16 Tex. Admin. Code § 83.2 - Transition Provisions
(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.
Notes
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