TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 73. ELECTRICIANS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.110, regarding the Electricians program, without changes to the proposed text as published in the April 11, 2025, issue of the Texas Register (50 TexReg 2371). This rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 73, implement Texas Occupations Chapter 1305, Electricians.

The adopted amendment reduces, from four to three, the number of "practicum" credits that a high school or college electrical career and technical education (CTE) program must require its students to complete. The Department's current rule at 16 T.A.C. §73.110, which implemented House Bill 1391 (88th Reg. Session, 2023), outlines the standards for electrical CTE programs. Under the current version of §73.110, electrical CTE programs must require students to complete four credits in a practicum course. In a practicum course, students earn academic credit for working off-campus for an electrical contractor, under the supervision of a master electrician. The adopted amendment is necessary because public Texas public high schools are authorized to offer only up to three credits in a practicum course. Requiring schools to provide four credits of a practicum course would impose unnecessary burdens and costs on schools and would adversely affect many students' schedules.

SECTION-BY-SECTION SUMMARY

The adopted amendment amends §73.110(b)(4) to reduce, from four to three, the required number of practicum credits that an electrical CTE program must offer.

PUBLIC COMMENTS

The Department drafted and distributed the proposed amendment to persons internal and external to the agency. The proposed amendment was published in the April 11, 2025, issue of the Texas Register (50 TexReg 2371). The public comment period closed on May 12, 2025. The Department received comments from two interested parties on the proposed amendment. The public comments are summarized below.

Comment: IEC of East Texas, Inc. commented in favor of the proposed amendment.

Department Response: The Department thanks IEC of East Texas, Inc. for expressing support for the proposed rules. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Crest Electrical Solutions, LLC commented to inquire about the possibility of future rule changes concerning ovens and ranges. The comment did not address the proposed amendment or take a stance for or against.

Department Response: The comment is not relevant to this rulemaking and the Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on July 8, 2025, the Commission adopted the proposed rules as published in the Texas Register .

STATUTORY AUTHORITY

The adopted amendment is adopted under the Texas Occupations Code, Chapters 51 and 1305, which authorize the Texas Commission of Licensing and Regulation, 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 adopted amendment are those set forth in the Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2025.

TRD-202502629

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: August 15, 2025

Proposal publication date: April 11, 2025

For further information, please call: (512) 475-4879

CHAPTER 82. BARBERS

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.1, 82.10, 82.20, 82.80, and 82.120, regarding the Barbering and Cosmetology program, without changes to the proposed text as published in the March 28, 2025, issue of the Texas Register (50 TexReg 2139). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 82, implement Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology.

The adopted rules are necessary to repeal obsolete rules that are no longer necessary after the consolidation of the rules for barbering and cosmetology into 16 TAC Chapter 83, which took effect September 1, 2023. Provisions in Chapter 82 were left in place to provide details for barbering regarding definitions, licensing provisions, fees, and curriculum requirements that were in effect prior to September 1, 2023. Those provisions are no longer necessary.

SECTION-BY-SECTION SUMMARY

The adopted rules repeal Chapter 82, Barbers, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The adopted rules repeal §82.1, Authority, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The adopted rules repeal §82.10, Definitions, which consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The adopted rules repeal §82.20, License Requirements--Individuals (before September 1, 2023). This repealed section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The adopted rules repeal §82.80, Fees (before September 1, 2023). This section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

The adopted rules repeal §82.120, Technical Requirements--Curricula Standards (before August 1, 2023). This section consists of provisions that are no longer necessary after the consolidation of the rules for barbering and cosmetology.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the March 28, 2025, issue of the Texas Register (50 TexReg 2139). The public comment period closed on May 5, 2025. The Department received comments from one interested party in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on March 17, 2025, the same day that the proposed rules were filed with the Texas Register , but before the official publication of the proposed rules and the official start of the public comment period. The Department received comments from two interested parties on the published proposed rules during the official public comment period. The public comments are summarized below.

Comments in Response to the Posted Summary

Comment 1: An interested individual commented that she considers the spa pedicure log rule requirement to be unnecessary. This comment is neither for nor against the proposed rules, because the rule relevant to the comment is not part of the current rulemaking.

Department Response: The Department disagrees with the comment because it is outside the scope of the proposed rules. This comment concerns rule §83.108 Health and Safety Standards--Foot Spas, Foot Basins, and Spa Liners, which is not part of the proposed rules. This suggestion did not result in any changes to the proposed rules but could be considered during future rulemaking.

Comments in Response to the Published Proposed Rules

Comment 2: An interested individual made a comment about license reciprocity. She wanted the requirement for re-testing by out-of-state license holders to be removed. This comment is neither for nor against the proposed rules, because the proposed rule is not undergoing substantive change during this rulemaking.

Department Response: The Department disagrees with the comment because it is outside the scope of the proposed rules. This comment concerns rule §83.28 Substantial Equivalence and Provisional Licensure, which is being only slightly amended during this rule-making by removing obsolete transition language in subsection (a)(6) and amending subsection (k) to remove an obsolete citation and clarify that the subsection applies to documented work experience performed in the jurisdiction outside of Texas in which the person is licensed. The comment requests a substantive rule change that is not part of the proposed rules that address ongoing consolidation of 16 TAC Chapters 82 and 83.

Though the Department did not make a rule change in response to the comment, the Licensing Division contacted the commenter, and after a discussion, the commenter appeared satisfied with the options that were presented and which did not require re-testing.

Comment 3: An interested individual commented that he was seeking information about updates to cosmetology. This comment was neither for nor against the proposed rules.

Department Response: The Department disagrees with this comment because it is outside the scope of the proposed rules. The Department did not make any changes to the proposed rules as a result of the comment.

This comment was provided to Customer Service so the individual can have his questions addressed.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Barbering and Cosmetology Advisory Board met on June 16, 2025, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register . At its meeting on July 8, 2025, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted repeals are adopted under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2025.

TRD-202502628

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: August 15, 2025

Proposal publication date: March 28, 2025

For further information, please call: (512) 463-7750

CHAPTER 83. BARBERS AND COSMETOLOGISTS

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.2, 83.20, 83.80, 83.120, 83.200, and 83.201; amendments to existing rules at §§83.10, 83.22, 83.23, 83.25, 83.28, 83.72, and 83.202; and new rules at §83.20 and §83.80, regarding the Barbering and Cosmetology program, without changes to the proposed text as published in the March 28, 2025, issue of the Texas Register (50 TexReg 2140). These rules will not be republished.

The Commission also adopts new rules at 16 TAC Chapter 83, §83.15, regarding the Barbering and Cosmetology program, with changes to the proposed text as published in the March 28, 2025, issue of the Texas Register (50 TexReg 2140). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 83, implement Texas Occupations Code, Chapter 1603, Regulation of Barbering and Cosmetology.

The adopted rules repeal obsolete transition provisions; reorganize rule sections; clarify definitions and services regulated by the Department; update terminology and citations; clarify licensing provisions for establishments and schools; update school facility and signage requirements; and clarify curriculum requirements.

Additionally, the Department removed an erroneous reference to §83.31 which appeared in the opening paragraph of the March 28, 2025, issue of the Texas Register (50 TexReg 2140). No changes have been made to that section.

Four-Year Rule Review

The adopted rules are necessary to implement changes recommended as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department's Notice of Intent to Review 16 TAC Chapter 83, was published in the March 31, 2023, issue of the Texas Register (48 TexReg 1737). At its meeting on October 10, 2023, the Commission readopted the rule chapter in its entirety without changes. The readoption notice was published in the November 10, 2023, issue of the Texas Register (48 TexReg 6613).

In response to the Notice of Intent to Review that was published, the Department received public comments from six interested parties requesting amendments to Chapter 83. The comments suggested changes including reinstating the instructor license; allowing licensees to provide micropigmentation and intradermal cosmetic services; requiring licensees to obtain a bloodborne pathogen certification; requiring only one exam for licensure; removing continuing education requirements; allowing licensed public schools to administer practical exams; and making changes to the subjects and hours listed in the curriculum requirements. These suggested changes are not included in the adopted rules. The adopted rules consist only of changes recommended by Department staff during the rule review process.

SECTION-BY-SECTION SUMMARY

The adopted rules repeal existing §83.2, Transition Provisions. The provisions in this repealed rule consist of transition language to accommodate the consolidation of the Barbering and Cosmetology rules that took effect September 1, 2023. These provisions are no longer necessary.

The adopted rules amend §83.10, Definitions. The adopted rules add clarifying language to the definition of "esthetician" remove the definition for "esthetician/manicurist" and replace it with the same definition for "manicurist/esthetician" for consistency with statutory terminology; amend the definition for "eyelash extension application" by replacing "and" with "or" and adding language to clarify that the term does not include a temporary strip or cluster of eyelashes attached to the lash line with an adhesive; add clarifying language to the definition for "eyelash extension specialist"; remove an obsolete reference to "cosmetology" in the definition for "guest presenter"; remove obsolete statutory references in the definition for "license"; rephrase the definition for "safety razor" to provide clarity; and renumber the remaining provisions.

The adopted rules add new §83.15, Application of Chapter, to clarify the Department's interpretation of certain provisions of Texas Occupations Code §1603.0013. The adopted rules add new subsection (a) to explain the intent of the section; add new subsection (b) to clarify the term "cosmetic service" includes any barbering or cosmetology service; add new subsection (c) to clarify the meaning of the term "licensed nursing or convalescent custodial or personal care home"; and add new subsection (d) to clarify that the term "operator license" includes any practitioner license.

The proposed rules included a subsection (b) and (c) to clarify what the practice of "natural hair braiding" does, and does not, include. Texas Occupations Code 1603.0013(7) exempts "natural hair braiding" from the scope of practice of barbering and cosmetology. The Department has removed these subsections from the adopted rules in response to questions from the Barbering and Cosmetology Advisory Board and may explore the topic of natural hair braiding more fully in a possible future rulemaking. More information about this change can be found in the "Advisory Board Recommendations" section below.

The adopted rules repeal existing §83.20, License Requirements--Individuals (before September 1, 2023). The provisions in this repealed rule are replaced with new §83.20, License Requirements--Individuals.

The adopted rules add new §83.20, License Requirements--Individuals. This new rule includes provisions that are relocated from existing §83.200, which is being repealed. The relocated provisions are revised to update rule citations, clarify language regarding criminal history background checks, update terminology for consistency with statutory language, and remove unnecessary transition language.

The adopted rules amend §83.22, License Requirements--Establishments. The adopted rules add new subsection (d) to clarify that a single establishment license may be issued for multiple units or suites operated as a single establishment within the same building or premises.

The adopted rules amend §83.23, License Requirements--Schools. The adopted rules add new subsection (f) to clarify that a single school license may be issued for multiple units or suites operated as a single school within the same building or premises.

The adopted rules amend §83.25, License Requirements--Continuing Education. The adopted rules remove an obsolete citation in subsection (h)(3) and amend subsection (k) to clarify that the subsection applies to a licensee who has held a practitioner license in Texas.

The adopted rules amend §83.28, Substantial Equivalence and Provisional Licensure, by removing obsolete transition language in subsection (a)(6) and amending subsection (k) to remove an obsolete citation and clarify that the subsection applies to documented work experience performed in the jurisdiction outside of Texas in which the person is licensed.

The adopted rules amend §83.72, Responsibilities of Schools. The adopted rules amend subsection (c) to remove the requirement for a school to notify the Department of alterations to its floor plan; amend subsection (f) to remove an obsolete citation; rephrase subsection (h) for clarity; amend subsection (k)(2)(C) to update a citation; amend subsection (q) to update a citation; amend subsection (u) to remove the requirement for a school to have a classroom separated from the laboratory area by walls extending to the ceiling; amend subsection (v)(1) to allow a school to post a copy of the school's most recent inspection report instead of posting a notice that a copy of the report is available upon request; amend subsection (v)(3) to allow a school to post a sign provided by the Department instead of posting a sign in at least 10-inch block letters; and add new subsection (y) to clarify that a school must not allow an instructor to teach services outside the scope of the instructor's practitioner license.

The adopted rules repeal existing §83.80, Fees (before September 1, 2023). The provisions in this repealed rule are replaced with new §83.80, Fees.

The adopted rules add new §83.80, Fees. This new rule includes provisions that are relocated from existing §83.201, which is being repealed. The relocated provisions are revised to update terminology, update citations, and remove obsolete transition language. The Advisory Board added parenthetical language for clarity.

The adopted rules repeal §83.120, Technical Requirements--Curriculum Standards (before August 1, 2023). This repealed section includes curriculum standards that became obsolete on August 1, 2023. The current curriculum standards are provided in existing §83.202.

The adopted rules repeal §83.200, License Requirements--Individuals (on or after September 1, 2023). The provisions in this repealed section are relocated to new §83.20 with revisions as explained in the summary for that section.

The adopted rules repeal §83.201, Fees (on or after September 1, 2023). The provisions in this repealed section are relocated to new §83.80 with revisions as explained in the summary for that section.

The adopted rules amend §83.202, Technical Requirements--Curriculum Standards (on or after August 1, 2023). The adopted rules amend the section title to remove obsolete transition language and amend the section text to add clarifying language, provide consistent terminology, and remove unnecessary language and obsolete transition provisions.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the March 28, 2025, issue of the Texas Register (50 TexReg 2140). The public comment period closed on May 5, 2025. The Department received comments from one interested party in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on March 17, 2025, the same day that the proposed rules were filed with the Texas Register , but before the official publication of the proposed rules and the official start of the public comment period. The Department received comments from two interested parties on the published proposed rules during the official public comment period. The public comments are summarized below.

Comments in Response to the Posted Summary

Comment 1: An interested individual commented that she considers the spa pedicure log rule requirement to be unnecessary. This comment is neither for nor against the proposed rules, because the rule relevant to the comment is not part of the current rulemaking.

Department Response: The Department disagrees with the comment because it is outside the scope of the proposed rules. This comment concerns rule §83.108 Health and Safety Standards--Foot Spas, Foot Basins, and Spa Liners, which is not part of the proposed rules. This suggestion did not result in any changes to the proposed rules but could be considered during future rulemaking.

Comments in Response to the Published Proposed Rules

Comment 2: An interested individual made a comment about license reciprocity. She wanted the requirement for re-testing by out-of-state license holders to be removed. This comment is neither for nor against the proposed rules, because the proposed rule is not undergoing substantive change during this rulemaking.

Department Response: The Department disagrees with the comment because it is outside the scope of the proposed rules. This comment concerns rule §83.28 Substantial Equivalence and Provisional Licensure, which is being only slightly amended during this rule-making by removing obsolete transition language in subsection (a)(6) and amending subsection (k) to remove an obsolete citation and clarify that the subsection applies to documented work experience performed in the jurisdiction outside of Texas in which the person is licensed. The comment requests a substantive rule change that is not part of the proposed rules that address ongoing consolidation of 16 TAC Chapters 82 and 83.

Though the Department did not make a rule change in response to the comment, the Licensing Division contacted the commenter, and after a discussion, the commenter appeared satisfied with the options that were presented and which did not require re-testing.

Comment 3: An interested individual commented that he was seeking information about updates to cosmetology. This comment was neither for nor against the proposed rules.

Department Response: The Department disagrees with this comment because it is outside the scope of the proposed rules. The Department did not make any changes to the proposed rules as a result of the comment.

This comment was provided to Customer Service so the individual can have his questions addressed.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Barbering and Cosmetology Advisory Board met on June 16, 2025, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §83.15 made in response to public comments and/or Department recommendations.

At the Commission Meeting on July 8, 2025, the Commission adopted the proposed rules with changes as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted repeals are adopted under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The adopted repeals are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

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

The legislation that enacted the statutory authority under which the adopted repeals are to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2025.

TRD-202502633

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: August 15, 2025

Proposal publication date: March 28, 2025

For further information, please call: (512) 463-7750

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 1603, which authorize the Texas Commission of Licensing and Regulation, 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 adopted rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department’s statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

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

The legislation that enacted the statutory authority under which the adopted rules are to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§ 83.15. Application of Chapter.

(a) This section clarifies certain provisions of §1603.0013 of the Act.

(b) For purposes of §1603.0013(4), (5), and (6), the term "cosmetic service" includes any barbering or cosmetology service.

(c) For purposes of §1603.0013(4) and (5), the term "licensed nursing or convalescent custodial or personal care home" means the holder of a license issued under Texas Health and Safety Code, Chapter 242.

(d) For purposes of §1603.0013(5), the term "operator license" includes any practitioner license.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2025.

TRD-202502630

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: August 15, 2025

Proposal publication date: March 28, 2025

For further information, please call: (512) 463-7750