Agency Name:

Texas State Board of Barber Examiners

Date of Meeting:


Time of Meeting:

01:30 PM (Local Time)


Texas State Board of Barber Examiners


Texas State Board of Barber Examiners



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City Location:


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Emergency Meeting?:


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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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