SECTION 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.

Source Note: The provisions of this §83.2 adopted to be effective January 1, 2023, 47 TexReg 8640