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Agenda:
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BOARD MEETING AGENDA
January 5, 2004 (1:30pm)
The Board may deliberate and take action regarding any item on the agenda.
1. Pursuant to Chapter 551 of the Government Code (Open Meetings), call to
order and roll call by William H. Kuykendall, J.D., Chairman, Texas State
Board of Barber Examiners (TSBBE).
2. Recognize the following individuals for their service to the barber
profession and community:
Don F. Barton (73 years; deceased)
Gordon E. Miller (50+ years)
George W. Pointer (46 years; deceased)
Rene J. Trevino (55 years)
3. Public Comment.
W.D.Wagner's e-mail to Board members (December 3, 2003) suggesting that each
barber when renewing his/her license shall purchase a new law and barber
book.
4. Letter from the Chairman and Executive Director to the TexasOnline
Authority requesting exemption from participation in TexasOnline for renewal
and original licenses and permits.
5. First reading of the Board's legislative package for the 79th Texas
Legislature.
Proposed Changes to the Texas Occupations Code, Chapter 1601, Barbers.
1601.051: provide that one member of the Board must be a resident of a county
with a population of 75,000 or less rather than 25,000 or less
1601.257: provide that an applicant for a manicurist license must be at least
seventeen (rather than sixteen) years of age (parallels TxCC's requirement)
1601.264; 1601.402: delete the health certificate stating that an individual
does not have an infectious or contagious disease to obtain a new license or
renew a license (considered antiquated by TDH; facilitate license renewal
through TexasOnline)
1601.301: 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
1601.303: provide that a barbershop owner's name must also appear on a
barbershop permit if a barber is not the owner of the barbershop; delete the
requirement that a barber must have practiced barbering for at least 12
months before his/her name can appear on a barbershop permit
1601.406: delete archaic requirement that barbershop and specialty shop
permits expire July 1 of each odd-numbered year; they now expire two years
from date of issue
1601.409: provide for voluntary continuing education
1601.501: 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
1601.506: provide that the Board shall adopt reasonable rules on cleanliness
for all licensees and permit holders rather than maintain detailed
cleanliness requirements in the TOC
1601.560: provide that, in addition to the teacher required by Section
1601.355(b), a barber school that provides training leading to issuance of a
Class A barber certificate shall have at least one qualified instructor,
holding a Class A certificate, for every 25 (rather than 20) students on
premises
1601.651(a)(2): provide that the OAG may file an action for an injunction or
other proceeding to enjoin a barber shop owner, in addition to a barber or
barber school, from operating in violation of the Barber Law
1601.651(b): provide that a barber shop owner, in addition to a barber or
barber school that operates in violation of the Barber Law, is liable to the
state for a civil penalty in the amount of $25 a day for each day a violation
occurs
1601.652: provide that a person commits an offense (misdemeanor) if the
person violates the Barber Law punishable by a fine of not less than $100 or
more than $300 (re-instate 1601.652 Offense; Penalty repealed by the 77th
Texas Legislature)
1601.705: provide that the Board may take a default judgment against
respondents who fail to appear at scheduled hearings before the Executive
Director
Fee changes in various sections: delete the maximums for various fees and
other fee changes pursuant to the Board's authority to set fees (1601.155)
enacted by 76th Texas Legislature
6. Pursuant to the General Appropriations Act (78th Texas Legislature),
consider the crossover enforcement contract between the Texas Cosmetology
Commission and the TSBBE for FY 2004 and FY2005.
7. Letter to the Office of the Attorney General requesting direction on how
to comply with seemingly mutually exclusive mandates of TexasOnline and
physical presentation of a health certificate for original license and
renewal.
8. If needed and pursuant to §551.071 and §551.074 of the Texas Government
Code, the Board may enter into Executive Session to address personnel and/or
legal matters.
9. If needed, Board may reconvene in open session to consider and vote on
personnel and/or legal matters addressed in Executive Session.
10. Adjourn
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