Bill: HB 4069, 84(R) - 2015

Committee

House Licensing & Administrative Procedures

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
No Negative Neutral Neutral Negative Neutral

Author(s)

Wayne Smith

Bill Caption

Relating to the regulation of barbering and cosmetology.

Fiscal Notes

Based on the analysis of the Department of Licensing and Regulation, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. 

Bill Analysis

HB 4069 would make a few substantive changes to the Occupations Code regarding barbering and cosmetology. 

"Threading" or the removing unwanted eyebrow hair from a person by using a thin piece of thread that is looped around the hair and pulled to remove the hair and includes the incidental trimming of eyebrow hair would not constitute as barbering, practicing barbering, or cosmetology.

A person holding a license, certificate, or permit as a barber or cosmetologist may perform a service within the scope of the license, certificate, or permit at a location other than a licensed facility for a client who receives the services in preparation for a special event, including a wedding or quincea•era. 

HB 4069 would also reduce the time for re-enrollment into barber and cosmetology schools.

Vote Recommendation Notes

HB 4069 would create an extremely narrow exception to the current regulatory statutes that does not come close to covering the threader's scope of practice. HB 4069 would only provide an exception for threading eyebrows despite threading being practiced on other parts of the face and body. 

There is also a Texas Supreme Court case, Patel v. Tex. Dep’t of Licensing & Regulation, pending a declaratory judgment on the constitutionality of the threading regulations. The verdict of this case would determine the balance between economic freedom and the Texas executive branch's police power in terms of health and safety of occupational licensing.

Due to the extremely narrow exception and the pending verdict of the Supreme Court case, we are opposed to this legislation.


Source URL (retrieved on 03/28/2024 03:03 PM): http://reports.texasaction.com/bill/84r/hb4069?print_view=true