TSBBE BOARD MEETING AGENDA
May 3, 2004 (1:00 pm) and May 4, 2004 (9:00 am), if Necessary
(Meeting Location: 5717 Balcones Drive, Austin, Texas 78731)
The Board may deliberate and take action regarding any item on the agenda.
The Board may go into Executive Session for consultation with the Boardís attorney
under Chapter 551.071 of the Texas Government Code, and/or for deliberation
of personnel matters under 551.074 of the Texas Government Code.
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 or presiding officer.
2. Review and approval of minutes for March 1, 2004 board meetings.
3. Recognize individuals for their service to the barber profession and the
community, or to the Board.
4. Public Comment
5. Presentation by Mr. Joseph Pitner, Assistant Attorney General, regarding
roles and responsibilities of the Office of Attorney General, the Board, and
individual board members.
6. Consideration of and possibly take action on Final Orders (from SOAH) and
Agreed Orders (from Executive Director).
7. Consideration of and possibly take action on Executive Directorís Report
(general update on agency operations):
A. Inspectors Meeting and follow-up on implementation of new inspection
B. Agency implementation of audit recommendations.
C. Strategic Plan for 2005 Ņ 2009.
D. Agency contract with Cosmetology.
E. Tuition Protection Account Request
F. Status of New Teacherís Exam in English
G. Status of New Teacherís Exam in Spanish
H. Status of request for Attorney Generalís Opinion regarding health
certificate requirement and requirement to use Texas Online.
I. Other items to be identified as necessary.
8. Consideration of and possibly take action on agency reports:
A. Financial Operations Report (YTD March 31, 2004)
B. Report on Fines and Receivables
C. Second Quarter Performance Report
D. Agency report on Schools and Enrollments (YTD March 31, 2004)
E. Agency report on Examinations (YTD April 30, 2004)
F. Risk Assessment Report (not risk-based inspections policy)
9. Consideration of and possibly take action on rule to be proposed to adopt
new fees required by the Texas Online Authority related to new licenses and
permits and renewal of certain shop permits. Staff will propose rule(s) to
adopt new fees related to Texas Online to include: $6 for original license
for Registered Class A Barber license; $6 for original Barber Technician
license; $3 for original Manicurist license; $4 for original Barber Shop Permit;
$4 for original Booth Rental Permit; $4 for original Manicurist (Specialty)
Shop Permit; $4 for renewal of Barber Shop Permit; $4 for renewal of Booth
Rental Permit; and $4 for renewal of Manicurist (Specialty) Shop permit. All
new fees would be effective with all affected renewals due on or after
September 1, 2004 and with affected original licenses or permits issued on or
after September 1, 2004.
10. Consideration of and possibly take action on Sunset Advisory Commission
staff recommendations and alternatives, and status of Sunset process.
Possible presentations by representatives from the Texas Department of
Licensing and Regulation and the Texas Workforce Commission.
11. Consideration of and possibly take action on updates to agency inspection
policy for schools, shops, and licensees.
12. Consideration of and possible take action on staff proposal to update New
School Application Package and Process with goal of improving appearance and
efficacy of the Package and modifying inspection process to include a
pre-final check by inspector(s) before final board inspection.
13. Consideration of and possibly take action on Board legislative package
for 79th Legislature. Package was adopted in January, 2004 board meeting.
Board will review its legislative package and consider the addition or
deletion of items. Significant items currently included are: (1) request to
delete TOC 1601.264 and 1601.402 requirements for health certificate to
obtain or renew a barber license; (2) delete TOC 1601.301 requirement that
barber must have practiced at least 12 months before obtaining a shop permit;
(3) change TOC 1601.257 minimum age for manicurist license from 16 years of
age to 17 years of age; (4) change TOC 1601.560 to allow 25:1 student/teacher
ratio in barber schools rather than current 20:1; and other items. Complete
list can be requested by contacting Glenn Parker, Executive Director, TSBBE
at 512-936-6333 or firstname.lastname@example.org.
14. Consideration of and possibly take action on continued regulation of
manicurists by TSBBE. Board will consider pros and cons of transferring
regulation of manicurists and specialty shops licensed by the Board to the
Texas Cosmetology Commission.
15. Consideration of and possibly take action on changes to Board Rules to be
proposed concerning eliminating required warnings for some categories of
violations and replacing the 1st offence in those categories with fines. See
16. Consideration of and possibly take action on rule to be proposed to
require regular, documented sanitation procedures for equipment and baths
used for pedicures and/or manicures.
17. Consideration of and possibly take action on change to Rule 51.12 to be
proposed to require payment of $1,000 inspection fee for new schools or up to
$500 re-inspection fee to be received by the Board before school inspection
will be scheduled.
18. Consideration of and possibly take action on board organizational issues,
including but not limited to:
A. Identification of Board meeting dates for remainder of 2004.
B. Consideration of status of and appointments to board committees.
C. Consideration of process for Board self-evaluation and evaluation of