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Texas Department of Licensing and Regulation

Barbering
Barber's pole

Justification for Barbers Administrative Rule Adoption §82.72
The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to an existing rule at 16 Texas Administrative Code (“TAC”), Chapter 82, §82.72, regarding the responsibilities of barber schools, without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3106). The adoption takes effect July 1, 2008.

The amendment will restore text to the rule that was inadvertently omitted in a prior rulemaking adoption. The Commission adopted amendments to 16 TAC, §82.72, effective August 1, 2006, with no changes to subsection (g) regarding the responsibility of a barber school to ensure that each student is equipped with his or her own personal tools. However, due to an error in the agency’s document submission of §82.72 to the Texas Register, the text for paragraphs (1)-(14) of subsection (g) was inadvertently omitted. This text is a list of specific tools that the school is to provide to a barber student. This rule adoption will correct the error.

The Texas Department of Licensing and Regulation (“Department”) drafted and distributed the proposed rule to persons internal and external to the agency. The proposed amendment was published in the Texas Register on April 18, 2008. The comment period closed on May 19, 2008. One public comment was received in response to the proposed rule.

The comment suggests replacing the proposed language of “one neck duster” with “three re-usable neck dusters made of plastic.” The commenter believes that this language will better facilitate cleaning and disinfecting of the neck dusters. Specifying that a neck duster must be made of plastic would allow the duster to be soaked in a disinfectant solution, and requiring three neck dusters would allow the student to use one duster while others are drying. The Department disagrees with the comment and believes that the current requirement of one neck duster is a sufficient requirement for a student kit. A neck duster, even if not made of plastic, could be sprayed with disinfectant between clients and generally could be immersed in a disinfectant solution for the minimum time necessary for disinfection. While it might be advisable for students to have more than one neck duster, the Department does not believe that the volume of customers typically seen by students would necessitate a requirement of three neck dusters.

The amendments are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorizes the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the adoption.
 
 

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