SB 1394

86(R) - 2019
Senate Business & Commerce
Senate Business & Commerce

Vote Recommendation

  • Negative
  • Neutral
  • Neutral
  • Negative
  • Negative


Kel Seliger

Bill Caption

Relating to the regulation of companies that prearrange barbering and cosmetology services outside of certain facilities; requiring an occupational license; authorizing fees.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 1394 would impose certain regulations on digitally pre-arranged remote services. This bill defines a "remote service business" as an 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 for barbering or cosmetology. The Texas Commission of Licensing and Regulation would adopt minimum standards for operation and sanitation of a remote service business, and determine activities that may be performed as a digitally prearranged remote service. Additionally, the Commission would establish procedures for inspecting and auditing the records of these businesses.

This bill also requires a licensed person practicing barbering or cosmetology through a digitally prearranged remote service to provide certain information through the service's digital network, including the person's name, license number, and photograph, and certain information about the business. Only dry haircuts would be allowed; professionals would not be able to offer hair coloring of any sort.

Vote Recommendation Notes

Cosmetologists and barbers are already subject to strict occupational licensure. There is no need to add additional regulations for them to provide on-demand service at remote locations. This bill purports to address unreasonable barriers to entry by creating new unreasonable barriers to entry. Rather than addressing unreasonable barriers to entry by creating new barriers to entry, we recommend the legislature focus on removing existing barriers to entry and allow willing providers to provide services to willing customers on mutually agreeable terms on a free market basis with as little state intervention as possible. 

SB 1394 would grow, rather than shrink, the burden of occupational licensure for barbers and cosmetologists and in doing so violate limited government and free market principles. For these reasons we oppose this legislation.