the board with the date of reenrollment (first day student returns to classes). ]

(1)

Upon receipt of the accepting schools notification of transfer the board shall notify the school or college at which the student was formerly enrolled of such transfer.

(2)

upon receipt of the boards transfer notification the manager or owner of the barber school or college shall, within seven days of receipt of the boards transfer notification, send to the board the student certificate with the following information written on the back:

(A)

the last day of the student's attendance;

(B)

the number of credit hours accrued by the student;

(C)

and the managers or owners signature.

(c)

No reenrolled or transferred students may take instruction or accrue hours for practical work or theory unless the new student certificate issued by the board is on display at or near the students work station. [ If a student is a transfer, the board requires the name of the school from which he or she transferred and the approximate date of enrollment in that school. ]

(d)

A student who is reenrolled after a period of 90 days interruption shall furnish the office of the board with a new health certificate.

§51.26.Student Progress Reports.

(a)

Each barber school or college must send to the office of the board a monthly progress report of hours accrued [ acquired ] by each student enrolled.

(b)

The report shall contain the information listed in §51.38. [ The report is to be made on forms prescribed by the board and printed, secured, or reproduced at the school's or college's expense. Computer printouts will be accepted provided the formatting is the same. ]

(c)

The report is due in the board's office no later than the 15th day of the month following the month covered in the report.

(d)

The executive director or the board may refuse to accept student hours for:

(1)

schools' failure to staff school with qualified instructors and teachers;

(2)

lack of presence of presence of qualified instructors and teachers in the schools; and

(3)

schools' failure to conduct required instruction in theory and practical training.

[ (e)

Hours not accepted by the executive director or the board may be reinstated at the discretion of the board or the executive director, upon correction of existing conditions. ]

§51.30.Registered Barber Course.

The curriculum to prepare a student for the examination for the registered barber license will consist of 1,500 hours to include the following:

(1)

Eight hours of orientation, consisting of:

(A)

rules and regulations of the school;

(B)

introduction to school personnel and students; and

(C)

outlay of school facilities conducted.

(2)

One hundred and eighty hours of theory, consisting of:

(A)

history of barbering, one hour;

(B)

professional ethics, four hours;

(C)

hygiene and good grooming, one hour;

(D)

bacteriology, sterilization, and sanitation, thirty hours;

(E)

barber implements, one hour;

(F)

honing and stropping, one hour;

(G)

shaving, five hours;

(H)

haircutting, male and female, two hours;

(I)

cutting and processing curly and over-curly hair, two hours;

(J)

mustaches and beards, one hour;

(K)

shampooing and rinsing, two hours;

(L)

scalp, hair treatments and skin, five hours;

(M)

theory of massage of scalp, face and neck, two hours;

(N)

facial treatments, one hour;

(O)

anatomy, physiology, and histology, 50 [ 80 ] hours, consisting of the study of:

(i)

hair;

(ii)

skin;

(iii)

muscles;

(iv)

nerves;

(v)

cells

(vi)

circulatory system

(vii)

digestion; and

(viii)

bones;

(P)

disorders of the skin, scalp, and hair, 10 hours;

(Q)

electricity and light therapy, one hour;

(R)

chemistry, five hours;

(S)

barber shop management, five hours;

(T)

Texas Barber Law, 35 [ five ] hours;

(U)

Scientific fundamentals of barbering, four hours'

(V)

Cosmetic preparations, three hours;

(W)

Sanitary professional techniques, four hours; and

(X)

Salesmanship, five hours.

(3)

One thousand, three hundred and twelve hours of instruction in practical work, consisting of the study of:

(A)

barber implements, 10 hours;

(B)

shaving, 80 hours;

(C)

haircutting or the process of cutting, tapering, trimming, processing, and molding and dressing the hair, 800 hours, consisting of:

(i)

men's haircutting;

(ii)

children's [ boys' ] haircutting;

(iii)

women's haircutting;

(iv)

cutting and processing curly and over-curly hair; and

(v)

razor cutting;

(D)

shampooing and rinsing, 40 hours;

(E)

scalp, hair treatments, and tonics, 10 hours;

(F)

message and facial treatments, 10 hours;

(G)

bleaching and dyeing of the hair, 30 hours;

(H)

arranging, 10 hours;

(I)

beautifying, 10 hours;

(J)

beards and mustaches, 15 hours;

(K)

processing, 15 hours;

(L)

manicuring, 1 hour [ 25 hours ];

(M)

styling, 55 hours;

(N)

cleansing, 25 hours;

(O)

curling, 15 hours;

(P)

dressing, 15 hours;

(Q)

shaping, 15 hours;

(R)

singeing, 7 hours;

(S)

straightening, 25 hours;

(T)

waving hair, 28 hours;

(U)

clipping, 15 hours;

(V)

hair weaving and hairpieces, 17 hours;

(W)

scientific fundamentals of barbering, 10 hours;

(X)

professional ethics, 22 [ 10 ] hours;

(Y)

barber shop management, 22 [ 10 ] hours;

(Z)

first aid and safety precautions, 10 hours;

§51.39.Barber Refresher Course.

(a)

The purpose of a barber refresher course is to renew or update the skills of a currently licensed ,or one barber who has not practiced for a period of time, or to prepare a formerly licensed barber for the state board examination.

(b)

An applicant for a barber refresher course must hold a current or expired barber license issued by the State of Texas or another state [ or country ].

(c)

An applicant for a barber refresher course must comply with all standard student enrollment requirements, and must submit a photocopy of said current or expired barber license with the enrollment application.

(d)

The curriculum for a barber refresher course will consist of 300 hours to include.

(1)

10 hours of theory instruction in Texas barber laws;

(2)

290 hours of instruction in practical work, to include:

(A)

haircutting- 160 [ 150 ],

(B)

permanent waving and chemical application-75;

(C)

styling, curling, and blow-drying-55 . [ ; and ]

[ (D)

manicuring-10. ]

(e)

All hours earned by a student in a barber refresher course must be reported to the board on the school's monthly progress report, and the student certificate must be returned by the school owner or manager with in 7 days [ promptly ] to the board office when the student has completed 300 hours.

(f)

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.

§51.40.All Other Businesses Prohibited in a Barber College.

No business other than the teaching and practicing of barbering can be operated on the premises of a barber school or college[ . ] , with the exception of vending machines or retail products directly relating to hair care.

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 21, 2000.

TRD-200002063

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: May 7, 2000

For further information, please call: (512) 305-8475


22 TAC §§51.22, 51.36, 51.37

(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 State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas State Board of Barber Examiners proposes the repeal of §§51.22; 51.36, and 51.37 concerning Barber Colleges, Schools, and Students. The board proposes repealing these rules in accordance with the board's Rule Review Plan adopted pursuant to Article IX, §167 of the Appropriations Act. The proposed repeal of § 51.22 Date of Enrollment eliminates a rule that has become obsolete due to the proposed amendment to §51.21. The proposed repeal of §§ 51.36, and 51.37 will remove forms from the board's formal rules, thereby allowing greater flexibility for the board to change its forms from time to time without the requirement of a rulemaking proceeding to do so.

Will K. Brown, Executive Director, has determined that, for each of the first five years that the proposed repeal is in effect: (1) there are no foreseeable implications relating to cost or revenues of the state or local governments as a result of the repeal; (2) the public benefit of the proposed repeal will be the reduction in time to implement revision of forms and the elimination of a rule that has become obsolete; (3) there is no foreseeable economic cost to persons required to comply with the proposed repeal. Mr Brown has also determined that there will be no effect on small businesses as a result of the proposed repeal.

Comments on the proposed repealed rules may be submitted to Will K. Brown, Executive Director, Texas State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin, Texas 78701 no later than 30 days from the date that the proposed action is published in the Texas Register .

The repeals are proposed under former Texas Barber Law, Texas Civil Statutes, Article 8407a, Section 28 (a), (repealed) now recodified by House Bill 3155 as Chapter 1601 OCCUPATIONS CODE (1999) which vest the board to make and enforce all rules and regulations necessary for the performance of its duties.

The following are the Statutes, Articles, or codes effected by the proposed repealed rules: §51.22 Date of Enrollment - §§9(b), 9(e); 51.36 Enrollment Application Form - §§8, 9(b); 51.37 Student Certificate Form - §8.

§51.22.Date of Enrollment.

§51.36.Enrollment Application Form.

§51.37.Student Certificate Form.

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 21, 2000.

TRD-200002064

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: May 7, 2000

For further information, please call: (512) 305-8475


Subchapter D. BARBER SHOPS

(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 State Board of Barber Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

22 TAC §51.91, §51.93

The Texas State Board of Barber Examiners proposes the repeal of §51.91 and §51.93, concerning Barber Shops. The board proposes repealing these rules in accordance with the board's Rule Review Plan adopted pursuant to Article IX, §167 of the Appropriations Act. The proposed repeal of §51.91 Separation of Barber Shop and Beauty Parlor eliminates a rule that has become obsolete. The proposed repeal of §51.93 Inspection Report will remove the form from the board's formal rules, thereby allowing greater flexibility for the board to change its forms from time to time without the requirement of a rulemaking proceeding to do so.

Will K. Brown, Executive Director, has determined that, for each of the first five years that the proposed repeal is in effect: (1) there are no foreseeable implications relating to cost or revenues of the state or local governments as a result of the repeal; (2) the public benefit of the proposed repeal will be the reduction in time to implement revision of forms and the elimination of a rule that has become obsolete; (3) there is no foreseeable economic cost to persons required to comply with the proposed repeal. Mr. Brown has also determined that there will be no effect on small businesses as a result of the proposed repeal.

Comments on the proposed repealed rules may be submitted to Will K. Brown, Executive Director, Texas State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin , Texas 78701 no later than 30 days from the date that the proposed action is published in the Texas Register .

The repeals are proposed under former Texas Barber Law, Texas Civil Statutes, Article 8407a, Section 28a, (repealed) now recodified by House Bill 3155 as Chapter 1601 OCCUPATIONS CODE (1999) which vest the board to make and enforce all rules and regulations necessary for the performance of its duties.

The following are the Statutes, Articles, or codes effected by the proposed repealed rules: §51.91 Separation of Barber Shop and Beauty Parlor - §§3, 4; §51.93 Inspection Report - §§1, 2.

§51.91.Separation of Barber Shop and Beauty Parlor.

§51.93.Inspection Report.

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 21, 2000.

TRD-200002066

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: May 7, 2000

For further information, please call: (512) 305-8475


Chapter 51 PRACTICE AND PROCEDURE

The Texas State Board of Barber Examiners proposes amendments to §§51.92; 51.95; 51.97, concerning Barber Shops and §51.101, concerning Advertising. The amendments are proposed in accordance with board's Rule Review Plan adopted pursuant to Article IX, §167 of the Appropriations Act. The proposed amendments to §51.92 Barber Pole (Symbol of Barbering Since Ancient Days) (a) changes the traditional barber pole colors to red, white and the optional blue. In (b) adds or any phrase containing the word "Barber" and removes (c) in its entirety. The proposed amendments to §51.95 No Other Businesses in a Barber Shop or Specialty Shop changes (a) adding the word "consumption" and that all food and drink must be disposed of in a closed container. This amendment also removes (d) in its entirety. The proposed amendments to §51.97 Booth Rental Permit clarifies if the barber pays there own withholding taxes, have no proof or documentation of employment they are required to have a booth rental permit. The proposed amendments to §51.101 Barber Advertisements states only a barber school or a licensed barber may advertise in the yellow pages in a telephone directory under "Barber."

Will K. Brown, Executive Director, has determined that, for each of the first five years that the proposed rules will be in effect: (1) there are no foreseeable implications relating to cost or revenues of the state or local governments as a result of enforcing for administering the rules; (2) the public benefit of the proposed rules will be clarification of the board's requirements of examinees and licensees and the provision of a secure method of handling funds submitted by examinees and licensees; and (3) there is no foreseeable economic cost to persons required to comply with the proposed rules. Mr. Brown has also determined that there will be no effect on small businesses as a result of the proposed amendments.

Comments on the proposed rules may be submitted to Will K. Brown, Executive Director, Texas State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin, Texas 78701 no later than 30 days from the date that these proposed amendments are published in the Texas Register .

Subchapter D. BARBER SHOPS

22 TAC §§51.92, 51.95, 51.97

The amendments are proposed under Texas Barber Law, former Texas Civil Statutes, Article 8407a, §28(a), (repealed) now recodified laws House Bill 3155 as Chapter 1601 OCCUPATIONS CODE (1999) which vest the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

The following sections of the Texas Civil Statute, Article 8407a are effected by the proposed amendments as follows: 51.92 Barber Pole (Symbol of Barbering Since Ancient Days) - §§2, 4; 51.95 No Other Businesses in a Barber Shop or Specialty Shop - §§3, 4, 15A, 18; 51.97 Booth Rental Permit - §§1,2;.

§51.92.Barber Pole (Symbol of Barbering Since Ancient Days).

(a)

Each barber shop may display a barber pole this pole shall be the traditional red, white with the optional blue. [ on the exterior or visible of the shop. This pole shall be red, white, and blue, and a minimum of 12 inches high. ]

(b)

In addition, barber shops shall display the words "Barber Shop" or "Barber Salon" or any phrase containing the word "Barber" on the entrance door or window of the shop in letters at least three inches high.

(c)

This rule [ section ] applies to all existing shops and all new shops licensed by the board [ without barber poles and words "Barber Shop" or "Barber Salon" as specified above. (Note: At the board meeting July 5, 1976, the members agreed that a barber pole in the form of a painting on the window or a decal of a barber pole on the window or door will be acceptable, provided it is 12 inches tall and of a permanent type) ].

§51.95.No Other Businesses in a Barber Shop or Specialty Shop.

(a)

A barber shop or specialty shop shall not prepare for sale [ selling and ] or consumption food and drink except by vending machine, any food or drink must be disposed of in a closed container and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area. This rule will not apply to a licensed barber shop or specialty shop in a department store when the sale of food and drink is not immediately adjacent to the shop.

(b)

No products may be sold in a barber shop or specialty shop other than products related to the practicing of barbering, including, but not limited to shampoos and treatment products, hair dyes, bleaches, wigs, toupees and hairpieces, cosmetic preparations and skin treatments, manicuring preparations, and implements, appliances, or ornaments used on the hair, skin, or nails.

(c)

No services may be sold or in any way offered in a barber shop or specialty shop other than services traditionally associated with the practice of barbering, including the cleaning and shining of shoes

[ (d)

Businesses selling products and/or services not related to the practice of barbering and located adjacent to a barber shop or specialty shop shall be separated from the shop by a solid wall and have a separate entrance. ]

§51.97.Booth Rental Permit.

(a)

Licensed barbers or specialist that contract, lease, or rent a booth in a barber shop or specialty shop must have an individual booth rental permit.

(b)

Booth rental is defined as a shop within a shop. Even though you do not own the shop, you are responsible for the area in which you rent.

(c)

If you are issued a W2 form by the owner of the shop at the end of the year, the owner of the shop pays your withholding taxes. You are not required to have a booth rental permit.

(d)

If you are self employed and pay your own withholding taxes, or have no proof or documentation of employment you are required to have a booth rental permit.

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 21, 2000.

TRD-200002067

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: May 7, 2000

For further information, please call: (512) 305-8475


Subchapter E. ADVERTISING

22 TAC §51.101

The amendments are proposed under Texas Barber Law, former Texas Civil Statutes, Article 8407a, §28(a), (repealed) now recodified laws House Bill 3155 as Chapter 1601 OCCUPATIONS CODE (1999) which vest the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for all persons licensed or practicing under the provision of the Texas Barber Law, and to regulate the practice and teaching of barbering in keeping with the intent of the Texas Barber Law and to ensure strict compliance with the Texas Barber Law.

The following sections of the Texas Civil Statute, Article 8407a are effected by the proposed amendments as follows:.51.101 Barber Advertisements - §§26c, 27a.

§51.101.Barber Advertisements.

Only a [ A ] barber school or a person who is a licensed barber may advertise in the yellow pages of the telephone directory under "Barber." The board may [ will ] notify the administration of any [ the ] telephone company or yellow page provider [ for Texas ] of this ruling.

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 21, 2000.

TRD-200002068

Will K. Brown

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: May 7, 2000

For further information, please call: (512) 305-8475