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Agenda:
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CALL TO ORDER: 9:00 A.M.
ROLL CALL/DECLARATION OF QUORUM
OPEN SESSION:
1. Pursuant to Chapter 551 of the Texas Government Code, call to order and
roll call by
William H. Kuykendall, J. D., Chairman, Texas State Board of Barber Examiners
(TSBBE).
2. Recognize Board Member Janie C. Garza for her appointment to the Council
on Occupational Education.
3. Recognize J. L. Dyer upon his retirement at age 69 after more than 47
years of service to the barber profession and community. Recognize Concepcion
Cortez at age 82 for more than 54 years of service to the barber profession
and community.
4. Public comment.
5. Consider and possibly approve Board Minutes of September 9, 2002.
6. Consider for possible action Proposals for Decision from the State Office
of Administrative Hearings (August 12, 2002) in disciplinary cases.
7. Consider 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 (September 16,
2002).
8. Consider the Agency's administrative fine report 08/01/2002 - 10/31/2002.
9. Consider for possible action the adoption of proposed amendments (shown by
parentheses) to §51.141(5)(A):
The use of any blade or cutting tool for the purpose of removing (any or all)
corns or calluses is considered a medical practice and is prohibited. (The
possession or storage of any blade or cutting tool for the purpose as
contemplated by the rule is prima facie evidence of use.)
10. Consider for possible action the adoption of proposed amendments to §51.3
Administrative Fines (in Board members' packets). The proposed amendments are
pursuant to the recodification (Acts 1999, 76th Legislature, Chapter 388,
effective September 1, 1999) of the former Texas Barber Law, Texas Civil
Statutes, Article 8401 - Article 8407a into the Texas Civil Statutes, and the
subsequent amendments to Chapter 1601 (Acts 2001, 77th Legislature Chapters
246 and 1420, effective September 1, 2001), and to update references to the
Texas Occupations Code as the authority to issue administrative fines for
practice and procedure violations.
11. Consider for possible action the adoption of a new rule §51.59 Student
Violation Prior to the Examination:
A student who has been issued a citation for a violation of the Texas
Occupations Code, Chapter 1601
or rules of the Barber Board may not take the examination for licensure until
final resolution of the citation.
12. Consider for possible approval for publication and public comment the
following proposed amendment to rule §51.93 Sanitation Rules for Barber Shops
and Barber Schools and Colleges.
51.93(b)(5): Washing facilities to be provided. Every such establishment
shall be provided with suitable and adequate washing facilities for barbering
services. Sinks or wash basins must be of nonabsorbent material and properly
trapped, with not less than one sink per three (rather than two) chairs.
13. Consider for possible approval an enforcement policy based upon an
interpretation of Texas Occupations Code, Chapter 1601.267 Reciprocal License
or Certificate and rule §51.84 Reciprocal Licensing Policy, which require
"substantially equivalent" standards for Texas licensure.
14. Review administrative procedures concerning the renewal of licenses of
individuals released from prison.
15. Consider for possible approval a policy that sets forth the fee the TSBBE
shall collect from each barber school pursuant to 1601.3571 Barber School
Tuition Protection Account.
16. Consider and review the Barber Board's proposed changes to the Texas
Occupations Code, Chapter 1601 and 1601.303 that are in addition to those
approved by the Board on August 6, 2002.
(a) Consolidate the following sections into one section [1601.301. Permit
Required]:
1601.301 Permit Required
1601.302 Temporary Barbershop Permit
1601.310 Relocation of Specialty Shop
1601.503 Notification of Change of Location
(b) Consolidate the following sections into one section [1601.501. Display of
Barbershop or Specialty Shop Permit]:
1601.311 Display of Specialty Shop Permit
1601.501 Display of Barbershop Permit
(c) Review proposed changes to §1601.303. Issuance of Barbershop Permit:
(a) The board shall issue a barbershop permit to an applicant if:
(1) the applicant holds a Class A barber certificate;
(2) the applicant has practiced barbering for at least 12 months and is an
owner or practicing barbering at the shop; and
(3) the shop meets the minimum health standards for barbershops set by the
board and all other rules of the board.
(b) If a barber is not the owner of the barbershop, the shop owner's name
must also appear on the barbershop permit.
17. Consider a program proposed by Jimmy Wallace for teaching barbering to
public school students.
18. As requested by Richard Bundy and Brad Bundy (Texas Barber College,
Dallas and Houston), consider for possible approval an enforcement policy --
based upon an interpretation of the rule language shown below (in
parentheses) -- that a student is not in good standing for license issuance
if he/she has not paid the school for tuition, fees, tools, books, etc.
Rule 51.5 Good Standing Required for License Renewal
No license or permit shall be issued or renewed unless the licensee is in
good standing with the Board. Good standing includes, (but is not limited
to), compliance with Barber Law and Board Rules, no default on a student loan
with the Texas Guaranteed Student Loan Corporation, no default on court
ordered child support payments, and payment in full of all administrative
penalties assessed against the licensee. The Executive Director has the
discretion to waive the payment in full of all administrative penalties
requirement for license renewal.
19. Status report from Mr. Ronald Brown on the review and revision to the
student teacher written examination.
20. Consider a request from an applicant for a new school to be open four
days a week (10 hours per day) rather than the traditional five days a week
(8 - 9 hours per day).
21. Consider the agency's budget for 09/01/02 - 10/31/02.
22. Consider updates to TSBBE's web site (license verification and
disciplinary action).
23. Consider the agency's response to Gov. Perry's request that state
agencies inform him of the impact on their performance measures at 95% and
97% funding levels.
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