(a) Hair weaving specialty certificate. A person who
holds a current and unexpired hair weaving specialty certificate issued
under Texas Occupations Code, Chapter 1602, and this chapter, as those
chapters existed on August 31, 2021, may perform the services described
by Texas Occupations Code §1603.0011(a)(9) until the expiration
of the existing certificate or until a replacement license is issued
under this chapter by the department.
(b) Barbering specialty licenses. Notwithstanding §83.20
of this chapter, a person who holds a current and unexpired license
to practice the following barbering specialties may perform the following
services until the expiration of the existing license or until a replacement
license is issued under this chapter by the department. The department
will assess the applicable renewal fee based upon the replacement
license type for which each barbering specialty is eligible under
this chapter.
(1) Barber technician license. A person holding a barber
technician license issued under Texas Occupations Code, Chapter 1601,
and 16 Texas Administrative Code, Chapter 82, as those chapters existed
on August 31, 2021, may perform any services described by Texas Occupations
Code §1603.0011(a)(3)-(6) or (c), and is eligible for an esthetician
license issued under this chapter.
(2) Manicurist license. A person holding a manicurist
license issued under Texas Occupations Code, Chapter 1601, and 16
Texas Administrative Code, Chapter 82, as those chapters existed on
August 31, 2021, may perform any services described by Texas Occupations
Code §1603.0011(a)(7)-(8), and is eligible for a manicurist license
issued under this chapter.
(3) Barber technician/manicurist specialty license.
A person holding a barber technician/manicurist specialty license
issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative
Code, Chapter 82, as those chapters existed on August 31, 2021, may
perform any services described by Texas Occupations Code §1603.0011(a)(3)-(8)
or (c), and is eligible for a manicurist/esthetician license issued
under this chapter.
(4) Barber technician/hair weaving specialty license.
A person holding a barber technician/hair weaving specialty license
issued under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative
Code, Chapter 82, as those chapters existed on August 31, 2021, may
perform any services described by Texas Occupations Code §1603.0011(a)(3)-(6),
(a)(9), or (c), and is eligible for a hair weaving specialist/esthetician
license issued under this chapter.
(5) Hair weaving specialty certificate of registration.
A person holding a hair weaving specialty certificate of registration
issued Texas Occupations Code, Chapter 1601, and 16 Texas Administrative
Code, Chapter 82, as those chapters existed on August 31, 2021, may
perform any services described by Texas Occupations Code §1603.0011(a)(9),
and is eligible for a hair weaving license issued under this chapter.
(c) Instruction by licensed individual. A person who
holds a current and unexpired license, certificate, or registration
issued under Texas Occupations Code, Chapters 1601 and 1602, and 16
Texas Administrative Code, Chapters 82 and 83, as those chapters existed
on August 31, 2021, may provide instruction and be employed as an
instructor for the acts of barbering or cosmetology for which the
person holds the appropriate license, certificate, or registration.
(d) Barber schools exempt. Notwithstanding §83.72
of this chapter, a person or entity who holds a current and unexpired
barber school permit issued under Texas Occupations Code, Chapter
1601, and 16 Texas Administrative Code, Chapter 82, as those chapters
existed on August 31, 2021, is exempt from the requirement in §83.72(u)
for the school to have a classroom separated from the laboratory area
by walls extending to the ceiling. This exemption remains in effect
until the school's license or permit expires beyond the 18 months
allowed for late renewal, or until the school premises is expanded
or relocated. The school is eligible for a private or public school
license issued under this chapter.
(e) Department approval of school instruction. On or
after September 1, 2023, a person or entity who holds a current and
unexpired school license or permit issued under Texas Occupations
Code, Chapter 1601 or 1602, and 16 Texas Administrative Code, Chapter
82 or 83, as those chapters existed on August 31, 2021, may apply
for approval by the department to provide instruction in any barbering
or cosmetology service described by Texas Occupations Code §1603.0011.
The department must assess the applicable renewal fee for a school
license issued under this chapter.
(1) Before September 1, 2023:
(A) Barber schools may apply for approval by the department
to provide instruction in barbering services; and
(B) Beauty culture schools may apply for approval by
the department to provide instruction in cosmetology services.
(2) On or after September 1, 2023, all schools may
apply for approval by the department to provide instruction in any
barbering or cosmetology service.
(f) Establishment licenses and permits. Notwithstanding §83.22
of this chapter, a person or entity holding any of the following establishment
licenses may provide the following services until the expiration of
their existing license or until they are issued a replacement license
under this chapter by the department. The department will assess the
applicable renewal fee based upon the license type for which the licensee
is eligible under this chapter.
(1) Barbershop permit. A person or entity holding a
barbershop permit issued under Texas Occupations Code, Chapter 1601,
and 16 Texas Administrative Code, Chapter 82, as those chapters existed
on August 31, 2021, may provide any services described by Texas Occupations
Code §1603.0011(a)-(c), and is eligible for a full-service establishment
license issued under this chapter.
(2) Beauty shop license. A person or entity holding
a beauty shop license issued under Texas Occupations Code, Chapter
1602, and 16 Texas Administrative Code, Chapter 83, as those chapters
existed on August 31, 2021, may provide any services described by
Texas Occupations Code §1603.0011(a)-(c), and is eligible for
a full-service establishment license issued under this chapter.
(3) Dual shop license. A person or entity holding a
dual shop license issued under Texas Occupations Code, Chapter 1603,
and 16 Texas Administrative Code, Chapter 82 or 83, as those chapters
existed on August 31, 2021, may provide any services described by
Texas Occupations Code §1603.0011(a)-(c), and is eligible for
a full-service establishment license issued under this chapter.
(4) Manicurist specialty shop permit. A person or entity
holding a barber manicurist specialty shop permit issued under Texas
Occupations Code, Chapter 1601, and 16 Texas Administrative Code,
Chapter 82, as those chapters existed on August 31, 2021, may provide
any services described by Texas Occupations Code §1603.0011(a)(7)
or (8), and is eligible for a manicurist specialty establishment license
issued under this chapter.
(5) Hair weaving specialty shop permit. A person or
entity holding a barber hair weaving specialty shop permit issued
under Texas Occupations Code, Chapter 1601, and 16 Texas Administrative
Code, Chapter 82, as those chapters existed on August 31, 2021, may
provide any services described by Texas Occupations Code §1603.0011(a)(9),
and is eligible for a hair weaving specialty establishment license
issued under this chapter.
(6) Mini or mobile license. A person or entity holding
a mini or mobile license, issued under Texas Occupations Code, Chapter
1603, and 16 Texas Administrative Code, Chapter 82 or 83, as those
chapters existed on August 31, 2021, may provide any services described
by Texas Occupations Code §1603.0011(a)-(c). The license holder
is eligible for a mini or mobile establishment license, as appropriate,
issued under this chapter.
(g) In this chapter, a reference to a license issued
under the Act also refers to the corresponding license type issued
under Texas Occupations Code, Chapter 1601 or 1602, and 16 Texas Administrative
Code, Chapter 82 or 83, as those chapters existed on August 31, 2021,
as identified in this section.
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