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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 83COSMETOLOGISTS
RULE §83.71Responsibilities of Beauty Salons, Mini-Salons, Specialty Salons, Dual Shops, Mini-Dual Shops and Booth Rentals

(a) Each establishment must have a copy of the current law and rules book.

(b) Each establishment is responsible for compliance with the health and safety standards of this chapter.

(c) Beauty salons, specialty salons and dual shops may lease space to an independent contractor who holds a booth rental (independent contractor) license. The lessor to an independent contractor must maintain a list of all renters that includes the name of renter and the cosmetology license number of the renter. The lessor must supply the department representative with a list of renters upon request.

(d) Beauty salons, specialty salons and dual shops may lease space to mini-salon licensees or mini-dual shop permittees. The lessor must maintain a list of all mini-salon or mini-dual shop license numbers and expiration dates and must provide the list to a department representative upon request.

(e) Mini-salon licensees and mini-dual shop permittees must maintain the name, license number, and license expiration date of each person working in the mini-salon or mini-dual shop.

(f) Cosmetology establishments that lease space to mini-salon licensees or mini-dual shop permittees must maintain all common areas.

(g) Each salon shall comply with the following requirements:

  (1) a sink with hot and cold running water;

  (2) an identifiable sign with the salon's name;

  (3) a suitable receptacle for used towels/linen;

  (4) a wet disinfectant soaking container, large enough to fully immerse tools and implements;

  (5) a clean, dry, debris-free storage area;

  (6) a minimum of one covered trash container; and

  (7) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.

(h) In addition to the requirements of subsection (g):

  (1) beauty salons and mini-salons shall provide the following equipment for each licensee present and providing services:

    (A) one working station;

    (B) one styling chair; and

    (C) a sufficient amount of shampoo bowls.

  (2) manicure salons shall provide the following equipment for each licensee present and providing services:

    (A) one manicure table with light;

    (B) one manicure stool; and

    (C) one professional client chair for each manicure station.

  (3) esthetician salons shall provide the following equipment for each licensee present and providing services:

    (A) one facial bed or chair; and

    (B) one mirror.

  (4) combination esthetician/manicure salons shall provide the following equipment:

    (A) the requirements for manicure salon; and

    (B) the requirements for esthetician salon.

  (5) eyelash extension salons shall provide the following equipment for each licensee present and providing services:

    (A) one facial bed or massage table that allows the consumer to lie completely flat;

    (B) one lamp; and

    (C) one stool or chair.

  (6) wig salons shall provide the following equipment for each licensee present and providing services:

    (A) one mannequin table, station, or styling bar to accommodate a minimum of 10 hairpieces;

    (B) one wig dryer; and

    (C) two canvas wig blocks.

  (7) hair weaving salons shall provide the following equipment for each licensee present and providing services:

    (A) one work station;

    (B) one styling chair; and

    (C) a sufficient amount of shampoo bowls for licensees providing hair weaving services.

  (8) Dual shops shall:

    (A) comply with all requirements of the Act and this chapter applicable to beauty salons;

    (B) comply with all requirements of Texas Occupations Code, Chapter 1601, and Chapter 82 of this title applicable to barbershops;

    (C) if the shop does not currently have employed or have a contract with at least one licensed barber or one licensed cosmetologist, the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber or no cosmetologist is available; and

    (D) if the shop has neither employed nor contracted with at least one licensed barber or cosmetologist for a period of 45 days or more the owner shall:

(i) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering or cosmetology services; and

(ii) remove or obscure any existing sign or symbol indicating that the shop offers barbering or cosmetology services.

  (9) Mini-dual shops shall:

    (A) comply with all requirements of the Act and this chapter applicable to beauty salons; and

    (B) comply with all requirements of Texas Occupations Code, Chapter 1601, and 16 TAC Chapter 82 applicable to barbershops.

      (i) All booth rental licensees acting as independent contractors must have the following items:

  (1) a wet disinfectant soaking container, large enough to fully immerse tools and implements;

  (2) a clean, dry, debris-free storage area;

  (3) a suitable receptacle for used towels/linen; and

  (4) a current law and rules book.

(j) In addition to the requirements in subsection (i), booth rental licensees acting as independent contractors must have the following items.

  (1) If practicing in a beauty salon, one work station and one styling chair.

  (2) If practicing in an esthetician salon, one facial bed or chair and one mirror, wall hung or hand held.

  (3) If practicing in a manicure salon, one manicure table with a light, one manicure stool, and one chair, professional in appearance.

  (4) If practicing in an eyelash extension salon, one facial bed or massage table that allows the consumer to lie completely flat, one stool or chair and one lamp.

(k) Booth rental licensees acting as independent contractors must comply with all state and federal laws relating to independent contractors.

(l) Cosmetology establishments shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.

(m) All licensed facilities must display in a conspicuous place clearly visible to the public a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code, Chapter 1602, §1602.408.


Source Note: The provisions of this §83.71 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 December 15, 2010, 35 TexReg 10956; 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, 2016,40TexReg 8759; amended to be effective January 15, 2018, 43 TexReg 81

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