Sec. 1602.303. PRIVATE BEAUTY CULTURE SCHOOL LICENSE. (a) An application for a private beauty culture school license to instruct persons seeking a license under Section 1602.254 must be accompanied by the required license fee and inspection fee and:

(1) be on a form prescribed by the department;

(2) be verified by the applicant; and

(3) contain a statement that the building:

(A) is of permanent construction and is divided into at least two separate areas:

(i) one area for instruction in theory; and

(ii) one area for clinic work;

(B) contains a minimum of:

(i) 2,800 square feet of floor space if the building is located in a county with a population of more than 100,000; or

(ii) 1,800 square feet of floor space if the building is located in a county with a population of 100,000 or less;

(C) has access to permanent restrooms and adequate drinking fountain facilities; and

(D) contains, or will contain before classes begin, the equipment established by commission rule as sufficient to properly instruct a minimum of 10 students.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 2

(b) An application for a private beauty culture school license to instruct persons seeking a license or certificate under this chapter, other than a license under Section 1602.254, must be accompanied by the required license fee and inspection fee and:

(1) be on a form prescribed by the department;

(2) be verified by the applicant;

(3) contain a statement that the building:

(A) is of permanent construction and is divided into at least two separate areas:

(i) one area for instruction in theory; and

(ii) one area for clinic work;

(B) has adequate space, equipment, and instructional material, as determined by the commission, to provide quality classroom training; and

(C) has access to permanent restrooms and adequate drinking fountain facilities; and

(4) meet any other requirement set by the commission.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 10.014

(b) An application for a private beauty culture school license must be accompanied by the required license fee and inspection fee and:

(1) be on a form prescribed by the department;

(2) be verified by the applicant; and

(3) contain a statement that the building meets the health and safety standards established by the commission.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 2

(c) The applicant is entitled to a private beauty culture school license if:

(1) the department determines that the applicant is financially sound and capable of fulfilling the school's commitments for training;

(2) the applicant's facilities pass an inspection conducted by the department under Section 1603.103;

(3) the applicant has not committed an act that constitutes a ground for denial of a license; and

(4) the applicant meets any other requirement set by the commission.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 10.014

(c) The applicant is entitled to a private beauty culture school license if:

(1) the department determines that the applicant is financially sound and capable of fulfilling the school's commitments for training;

(2) the applicant's facilities meet the health and safety standards established by the commission and pass an inspection conducted by the department under Section 1603.103; and

(3) the applicant has not committed an act that constitutes a ground for denial of a license.

Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 2

(d) A private beauty culture school that satisfies the requirements of Subsection (a) may offer instruction in cosmetology to persons seeking any license or certificate under this chapter.

Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 10.014

(d) The commission may not establish building or facility standards that are not related to health and safety, including a requirement that a facility have a specific:

(1) square footage of floor space;

(2) number of chairs; or

(3) number of sinks.

(e) Instruction received at a private beauty culture school subject to Subsection (b) may not be used to satisfy the requirements to obtain an operator license under Section 1602.254.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 3.17, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 5.01(3), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 12, eff. June 15, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 331 (H.B. 2727), Sec. 6, eff. June 17, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1241 (S.B. 1170), Sec. 20, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 2, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 10.014, eff. September 1, 2017.