The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Occupations Code Chapter 1603.
(2) Barbering--The services described by §1603.0011(a)
and (b) of the Act.
(3) Board--The Barbering and Cosmetology Advisory Board.
(4) Class A Barber--A person who holds a class A barber
license and who is authorized to perform any barbering service under
Texas Occupations Code §1603.0011(a) and (b).
(5) Commission--The Texas Commission of Licensing and
Regulation.
(6) Common Area--An area within an establishment or
school which contains equipment and facilities available for use by
all persons who practice barbering or cosmetology on the premises
under a license or permit issued under this chapter or Texas Occupations
Code, Chapter 1603.
(7) Cosmetology--The services described by §1603.0011(a)
and (c) of the Act.
(8) Department--The Texas Department of Licensing and
Regulation.
(9) 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.
(10) Digitally Prearranged Remote Service--A barbering
or cosmetology service performed for compensation by a person holding
a license under this chapter that is:
(A) prearranged through a digital network; and
(B) performed at a location other than an establishment.
(11) 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 standards.
(12) Establishment--A place licensed under Subchapter
E-2 of the Act where barbering or cosmetology is practiced. This term
includes mini-establishments and mobile establishments, but does not
include public or private schools.
(13) Esthetician--A person who holds a specialty license
and who is authorized to practice the services defined in Texas Occupations
Code §1603.0011(a)(3)-(6), and (c). The term esthetician in this
chapter includes the term facialist.
(14) Esthetician/Manicurist--A person who holds a specialty
license and who is authorized to practice the services defined in
Texas Occupations Code §1603.0011(a)(3)-(8), and (c). An esthetician/manicurist
may also be known as a "manicurist/esthetician."
(15) Executive Director--The executive director of
the Texas Department of Licensing and Regulation.
(16) Eyelash Extension Application--The process of
applying and removing a semi-permanent, thread-like, natural or synthetic
single fiber to an eyelash, including cleansing of the eye area and
lashes prior to applying and after removing extensions.
(17) Eyelash Extension Specialist--A person who holds
a specialty license and who is authorized to practice the service
defined in Texas Occupations Code §1603.0011(c).
(18) Full-service Establishment--An establishment authorized
to perform all services defined as barbering or all services defined
as cosmetology under the Act.
(19) Guest Presenter--A person who possesses subject
matter knowledge in specific curriculum topics and who has the teaching
ability necessary to impart the information to cosmetology students.
Instruction is limited to the presenter's area of expertise and an
instructor must be present during the classroom session in order for
students to earn hours.
(20) Hair weaving specialist--A person who holds a
hair weaving specialty license and who is authorized to practice the
services defined in Texas Occupations Code §1603.0011(a)(9).
(21) Hair weaving specialist/esthetician--A person
who holds a hair weaving specialist/esthetician specialty license
and who is authorized to practice the services defined in Texas Occupations
Code §1603.0011(a)(3)-(6), (9), and (c). A hair weaving specialist/esthetician
may also be known as an "esthetician/hair weaving specialist."
(22) Instructor--An individual who holds a license
issued by the department under Subchapter E-1 of the Act to perform
the acts of barbering or cosmetology for which the person will provide
instruction at a school licensed under this chapter.
(23) Law and Rules Book--A publication prepared and
issued in a format prescribed by the department containing Texas Occupations
Code Chapter 1603, and 16 Texas Administrative Code Chapter 83.
(24) License--A permit, certificate, approval, registration,
or other similar permission issued by the department under Texas Occupations
Code, Chapter 1601, 1602, or 1603. The term does not include a student
permit.
(25) License by substantial equivalence--A process
that permits a barbering or cosmetology license holder from another
jurisdiction or foreign country to obtain a Texas barbering or cosmetology
license without repeating barbering or cosmetology education or examination
license requirements.
(26) Manicurist--A person who holds a manicurist specialty
license and who is authorized to practice the services defined in
Texas Occupations Code §1603.0011(a)(7)-(8).
(27) Mini-Establishment--A barbering or cosmetology
establishment in which a person practices barbering or cosmetology
under a license 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.
(28) Mini-Establishment Licensee--A person or entity
that holds a license for a mini-establishment. The mini-establishment
licensee must be responsible for all requirements under the Act and
this chapter for the mini-establishment.
(29) Mobile Establishment--An establishment or specialty
establishment that is operated in a self-contained, self-supporting,
enclosed mobile unit.
(30) Operator--A person who holds a cosmetology operator
license and who is authorized to perform any cosmetology service under
Texas Occupations Code §1603.0011(a) and (c).
(31) Practitioner--A person holding any individual
practitioner license issued under Subchapter E-1 of the Act to perform
barbering or cosmetology services.
(32) Preparation--A substance used to beautify a person's
face, neck or arms or to temporarily remove superfluous hair from
a person's body including but not limited to antiseptics, tonics,
lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.
(33) Private School--A private postsecondary school
licensed under Subchapter E-3 of the Act that offers instruction in
any barbering or cosmetology service.
(34) Provisional license--A license that allows a person
to practice barbering or cosmetology in Texas pending the department's
approval or denial of that person's application for licensure by substantial
equivalence.
(35) Public School--A public secondary or postsecondary
school licensed under Subchapter E-3 of the Act that offers instruction
in any barbering or cosmetology service.
(36) 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 under Subchapter E-1 of the Act.
(37) Safety Razor--A razor that is fitted with a guard
close to the cutting edge of the razor that is intended to prevent
the razor from cutting too deeply and reduces the risk and incidence
of accidental cuts.
(38) School--A public school or private school licensed
under Subchapter E-3 of the Act that offers instruction in any barbering
or cosmetology service.
(39) Self-Contained--Containing within itself all that
is necessary to be able to operate without connecting to outside utilities
such as water and electricity.
(40) Special Event--An event of cultural, social, or
religious significance justifying off-site provision of barbering
or cosmetology services, including weddings, quinceaneras, pageants,
proms, debutante balls, birthday parties, religious and cultural ceremonies,
and on-stage performances.
(41) Specialty Establishment--An establishment in which
only services defined in Texas Occupations Code §1603.0011(a)(3)-(9)
and (c) are performed. Specialty establishments may only perform the
services for which the establishment is licensed.
(42) Specialty Instructor--An individual acting as
an instructor who holds a practitioner license that is not class A
barber or cosmetology operator.
(43) Student Permit--A permit issued by the department
under this chapter to a student enrolled in a school which states
the student's name and the name of the school.
(44) Tweezing Technique--Any type of temporary hair
removal procedure involving the extraction of hair from the hair follicle
by use of, but not limited to, an instrument, appliance or implement
made of metal, plastic, or other material.
(45) 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.
(46) Wet disinfectant soaking container--A container
with a cover to prevent contamination of the disinfectant solution
and of a sufficient size such that the objects to be disinfected may
be completely immersed in the disinfectant solution.
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Source Note: The provisions of this §83.10 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective January 1, 2008, 32 TexReg 9970; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 1, 2014, 38 TexReg 9520; amended to be effective July 1, 2014, 39 TexReg 4650; amended to be effective January 1, 2016, 40 TexReg 8759; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1,2023, 47 TexReg 8640 |