TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 82. BARBERS

The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.1, 82.10, 82.20, 82.80, and 82.120, regarding the Barbering and Cosmetology program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 82, implement Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology.

The proposed rules are necessary to repeal obsolete rules that are no longer necessary after the consolidation of the rules for barbering and cosmetology into 16 TAC Chapter 83, which took effect September 1, 2023. Provisions in Chapter 82 were left in place to provide details for barbering regarding definitions, licensing provisions, fees, and curriculum requirements that were in effect prior to September 1, 2023. Those provisions are no longer necessary.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Barbering and Cosmetology Advisory Board at its meeting on March 3, 2025. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules repeal Chapter 82, Barbers, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The proposed rules repeal §82.1, Authority, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The proposed rules repeal §82.10, Definitions, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The proposed rules repeal §82.20, License Requirements--Individuals (before September 1, 2023). This repealed section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The proposed rules repeal §82.80, Fees (before September 1, 2023). This section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The proposed rules repeal §82.120, Technical Requirements--Curricula Standards (before August 1, 2023). This section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state governments.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be the removal of any confusion about which rules apply to barbering.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules repeal Chapter 82 in Title 16 of the Texas Administrative Code.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register .

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51 and 1603. No other statutes, articles, or codes are affected by the proposed repeals.

§ 82.1. Authority.

§ 82.10. Definitions.

§ 82.20. License Requirements--Individuals (before September 1, 2023).

§ 82.80. Fees (before September 1, 2023).

§ 82.120. Technical Requirements--Curricula Standards (before August 1, 2023).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2025.

TRD-202500943

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: April 27, 2025

For further information, please call: (512) 463-7750

CHAPTER 83. BARBERS AND COSMETOLOGISTS

The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.2, 83.20, 83.80, 83.120, 83.200, and 83.201; amendments to existing rules at §§83.10, 83.22, 83.23, 83.25, 83.28, 83.31, 83.72, and 83.202; and new rules at §§83.15, 83.20, and 83.80, regarding the Barbering and Cosmetology program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 83, implement Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology.

The proposed rules repeal obsolete transition provisions; reorganize rule sections; clarify definitions and services regulated by the Department; update terminology and citations; clarify licensing provisions for establishments and schools; update school facility and signage requirements; and clarify curriculum requirements.

Four-Year Rule Review

The proposed rules are necessary to implement changes recommended as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department's Notice of Intent to Review 16 TAC Chapter 83, was published in the March 31, 2023, issue of the Texas Register (48 TexReg 1737). At its meeting on October 10, 2023, the Commission readopted the rule chapter in its entirety without changes. The readoption notice was published in the November 10, 2023, issue of the Texas Register (48 TexReg 6613).

In response to the Notice of Intent to Review that was published, the Department received public comments from six interested parties requesting amendments to Chapter 83. The comments suggested changes including reinstating the instructor license; allowing licensees to provide micropigmentation and intradermal cosmetic services; requiring licensees to obtain blood born pathogen certification; requiring only one exam for licensure; removing continuing education requirements; allowing licensed public schools to administer practical exams; and making changes to the subjects and hours listed in the curriculum requirements. These suggested changes are not included in the proposed rules. The proposed rules consist only of changes recommended by Department staff during the rule review process.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Barbering and Cosmetology Advisory Board at its meeting on March 3, 2025. The Advisory Board made the following changes to the proposed rules: A clarifying change was made to §83.80(f). The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules repeal existing §83.2, Transition Provisions. The provisions in this repealed rule consist of transition language to accommodate the consolidation of the Barbering and Cosmetology rules that took effect September 1, 2023. These provisions are no longer necessary.

The proposed rules amend §83.10, Definitions. The proposed rules add clarifying language to the definition of "esthetician"; remove the definition for "esthetician/manicurist" and replace it with the same definition for "manicurist/esthetician" for consistency with statutory terminology; amend the definition for "eyelash extension application" by replacing "and" with "or" and adding language to clarify that the term does not include a temporary strip or cluster of eyelashes attached to the lash line with an adhesive; add clarifying language to the definition for "eyelash extension specialist"; remove an obsolete reference to "cosmetology" in the definition for "guest presenter"; remove obsolete statutory references in the definition for "license"; rephrase the definition for "safety razor" to provide clarity; and renumber the remaining provisions.

The proposed rules add new §83.15, Application of Chapter, to clarify the Department's interpretation of certain provisions of Texas Occupations Code §1603.0013. The proposed rules add new subsection (a) to explain the intent of the section; add new subsection (b) to clarify actions that are considered to be "natural hair braiding"; add new subsection (c) to clarify actions that are not considered to be "natural hair braiding"; add new subsection (d) to clarify the term "cosmetic service" includes any barbering or cosmetology service; add new subsection (e) to clarify the meaning of the term "licensed nursing or convalescent custodial or personal care home"; and add new subsection (f) to clarify that the term "operator license" includes any practitioner license.

The proposed rules repeal existing §83.20, License Requirements--Individuals (before September 1, 2023). The provisions in this repealed rule are replaced with new §83.20, License Requirements--Individuals.

The proposed rules add new §83.20, License Requirements--Individuals. This new rule includes provisions that are relocated from existing §83.200, which is being repealed. The relocated provisions are revised to update rule citations, clarify language regarding criminal history background checks, update terminology for consistency with statutory language, and remove unnecessary transition language.

The proposed rules amend §83.22, License Requirements--Establishments. The proposed rules add new subsection (d) to clarify that a single establishment license may be issued for multiple units or suites operated as a single establishment within the same building or premises.

The proposed rules amend §83.23, License Requirements--Schools. The proposed rules add new subsection (f) to clarify that a single school license may be issued for multiple units or suites operated as a single school within the same building or premises.

The proposed rules amend §83.25, License Requirements--Continuing Education. The proposed rules remove an obsolete citation in subsection (h)(3) and amend subsection (k) to clarify that the subsection applies to a licensee who has held a practitioner license in Texas.

The proposed rules amend §83.28, Substantial Equivalence and Provisional Licensure, by removing obsolete transition language in subsection (a)(6) and amending subsection (k) to remove an obsolete citation and clarify that the subsection applies to documented work experience performed in the jurisdiction outside of Texas in which the person is licensed.

The proposed rules amend §83.72, Responsibilities of Schools. The proposed rules amend subsection (c) to remove the requirement for a school to notify the Department of alterations to its floor plan; amend subsection (f) to remove an obsolete citation; rephrase subsection (h) for clarity; amend subsection (k)(2)(C) to update a citation; amend subsection (q) to update a citation; amend subsection (u) to remove the requirement for a school to have a classroom separated from the laboratory area by walls extending to the ceiling; amend subsection (v)(1) to allow a school to post a copy of the school's most recent inspection report instead of posting a notice that a copy of the report is available upon request; amend subsection (v)(3) to allow a school to post a sign provided by the Department instead of posting a sign in at least 10-inch block letters; and add new subsection (y) to clarify that a school must not allow an instructor to teach services outside the scope of the instructor's practitioner license.

The proposed rules repeal existing §83.80, Fees (before September 1, 2023). The provisions in this repealed rule are replaced with new §83.80, Fees.

The proposed rules add new §83.80, Fees. This new rule includes provisions that are relocated from existing §83.201, which is being repealed. The relocated provisions are revised to update terminology, update citations, and remove obsolete transition language. The Advisory Board added parenthetical language for clarity.

The proposed rules repeal §83.120, Technical Requirements--Curriculum Standards (before August 1, 2023). This repealed section includes curriculum standards that became obsolete on August 1, 2023. The current curriculum standards are provided in existing §83.202.

The proposed rules repeal §83.200, License Requirements--Individuals (on or after September 1, 2023). The provisions in this repealed section are relocated to new §83.20 with revisions as explained in the summary for that section.

The proposed rules repeal §83.201, Fees (on or after September 1, 2023). The provisions in this repealed section are relocated to new §83.80 with revisions as explained in the summary for that section.

The proposed rules amend §83.202, Technical Requirements--Curriculum Standards (on or after August 1, 2023). The proposed rules amend the section title to remove obsolete transition language and amend the section text to add clarifying language, provide consistent terminology, and remove unnecessary language and obsolete transition provisions.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to local governments as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of definitions, regulated services, licensing provisions for establishments and schools, facility and signage requirements for schools, and curriculum requirements.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there could be additional costs to persons who are required to comply with the proposed rules. The proposed rules clarify that the practitioner license an individual must have held for at least 15 years to be eligible for a reduction in required continuing education hours must be held in Texas, as opposed to a license from another state. Previously, anyone who held a practitioner license from any state for the required number of years was allowed to renew with the reduced number of continuing education hours. With the clarification, license holders who previously paid for and attended continuing education courses only for a reduced number of hours will now need to complete the full four continuing education hours, which could entail extra costs for courses attended. However, continuing education must only be completed every two years, and any increase in costs for additional courses attended is expected to be minimal.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules create a new regulation. The proposed rules create a new regulation by prohibiting school instructors from teaching barbering or cosmetology services outside the scope of the instructor's practitioner license.

6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules expand and limit existing regulations by modifying the rule chapter definitions and through the clarification of regulated services. The proposed rules limit regulations by restricting the reduction of continuing education requirements to Texas practitioner license holders only, by authorizing the substitution of work experience for education hours only for applicants who performed the work outside of Texas, and by removing the requirement for walls separating a classroom from a laboratory area to extend to the ceiling. The proposed rules repeal an existing regulation by removing transition and obsolete sections of the rule chapter.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at ; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register .

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The proposed repeals are also proposed under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51 and 1603. No other statutes, articles, or codes are affected by the proposed repeals.

The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§ 83.2. Transition Provisions.

§ 83.20. License Requirements--Individuals (before September 1, 2023).

§ 83.80. Fees (before September 1, 2023).

§ 83.120. Technical Requirements--Curriculum Standards (before August 1, 2023).

§ 83.200. License Requirements--Individuals (on or after September 1, 2023).

§ 83.201. Fees (on or after September 1, 2023).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2025.

TRD-202500945

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: April 27, 2025

For further information, please call: (512) 463-7750

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The proposed rules are also proposed under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 1603. No other statutes, articles, or codes are affected by the proposed rules.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§ 83.10. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Texas Occupations Code Chapter 1603.

(2) Barbering--The services described by §1603.0011(a) and (b) of the Act.

(3) Board--The Barbering and Cosmetology Advisory Board.

(4) Class A Barber--A person who holds a class A barber license and who is authorized to perform any barbering service under Texas Occupations Code §1603.0011(a) and (b).

(5) Commission--The Texas Commission of Licensing and Regulation.

(6) Common Area--An area within an establishment or school which contains equipment and facilities available for use by all persons who practice barbering or cosmetology on the premises under a license or permit issued under this chapter or Texas Occupations Code, Chapter 1603.

(7) Cosmetology--The services described by §1603.0011(a) and (c) of the Act.

(8) Department--The Texas Department of Licensing and Regulation.

(9) 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.

(10) Digitally Prearranged Remote Service--A barbering or cosmetology service performed for compensation by a person holding a license under this chapter that is:

(A) prearranged through a digital network; and

(B) performed at a location other than an establishment.

(11) 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 standards.

(12) Establishment--A place licensed under Subchapter E-2 of the Act where barbering or cosmetology is practiced. This term includes mini-establishments and mobile establishments, but does not include public or private schools.

(13) Esthetician--A person who holds an esthetician [ a ] specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), and (c). The term esthetician in this chapter includes the term facialist.

(14) [ (15) ] Executive Director--The executive director of the Texas Department of Licensing and Regulation.

(15) [ (16) ] Eyelash Extension Application--The process of applying or [ and ] removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions. The term does not include a temporary strip or cluster of eyelashes attached to the lash line with an adhesive.

(16) [ (17) ] Eyelash Extension Specialist--A person who holds an eyelash extension [ a ] specialty license and who is authorized to practice the service defined in Texas Occupations Code §1603.0011(c).

(17) [ (18) ] Full-service Establishment--An establishment authorized to perform all services defined as barbering or all services defined as cosmetology under the Act.

(18) [ (19) ] Guest Presenter--A person who possesses subject matter knowledge in specific curriculum topics and who has the teaching ability necessary to impart the information to [ cosmetology ] students. Instruction is limited to the presenter's area of expertise and an instructor must be present during the classroom session in order for students to earn hours.

(19) [ (20) ] Hair weaving specialist--A person who holds a hair weaving specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(9).

(20) [ (21) ] Hair weaving specialist/esthetician--A person who holds a hair weaving specialist/esthetician specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(3)-(6), (9), and (c). A hair weaving specialist/esthetician may also be known as an "esthetician/hair weaving specialist."

(21) [ (22) ] Instructor--An individual who holds a license issued by the department under Subchapter E-1 of the Act to perform the acts of barbering or cosmetology for which the person will provide instruction at a school licensed under this chapter.

(22) [ (23) ] Law and Rules Book--A publication prepared and issued in a format prescribed by the department containing Texas Occupations Code Chapter 1603, and 16 Texas Administrative Code Chapter 83.

(23) [ (24) ] License--A permit, certificate, approval, registration, or other similar permission issued by the department under Texas Occupations Code, Chapter [ 1601, 1602, or ] 1603. The term does not include a student permit.

(24) [ (25) ] License by substantial equivalence--A process that permits a barbering or cosmetology license holder from another jurisdiction or foreign country to obtain a Texas barbering or cosmetology license without repeating barbering or cosmetology education or examination license requirements.

(25) [ (26) ] Manicurist--A person who holds a manicurist specialty license and who is authorized to practice the services defined in Texas Occupations Code §1603.0011(a)(7)-(8).

(27) Mini-Establishment--A barbering or cosmetology establishment in which a person practices barbering or cosmetology under a license 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.

(28) Mini-Establishment Licensee--A person or entity that holds a license for a mini-establishment. The mini-establishment licensee must be responsible for all requirements under the Act and this chapter for the mini-establishment.

(29) Mobile Establishment--An establishment or specialty establishment that is operated in a self-contained, self-supporting, enclosed mobile unit.

(30) Operator--A person who holds a cosmetology operator license and who is authorized to perform any cosmetology service under Texas Occupations Code §1603.0011(a) and (c).

(31) Practitioner--A person holding any individual practitioner license issued under Subchapter E-1 of the Act to perform barbering or cosmetology services.

(32) Preparation--A substance used to beautify a person's face, neck or arms or to temporarily remove superfluous hair from a person's body including but not limited to antiseptics, tonics, lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.

(33) Private School--A private postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

(34) Provisional license--A license that allows a person to practice barbering or cosmetology in Texas pending the department's approval or denial of that person's application for licensure by substantial equivalence.

(35) Public School--A public secondary or postsecondary school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

(36) 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 under Subchapter E-1 of the Act.

(37) Safety Razor--A razor that is fitted with a guard positioned between [ close to ] the entire cutting edge of the razor and the skin in a manner that [ is intended to prevent the razor from cutting too deeply and ] reduces the risk [ and incidence ] of cutting the skin [ accidental cuts ].

(38) School--A public school or private school licensed under Subchapter E-3 of the Act that offers instruction in any barbering or cosmetology service.

(39) Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity.

(40) Special Event--An event of cultural, social, or religious significance justifying off-site provision of barbering or cosmetology services, including weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances.

(41) Specialty Establishment--An establishment in which only services defined in Texas Occupations Code §1603.0011(a)(3)-(9) and (c) are performed. Specialty establishments may only perform the services for which the establishment is licensed.

(42) Specialty Instructor--An individual acting as an instructor who holds a practitioner license that is not class A barber or cosmetology operator.

(43) Student Permit--A permit issued by the department under this chapter to a student enrolled in a school which states the student's name and the name of the school.

(44) Tweezing Technique--Any type of temporary hair removal procedure involving the extraction of hair from the hair follicle by use of, but not limited to, an instrument, appliance or implement made of metal, plastic, or other material.

(45) 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.

(46) Wet disinfectant soaking container--A container with a cover to prevent contamination of the disinfectant solution and of a sufficient size such that the objects to be disinfected may be completely immersed in the disinfectant solution.

§ 83.22. License Requirements--Establishments.

(a) To be eligible for an establishment license, an applicant must:

(1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed and verified application in the manner prescribed by the department;

(4) pay the fee required under §83.80;

(5) own or rent the establishment; and

(6) have not committed an act that constitutes a ground for denial of a license.

(b) In addition to the requirements of subsection (a), the establishment must:

(1) meet this chapter's minimum health and safety standards for an establishment; and

(2) comply with all requirements of this chapter.

(c) In addition to the requirements of subsection (a) and (b), a mobile establishment license applicant must:

(1) provide a permanent physical address from which the mobile establishment unit is dispatched and to which the mobile establishment unit is returned when not in use;

(2) provide a permanent mailing address where correspondence from the department may be received; and

(3) verify that the mobile establishment complies with the requirements of the Act and this chapter.

§ 83.23. License Requirements--Schools.

(a) To be eligible for a school license, an applicant must:

(1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed application in the manner prescribed by the department;

(4) pay any applicable fees required under §83.40 and §83.80;

(5) meet the health and safety standards of this chapter; and

(6) for a private school, provide a current financial statement prepared by a certified public accountant in the format prescribed by the department. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application. The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least 12 months, without relying on student tuition.

(b) A school must be inspected and approved by the department prior to the operation of the school.

(c) Private schools must have and maintain:

(1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking water;

(2) adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled;

(3) proof of ownership of building or proof of a lease for the first 12 months of operation; and

(4) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.

(d) Public schools must have and maintain:

(1) adequate space to provide quality classroom training for the number of students enrolled including classroom and laboratory space;

(2) adequate equipment and instructional materials required by the department; and

(3) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.

(e) A school must comply with all health and safety standards established by this chapter.

§ 83.25. License Requirements--Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 (relating to Continuing Education Requirements), unless the context indicates otherwise.

(b) To renew a practitioner license, a licensee must complete at least 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour in sanitation required under the Act and this chapter;

(2) for renewals on or after September 1, 2025, 1 hour on human trafficking prevention, which at a minimum must include information on:

(A) activities commonly associated with human trafficking;

(B) recognition of potential victims of human trafficking; and

(C) methods for assisting victims of human trafficking, including how to report human trafficking; and

(3) the remaining hours in any topics listed in subsection (h).

(c) Continuing education hours required under §83.25(b)(3) and taught before September 1, 2025, must include information on human trafficking prevention. At a minimum, these courses must include information on:

(1) activities commonly associated with human trafficking;

(2) recognition of potential victims of human trafficking; and

(3) methods for assisting victims of human trafficking, including how to report human trafficking.

(d) For a timely or a late renewal, a licensee must complete the required continuing education hours within the two-year period immediately preceding the renewal date.

(e) A licensee may not receive continuing education hours for attending the same course more than once.

(f) A licensee will receive continuing education hours for only those courses that are registered with the department, under Chapter 59 and procedures prescribed by the department.

(g) A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

(h) To be approved under Chapter 59, a provider's course must be dedicated to instruction in one or more of the following topics:

(1) sanitation required under the Act and this chapter;

(2) the Act and this chapter, addressing topics other than sanitation;

(3) the topics listed in the curriculum standards in [ §83.120 or ] §83.202;

(4) mental health awareness, which may include topics on mental health, mental illness, suicide prevention, and opportunities to provide clients referrals or other assistance;

(5) human trafficking prevention which at a minimum must include information on:

(A) activities commonly associated with human trafficking;

(B) recognition of potential victims of human trafficking; and

(C) methods for assisting victims of human trafficking, including how to report human trafficking.

(i) A registered course may be offered until the expiration of the course registration or until the provider ceases to hold an active provider registration, whichever occurs first.

(j) A provider must pay to the department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under Chapter 59.

(k) Notwithstanding subsection (b), a licensee who has held a practitioner license in Texas for at least 15 years may satisfy the continuing education requirement for renewal by completing department-approved courses as follows:

(1) for renewals before September 1, 2025, one hour of sanitation; or

(2) for renewals on or after September 1, 2025:

(A) one hour of sanitation; and

(B) one hour of human trafficking prevention.

(l) Barber licensees exempt from continuing education requirements until September 1, 2025. Beginning on September 1, 2025, the requirements of this section will apply to a licensee who, on August 31, 2023, held a license issued under Texas Occupations Code Chapter 1601 and Chapter 82, when that licensee files an application with the department to renew that license.

§ 83.28. Substantial Equivalence and Provisional Licensure.

(a) To be granted a license through substantial equivalence, an applicant must:

(1) submit a completed application in the manner prescribed by the department;

(2) furnish a certified transcript of hours from the state board, territory, or foreign country from which the applicant is applying;

(3) provide one of the following:

(A) if an applicant is from another state of the United States, provide documentation that licensure in another state was obtained by standards substantially equivalent to those of Texas; or

(B) if an applicant is from a territory or foreign country, provide documents verified by the department or a certified credentialing agency confirming that licensure in the territory or foreign country was obtained by standards substantially equivalent to those of Texas;

(4) furnish an active and valid license or certificate to indicate that the applicant is licensed in good standing in another jurisdiction or foreign country;

(5) pay the substantial equivalence fee and applicable license application fee required under §83.80; and

(6) [ for applications on or after September 1, 2023, ] be at least 17 years of age.

(b) A person who cannot provide documentation of standards equivalent to those in Texas must pass the applicable written and practical examination for the license.

(c) A person issued a license through substantial equivalence may perform those acts of barbering and cosmetology authorized by the license.

(d) The department may waive any license requirement for an applicant who holds a license from another state or country that has license requirements substantially equivalent to those of Texas.

(e) The department may issue a provisional license to applicants currently licensed in another jurisdiction who file an application for a Texas license by substantial equivalence.

(f) To be eligible for a provisional license, an applicant must:

(1) file a completed application, in the manner prescribed by the department, for a Texas barbering or cosmetology license by substantial equivalence;

(2) provide information sufficient for the department to verify the applicant's licensure in good standing for at least two years in the license type for which the person seeks the license; and

(3) have been licensed in a jurisdiction or foreign country in which the requirements for obtaining the same license are substantially equivalent to the requirements under the Act, including passage of a national examination or other examination recognized by the department relating to the practice of the profession.

(g) A person issued a provisional license may perform those acts of barbering or cosmetology authorized by the provisional license pending the department's approval or denial of an applicant's license by substantial equivalence.

(h) A provisional license is valid until the date the department approves or denies the application for licensure by substantial equivalence. The department must approve or deny a provisional license holder's application for a license by substantial equivalence not later than the 180th day after the date the provisional license is issued. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.

(i) The department will issue a license by substantial equivalence to the provisional license holder if the person is eligible to hold a license under the Act.

(j) An applicant for licensure by substantial equivalence is eligible for a provisional license only once. A person who is denied licensure by substantial equivalence and subsequently reapplies for licensure by substantial equivalence is not eligible to obtain additional provisional licenses to practice barbering or cosmetology in Texas.

(k) If an applicant for a class A barber or operator license has not completed the hours required under this chapter [ or Chapter 82 ], documented work experience, performed in the jurisdiction outside of Texas in which the person is licensed, may be substituted at the rate of 25 hours per month worked, up to a maximum of 300 hours, or the applicant must complete the balance of hours required in an approved Texas school.

§ 83.72. Responsibilities of Schools.

(a) Each school must have the current law and rules book.

(b) Each school is responsible for compliance with the health and safety standards of this chapter.

(c) Each school must ensure that [ notify the department of ] any alterations to a school's floor plan are in compliance with the Act and this chapter .

(d) The certificate of curriculum approval must be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course must be maintained by the school and be available for inspection.

(e) Schools must have at least one instructor on duty for each 25 students in attendance, including evening classes. An instructor must be physically present during all practical curriculum standard activities, and physically present or participating through distance education for theory curriculum standard activities. No credit for instructional hours can be granted to a student unless such hours are accrued under the supervision of an instructor.

(f) Schools offering distance education must:

(1) obtain department approval before offering a course;

(2) provide students with the educational materials necessary to fulfill course requirements; and

(3) comply with the curriculum standards in [ §83.120(c) and ] §83.202(e) by limiting distance education to instruction in theory.

(g) Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits must be displayed in alphabetical order by last name, then alphabetical order by first name, and, if more than one student has the same name, by student permit number.

(h) Schools must either [ may ] use a time clock or credit hours to track student hours and maintain a daily record of attendance [ or schools may use credit hours ].

(i) Schools using time clocks must ensure compliance with the following requirements and post a sign at the time clock that states the following department requirements:

(1) Each student must personally clock in/out.

(2) No credit may be given for any times written in, except in a documented case of time clock failure or other situations approved by the department.

(3) If a student is in or out of the facility for lunch, the student must clock out.

(4) Students leaving the facility for any reason, including smoking breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the department and students are under the supervision of an instructor.

(j) Students are prohibited from preparing hour reports or supporting documents. Only school owners and school designees, including instructors, may electronically submit information to the department in accordance with this chapter. No student permit holder may electronically submit information to the department under this chapter.

(k) A school must properly account for the hours granted to each student. A school may not engage in any act directly or indirectly that grants or approves student credit that is not accrued in accordance with this chapter. A school must maintain and have available for a department and/or student inspection the following documents for a period of the student's enrollment through 48 months after the student completes the curriculum standards, withdraws, or is terminated:

(1) daily record of attendance;

(2) the following documents if a time clock is used:

(A) time clock record(s);

(B) time clock failure and repair record(s); and

(C) field trip records in accordance with §83.202(f)(4) [ §83.120(e)(5) ]; and

(3) all other relevant documents that account for a student's credit under this chapter.

(l) Schools using time clocks must, at least one time per month submit to the department an electronic record of each student's accrued clock hours in a manner and format prescribed by the department. A school's initial submission of clock hours must include all hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department will prescribe the period of time for which a school may delay the electronic submission of data, to be determined on a case-by-case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.

(m) Schools using credit hours must, at the end of the course or module or if the student drops or withdraws, submit to the department an electronic record of each student's accrued credit hours in a manner and format prescribed by the department.

(n) Schools changing from clock hours to credit hours or from credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes.

(o) Successful completion of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used for conversion between clock hours to credit hours or credit hours to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.

(p) Except for a documented leave of absence, schools must electronically submit a student's withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school must terminate a student who does not attend class for 30 consecutive days.

(q) All areas of a school or campus are acceptable as instructional areas for a public school, provided that the instructor is teaching barbering or cosmetology curricula required under §83.202 [ §83.120 ].

(r) A private school or public post-secondary school may provide barbering and cosmetology instruction to public high school students by contracting with the school district and complying with Texas Education Agency law and rules. A public high school student receiving instruction under such contract is considered to be a public high school student enrolled in a public school barbering and cosmetology program for purposes of the Act and department rules.

(s) Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.

(t) Schools must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum standard topic and that an instructor is present during the guest presenter's classroom teaching.

(u) Schools must have a classroom separated from the laboratory area [ by walls extending to the ceiling ] and equipped with the following equipment:

(1) if using a time clock to track student hours, one day/date formatted computer time clock;

(2) desks and chairs or table space for each student in attendance;

(3) multi-media equipment;

(4) a sink with hot and cold running water and secure space for storage and dispensing of supplies and equipment;

(5) a suitable receptacle for used towels/linens;

(6) covered trash cans in lab area;

(7) wet disinfectant soaking container, large enough to fully immerse tools and implements;

(8) for each student, equipment that is:

(A) sufficient to enable the student to perform the services associated with the curriculum standards for which the student is enrolled;

(B) in good working condition; and

(C) of adequate design to permit effective instruction;

(9) if offering the class A barber or operator curriculum standards, the following equipment available in adequate number for student use:

(A) shampoo bowl and shampoo chair;

(B) hair drying equipment or professional hand-held hair dryers;

(C) cold wave rods;

(D) thermal iron (electric or non-electric);

(E) styling station covered with a non-porous material that can be cleaned and disinfected, with mirror and styling or barber chair (swivel or hydraulic);

(F) mannequin with sufficient hair;

(G) professional hand clippers;

(H) manicure station and stool;

(I) facial bed or a chair that reclines;

(J) dry sanitizer; and

(K) wet disinfectant soaking containers, large enough to fully immerse tools and implements;

(10) if offering the esthetician curriculum standards, the following equipment available in adequate number for student use:

(A) facial bed or a chair that reclines;

(B) lighted magnifying glass;

(C) woods lamp;

(D) dry sanitizer;

(E) steamer machine;

(F) brush machine for cleaning;

(G) vacuum machine;

(H) high frequency machine for disinfection, product penetration, stimulation;

(I) galvanic machine for eliminating encrustations, product penetration;

(J) mannequin head; and

(K) wet disinfectant soaking containers, large enough to fully immerse tools and implements.

(11) if offering the manicure curriculum standards, the following equipment available in adequate number for student use:

(A) an autoclave, dry-heat sterilizer or ultra-violet sanitizer;

(B) manicure station with sufficient lighting;

(C) client chair;

(D) student stool or chair;

(E) whirlpool foot spa or foot basin;

(F) electric nail file;

(G) UV light curing system;

(H) paraffin bath and paraffin wax; and

(I) wet disinfectant soaking containers;

(12) if offering the esthetician/manicure curriculum standards, the equipment required for the esthetician curriculum standards as listed in paragraph (10); and the equipment required for the manicure curriculum standards as listed in paragraph (11); in adequate number for student use; and

(13) if offering the eyelash extension curriculum standards, the following equipment available in adequate number for student use:

(A) facial bed, facial chair, or massage table, all of which must allow the consumer to lie completely flat;

(B) stool or chair;

(C) lamp;

(D) mannequin head;

(E) wet disinfectant soaking containers; and

(F) dry sanitizer.

(v) Schools must display in the school, in a conspicuous place clearly visible to the public:

(1) a copy of the school's most recent inspection report issued by the department or a notice that a copy of the school's most recent inspection report issued by the department is available upon request;

(2) a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code §1603.356 and this chapter; and

(3) a sign that reads "SCHOOL--STUDENT PRACTITIONERS" in at least 10-inch block letters, or the sign provided by the department, visible from the outside of each client entrance to the licensed school.

(w) A school may not award credit or provide instruction for, and a student may not earn, more than 184 hours or equivalent credit hours per calendar month.

(x) Each school must display a copy of §§83.100-83.115. A school may meet this requirement by placing the law and rules book so that it is accessible to all students and all staff who work in the school.

§ 83.202. Technical Requirements--Curriculum Standards [ (on or after August 1, 2023) ].

(a) The cosmetology operator and class A barber curricula consist of 1,000 clock hours or equivalent credit hours, as follows:

(1) Core hours. Theory and related practice: anatomy and physiology; diseases and disorders of the skin, scalp, hair and nails; chemistry (haircoloring, chemical waving, and relaxing); bacteriology, sterilization and sanitation, health, safety, first aid, laws and rules; tools and equipment; hair care and related theory; business skills and establishment management; skin care and related theory; hair removal; nail care and related theory; electricity; haircutting; hairstyling; hair and scalp treatments, scalp massage; hairweaving, extensions; chemical textures and applications; face and neck massage and treatments; facial hair removal; manicuring; waxing and removing body hair; customer service and professional ethics; makeup; pedicuring; artificial nails. 700 hours.

(2) The standards for the cosmetology operator curriculum must include Specialty Practice and related theory: eyelash semi-permanent extensions; advanced hair care and advanced chemical services; and related practices , including sanitation, health, and safety . 300 hours.

(3) The standards for the class A barber curriculum must include Specialty Practice and related theory: shaving with any razor type and razor techniques; mustache and beard care; advanced hair care and men's haircutting; and related practices , including sanitation, health, and safety . 300 hours.

(4) A school may enroll a student simultaneously in both the cosmetology operator course and the class A barber course if the student seeks to obtain both license types. The student must complete all the requirements under subsections (a)(1) through (a)(3) to obtain both license types.

(b) A person holding the class A barber license who seeks to also obtain the cosmetology operator license must complete the requirements described under subsection (a)(2).

(c) A person holding the cosmetology operator license who seeks to also obtain the class A barber license must complete the requirements described under subsection (a)(3).

(d) Specialist Curricula.

(1) The esthetician curriculum consists of 750 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: anatomy and physiology; skin diseases and disorders; skin analysis; machines and related equipment; basic facials; chemistry; care of client; superfluous hair removal and related theory; laws [ sanitation law ] and rules; business management; facial treatments, cleansing, masking, and therapy; [ chemistry machines and related equipment; ] superfluous hair removal; sanitation, first aid, health and safety; makeup. 450 hours.

(B) Specialty Practice and related theory: advanced facial treatments and superfluous hair removal using devices or preparations; makeup; semi-permanent eyelash extension applications; and related practices. 300 hours.

(2) The manicurist curriculum consists of 600 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: anatomy and physiology; nail structure and growth; equipment and implements; bacteriology, sanitation , health, and safety; hazardous chemicals and ventilation; basic manicures and pedicures; business management; laws and rules; nail and skin diseases and disorders; artificial nails; product chemistry; repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products; basic manicuring and pedicuring; nail art; electric filing. 300 hours.

(B) Specialty Practice and related theory: professional practices; advanced manicuring and pedicuring; advanced techniques, preparations and applications. 300 hours.

(3) The manicurist/esthetician curriculum consists of 800 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: anatomy and physiology; machines and related equipment; chemistry; care of client; basic facials; superfluous hair removal and related theory; nail structure and growth; equipment and implements; hazardous chemicals and ventilation; basic manicures and pedicures; business management; bacteriology, sanitation, health, and safety; laws and rules. 200 hours.

(B) Specialty Manicure Practice and related theory: repair work, massage, buffing and application of polish and artificial nails; cosmetic fingernails, extensions, sculptured nails, tips, wraps, fiberglass/gels and odorless products; professional practices, techniques and preparations; sanitation, first aid, health and safety. 300 hours.

(C) Specialty Esthetician Practice and related theory: facial treatments, cleansing, masking, and therapy; [ chemistry machines and related equipment; ] superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 300 hours.

(4) The eyelash extension specialist curriculum consists of 320 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: eye shapes and eyelash growth; supplies and related equipment; contagious diseases and adverse reactions; sanitation, first aid, health and safety; client protection; business management, laws and rules. 80 hours.

(B) Specialty Practice and related theory: Semi-permanent eyelash extension isolation, separation and application. 240 hours.

(5) The hair weaving specialist curriculum consists of 300 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: basic hair weaving; anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; sterilization methods; chemistry and client protection; sanitation, health and safety; business management, laws and rules. 75 hours.

(B) Specialty Practice and related theory: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations. 225 hours.

(6) The hair weaving specialist/esthetician curriculum consists of 800 clock hours or equivalent credit hours, as follows:

(A) Theory and related practice: anatomy and physiology; scalp and skin conditions, lesions and diseases; structure and composition; basic hair weaving; sterilization methods; chemistry and client protection; basic facials; machines and related equipment; chemistry; care of client; superfluous hair removal and related theory ; laws and rules; sanitation, health, and safety . 200 hours.

(B) Specialty Hair Weaving Practice and related theory: hair weaving, repair, weft removal, sizing and finishing; procedures and hair weaving/braiding skills; compounds, mixtures and cosmetic applications; equipment, supplies and preparations ; sanitation, health, and safety . 260 hours.

(C) Specialty Esthetician Practice and related theory: facial treatments, cleansing, masking, and therapy; chemistry machines and related equipment; superfluous hair removal; devices or preparations; makeup; semi-permanent eyelash extension applications; sanitation, first aid, health and safety. 340 hours.

(e) Distance Education.

(1) Schools offering distance education may not designate more than 50% of the total hours in each course as theory hours delivered via distance education.

(2) A student may obtain the following distance education hours:

(A) a maximum of 500 hours out of the 1,000 hour cosmetology operator course;

(B) a maximum of 500 hours out of the 1,000 hour class A barber course;

(C) a maximum of 150 hours out of the 300 hour class A barber to cosmetology operator course;

(D) a maximum of 150 hours out of the 300 hour cosmetology operator to class A barber course;

(E) maximum of 300 hours out of the 600 hour manicurist course;

(F) a maximum of 375 hours out of the 750 hour esthetician course;

(G) a maximum of 400 hours out of the 800 hour manicurist/esthetician [ esthetician/manicurist ] course;

(H) a maximum of 160 hours out of the 320 hour eyelash extension specialist course;

(I) a maximum of 150 hours out of the 300 hour hair weaving specialist course; and

(J) a maximum of 400 hours out of the 800 hour hair weaving specialist/esthetician course.

(f) Field Trips.

(1) Barbering and cosmetology related field trips are permitted under the following conditions for students enrolled in the following courses. The guidelines under this subsection must be strictly followed.

(2) A student may obtain the following field trip hours:

(A) a maximum of 100 hours out of the 1,000 hour cosmetology operator course;

(B) a maximum of 100 hours out of the 1,000 hour class A barber course;

(C) a maximum of 60 hours for the manicurist course;

(D) a maximum of 75 hours for the esthetician course;

(E) a maximum of 80 hours for the manicurist/esthetician [ esthetician/manicurist ] course;

(F) a maximum of 32 hours for the eyelash extension specialist course;

(G) a maximum of 30 hours for the hair weaving specialist course; and

(H) a maximum of 70 hours for the hair weaving specialist/esthetician course.

(3) Students must be under the supervision of an instructor from the school where the student is enrolled at all times during the field trip. The instructor-student ratio required in a school is required on a field trip.

(4) Complete documentation is required, including student names, instructor names, activity, location, date, and duration of the activity.

(5) No hours are allowed for travel.

(6) Prior department approval is not required.

(g) The department may allow students previously enrolled in a 1,200-hour manicurist/esthetician program to transfer completed hours to an 800-hour manicurist/esthetician program if the hours meet the required technical standards. Upon request of a student, a school must apply completed hours toward a department-approved 800-hour manicurist/esthetician program if the school has such a program, or allow the student to transfer to another school.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 17, 2025.

TRD-202500944

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: April 27, 2025

For further information, please call: (512) 463-7750