16 Tex. Admin. Code § 82.10 - Definitions
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/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).
(7) 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).
(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, specialty 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) 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.
(16) 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.
(17) 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.
(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-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.
(28) 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.
(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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.