Agenda for June 4th Board Meeting (9:00 a.m.)

1. Read and possibly approve Board Minutes of April 8, 2002.

2. Recognize the following four individuals for their service to the barber profession and community:

Eugene Leonhardt for more than 63 years

Geraldine Cross-Gilbert for more than 60 years

Clarence Beck for more than 52 years

Sam Johnson for more than 50 years

3. Discuss for possible action Proposals for Decision from the State Office of Administrative Hearings (May 10, 2001).

4. Discuss for possible ratification the Agreed Orders in the Matter of Assessment of an Administrative Penalty Against Certain Licensees in Cases Brought for Informal Hearings before the Executive Director on May 20, 2002.

5. Discuss for possible action regarding the adoption of proposed rule 51.93 Sanitation Rules for Barber Shops and Barber Schools and Colleges under the Texas Occupations Code 1601.152 Sanitation Rules.

Consider public comment received from Nancy King, Director, Association of Electric File Manufacturers (AEFM) [included in Board members' materials].

6. Consider language for a proposed rule under the Texas Occupations Code 1601.504 Necessary Equipment.

7. Discuss for possible action regarding the adoption of a proposed amendment to 51.121 Barber Inspector such that all applicants for the position of barber inspector must be licensed barbers and must have practiced barbering for at least three (rather than five) years immediately prior to applying for the position of barber inspector.

8. Discuss for possible action regarding the adoption of a proposed amendment to 51.131 such that the Executive Director may sign a Board Order once a Proposal for Decision has been ratified by the Board.

9. Discuss for possible action regarding the adoption of an amendment to rule 51.141. Definitions to provide that (1) the use of any blade, drill, or cutting tool for the purpose of removing corns or calluses is considered a medical practice and is prohibited and that (2) the use of any drill or similar tool designed for use by a manicurist or pedicurist is prohibited without proof of certification of training of that manicurist or pedicurist through a program approved by the Texas State Board of Barber Examiners.

Consider public comment received from Nancy King, Director, Association of Electric File Manufacturers (AEFM) [included in Board members' materials].

10. Review and discuss proposed changes to the Texas Occupations Code, Chapter 1601. Barbers for the 78th Texas Legislature; consider public comment received regarding possible statutory changes.

a. provide that the Board may adopt reasonable rules on cleanliness rather than maintain detailed cleanliness requirements in the Code (1601.506)

The Board agreed at the April 8 meeting to bring this item back at the June meeting.

b. provide that a student may not be allowed to take the state examination until the student has paid the school for tuition, fees, books, and/or tools (1601.261)

The Board agreed at the April 8 meeting to bring this item back at the June meeting to consider additional language:

"… or payment arrangements have been made with the school. If a written payment arrangement has been made with the school, a student may sit for the examination. In the absence of a written arrangement, he may not sit for the exam."

Consider public comment received from Kenneth C. Condit, Administrator, Mid-Cities Barber College (included in Board members' materials).

c. provide that a student manicurist, student barber, or student teacher that fails the state exam three times must take a 300 hour remediation course from a licensed Texas school and that the school shall send certification to the Board that the student manicurist, student barber, or student teacher has successfully completed the course [1601.254 (student teacher exam); 1601.257 (student manicurist exam); 1601.263 (student barber exam)].

The Board agreed at the April 8 meeting to bring this item back at the June meeting.

d. as recommended by James Smith, President, Texas Association of Tonsorial Artists, provide the following (included in Board members' materials):

I. That the Board shall issue a barbershop permit to an applicant if:

(1) the applicant has inherited existing barbershop(s)

(2) the applicant is expanding locations of inherited shops

(3) all operating barbers in the inherited and expanded barbershop locations hold a Class A barber certificate

(4) all operating barbers in said shop(s) have practiced barbering for at least 12 months

(5) the shop meets the minimum health standards for barbershops set by the Board and all other rules of the Board.

II. That the Board shall establish a barbershop owner's handbook and permit exam for owners of inherited shops and expanded locations to ensure sanitation rules and other areas of concern are studied and understood by said owners to the satisfaction of the Board; once the exam is passed, the permit would be renewed upon application at regulated intervals.

e. consider the following as recommended by Juan A. Garcia, President, Texas Association of Barber Schools (included in the Board members' materials):

I. The current statutory requirement that a barber shall have one year of experience before attaining a shop permit

II. The proposed reduction from 5 years to 3 years' experience as a practicing barber to be eligible for a teacher's certificate and other requirements:

(1) that all prospective teachers should have to attend school for 1,000 hours;

(2) that teachers should be tested as they currently are on the practical;

(3) that the written exam should consist of material they actually teach.

III. Provide that a barber technician should be able to obtain a barber shop permit

IV. Provide for an advisory council that represents the various organizations of the barber industry to assist the Board in matters that affect the Board and the laws that affect the barber.

f. consider the following as recommended by Joe Shirley (included in the Board members' materials):

I.. The proposed reduction from 5 years to 3 years' experience as a practicing barber to be eligible for a teacher's certificate (similar to Mr. Garcia's recommendation 10. e. II).

II. The proposal that a qualified instructor shall be present for 30 (rather than 20) students on premises.

III. The proposal to retain the health certificate requirement.

g. provide that a person commits an offense if the person violates Chapter 1601; an offense is a misdemeanor punishable by a fine of not less than $100 or more than $300 (a re-instatement of 1601.652 Offense; Penalty repealed by the 77th Texas Legislature).

h. Consider other possible changes that were proposed after posting the June agenda in the Texas Register

11. Discuss for possible approval the Agency Strategic Plan for the Fiscal Years 2003 -2007 Period.

12. Review and discuss agency's financial budget for 09/01/2001 - 02/28/2002.

13. Consider costs to remodel examination rooms at Frank Joseph Cosmetology Building to accommodate barber examinations.

14. Consider the Board's position on trade shows, trade symposia, and charity events.

15. Review and discuss agency's administrative fine report for 09/01/2001 - 02/28/200

16. Executive Session to Consider Executive Director's Six-Month Probationary Status.

17. Announcement by Chairman Williams of his pending resignation from the Texas State Board of Barber Examiners effective July 8, 2002.

18. Public Comment.