|(a) A mobile establishment must comply with all health
and safety requirements and all other requirements of the Act and
this chapter for establishments or specialty establishments, as applicable,
except as modified by this section or as otherwise indicated.
(b) A mobile establishment license holder must maintain
a permanent physical address as required by §83.22(c). The mobile
establishment must notify the department in writing of any change
in mailing address within 10 calendar days of the change.
(c) Records of the following must be kept within the
mobile establishment unit and made available for inspection by department
personnel: appointments; itineraries, if the establishment submits
itineraries to the department as provided by subsection (d); license
numbers of employees and independent contractors; and vehicle identification
numbers of the mobile establishment. Records of appointments and itineraries
must be kept for a period of at least one year from the date the record
(d) A mobile establishment must either:
(1) have a Global Positioning System (GPS) tracking
device that enables the department to track the location of the mobile
establishment over the internet and meet the following requirements:
(A) the device must be on board and functioning at
all times the mobile establishment is in operation or open for business;
(B) the mobile establishment must provide the department
with all information necessary to track the establishment over the
(2) submit to the department, in a manner specified
by the department, a weekly itinerary showing the dates, exact locations,
and times of service to be provided. The license holder must submit
the itinerary not less than 7 calendar days prior to the beginning
of service described in the itinerary and must submit to the department
any changes in the itinerary not less than 24 hours prior to the change.
A mobile establishment must follow the itinerary in providing service
and notify the department of any changes.
(e) Furniture must be anchored to the mobile establishment
(f) All chemicals in the mobile establishment must
be stored in cabinets secured with safety catches and must be stored
separate and apart from other articles or equipment in the establishment.
(g) A mobile establishment must display on both sides
of the exterior of the mobile establishment, the mobile establishment's
license number and a sign stating the name of the establishment.
(h) A mobile establishment must have a water heater
that provides fresh, hot water continuously and on demand.
(i) A mobile establishment unit must have a fresh water
tank holding a sufficient amount of fresh water to perform the day's
business. If a mobile establishment unit's fresh water supply is depleted,
operation must cease until the supply is replenished.
(j) A mobile establishment must have a functioning
restroom available for use on the premises where the mobile establishment
is located when providing services.
(k) No services may be performed outside the mobile
establishment or while the mobile establishment is in motion.
(l) A mobile establishment may not be used as a residence
or for any other purpose besides providing barbering or cosmetology
|Source Note: The provisions of this §83.78 adopted to be effective January 1, 2008, 32 TexReg 9970; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective January 1, 2023, 47 TexReg 8640