The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Act--Texas Occupations Code, Chapters 1601 and
1603.
(2) Barber Establishment--A barbershop, mini-barbershop,
specialty shop, dual shop, mini-dual shop, mobile shop, or school
that is subject to regulation under the Act.
(3) Barber Instructor--A person who holds a license
issued by the department to perform the acts of barbering for which
the person will provide instruction at a licensed barber or cosmetology
school.
(4) Barber School--An entity that holds a permit issued
under this chapter to teach the practice of barbering and that may
be privately or publicly funded. The term includes a barber college.
(5) Barber Technician--A person who holds a specialty
license and who is authorized to practice the services defined in
Texas Occupations Code §1601.002(1)(C), (D), (F), and (G).
(6) Barber Technician/Hair Weaver--A person who holds
a specialty license and who is authorized to practice the services
defined in Texas Occupations Code §1601.002(1)(C), (D), (G) and
(H).
(7) Barber Technician/Manicurist--A person who holds
a specialty license and who is authorized to practice the services
defined in Texas Occupations Code §1601.002(1)(C) - (G).
(8) Beard--The beard extends from below the line of
demarcation and includes all facial hair regardless of texture.
(9) Board--The Advisory Board on Barbering.
(10) Booth Rental Permit--A permit issued or renewed
to an applicant at the same time the applicant is issued one of the
following license types: barber, barber instructor, barber technician,
manicurist, barber technician/manicurist, barber technician/hair weaver,
or hair weaver; which allows the holder to lease space on the premises
of a barber shop, specialty shop, mini-barbershop, dual shop, or mini-dual
shop to engage in the practice of barbering as an independent contractor.
(11) Class A Barber--A person authorized by the department
to perform any act or practice of barbering under Texas Occupations
Code §1601.002.
(12) Commission--The Texas Commission of Licensing
and Regulation.
(13) Common Area--An area within a barbering establishment
that contains equipment and facilities available for use by all persons
who practice barbering on the premises under a license, certificate,
or permit issued under this chapter.
(14) Department--The Texas Department of Licensing
and Regulation.
(15) Digital Network--Any online-enabled application,
Internet website, or system offered or used by a remote service business
that allows a client to arrange for a digitally prearranged remote
service.
(16) Digitally Prearranged Remote Service--A barbering
or cosmetology service performed for compensation by a person holding
a license, certificate of registration, or permit under Texas Occupations
Code, Chapter 1601 or 1602 or this chapter that is:
(A) prearranged through a digital network; and
(B) performed at a location other than a place of business
that is licensed or permitted under Texas Occupations Code, Chapter
1601, 1602, or 1603.
(17) Distance Education--A formal instructional process
in which the student and teacher are separated by physical distance
and a variety of communication technologies are used to deliver instruction
in theory to the student. Courses taught by distance education do
not satisfy the requirements of the practical portion of the course
curriculum.
(18) Dual Shop--A shop owned, operated, or managed
by a person holding a dual barber and beauty shop license issued under
Texas Occupations Code, Chapter 1603.
(19) Guest Presenter--A person who possesses subject
matter knowledge in a specific curriculum topic and who has the teaching
ability necessary to impart the information to students. Instruction
is limited to the presenter's area of expertise and a licensed instructor
must be present during the classroom sessions in order for students
to earn hours.
(20) Hair Relating to Haircutting--The hair extending
from the scalp of the head is recognized as the hair trimmed, shaped,
or cut in the process of hair cutting.
(21) Hair Weaver--A person who holds a Hair Weaving
Specialty Certificate of Registration and who may perform only the
practice of barbering as defined in Texas Occupations Code, §1601.002(1)(H).
(22) License--A license, permit, certificate, or registration
issued under the authority of the Act.
(23) License by Substantial Equivalence--A process
that permits a barber license holder from another jurisdiction or
foreign country to obtain a Texas barber license without repeating
barber education or examination license requirements.
(24) 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.
(25) Manicurist--A person who holds a specialty license
and who is authorized to practice the services defined in Texas Occupations
Code §1601.002(1)(E) and (F).
(26) Mini-Barbershop--A barber establishment in which
a person practices barbering under a license, certificate, or permit
issued under this chapter and which consists of a room or suite of
rooms that is one of a number of connected establishments in a single
premises that open onto a common hallway or common area.
(27) Mini-Barbershop Permittee--A person or entity
that holds a license for a mini-barbershop or mini-dual shop. The
mini-barbershop permittee shall be responsible for rules under Texas
Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters
82 and 83 for its mini-barbershop or mini-dual shop.
(28) Mini-Dual Shop--A shop owned, operated, or managed
by a person holding a mini-barber and mini-beauty shop license under
Texas Occupations Code §1603.207.
(29) Mobile Shop--A barbershop, specialty shop, or
dual shop that is operated in a self-contained, self-supporting, enclosed
mobile unit.
(30) Provisional license--A license that allows a person
to practice barbering in Texas pending the department's approval or
denial of that person's application for licensure by substantial equivalence.
(31) Remote Service Business--A corporation, partnership,
sole proprietorship, or other entity that, for compensation, enables
a client to schedule a digitally prearranged remote service with a
person holding a license, certificate of registration, or permit under
Texas Occupations Code, Chapters 1601, 1602, or 1603.
(32) Self-Contained--Containing within itself all that
is necessary to be able to operate without connecting to outside utilities
such as water and electricity.
(33) Sideburn--Part of a haircut or style that is a
continuation of the natural scalp hair growth, does not extend below
the line of demarcation, and is not connected to any other bearded
area on the face.
(34) Special Event--Includes weddings, quinceaneras,
pageants, proms, debutante balls, birthday parties, religious and
cultural ceremonies, and on-stage performances.
(35) Specialty Shop--A barber establishment in which
only the practice of barbering as defined in Texas Occupations Code §1601.002(1)(E),
(F), or (H) is performed.
(36) Student Permit--A permit issued by the department
to a student enrolled in barber school which states the student's
name and the name of the school. A person holding an active student
permit may shampoo and condition a person's hair in a facility licensed
under Texas Occupations Code, Chapters 1601 and 1603.
(37) Weaving--The process of attaching, by any method,
commercial hair (hair pieces, hair extensions) to a client's hair
and/or scalp. Weaving is also known as hair integration or hair intensification.
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Source Note: The provisions of this §82.10 adopted to be effective December 8, 2005, 30 TexReg 8075; amended to be effective March 1, 2006, 31 TexReg 1268; amended to be effective August 1, 2006, 31 TexReg 5947; amended to be effective October 11, 2007, 32 TexReg 7048; amended to be effective January 1, 2008, 32 TexReg 9966; amended to be effective February 1, 2012, 37 TexReg 319; amended to be effective January 1, 2014, 38 TexReg 9518; amended to be effective July 1, 2014, 39 TexReg 4646; amended to be effective January 1, 2016, 40 TexReg 8758; amended to be effective January 15, 2018, 43 TexReg 79; amended to be effective March 15, 2020, 45 TexReg 1688; amended to be effective January 1, 2023, 47TexReg 8636 |