Texas Adopts Rules Affecting Estheticians, Cosmetologists, Barbers

May 31 Update: Rule Adoption

On May 12, 2023, the Texas Department of Licensing and Regulation adopted, without changes, the proposed rules as published in the March 3, 2023, issue of the Texas Register. The rules below are effective June 1, 2023.

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The Texas Department of Licensing and Regulation (TDLR) is proposing amendments to existing rules that affect massage therapists, cosmetologists, and barbers. The proposed rules impact the following areas:
 

• License eligibility after revocation
• License eligibility for those with criminal convictions
• Rule adoption petitions

If you would like to send written comments to TDLR in support of, or in opposition to, the proposed rules, you must submit them electronically on TDLR’s website no later than October 30, 2022. ASCP has summarized the proposed rules for you below.

License Eligibility After License Revocation

The proposed rules would require a person with a revoked license by order of TDLR or the executive director to wait one year from the date of revocation before applying for a new license.

The rules would require a person with a revoked license due to failing to pay an administrative penalty or an outstanding insufficient funds fee to apply for a new license at any time if the person:

1. Pays the administrative penalty or outstanding insufficient funds fee in full, or
2. Is paying the administrative penalty under a payment plan
    

License Eligibility for Those with Criminal Convictions

The proposed rules would require a person with a revoked license by order of TDLR or the executive director based on the person’s criminal history to wait one year from the date of revocation before applying for a new license.

The rules would require a person with a revoked license due to incarceration or imprisonment to wait until release from incarceration before applying for a new license.

Rule Adoption Petitions

Any interested person may request that a rule be adopted, amended, or repealed by submitting a written petition to TDLR. Rulemaking petitions already exist in current law, but the proposed rules clarify the process. Rulemaking petitions must be submitted electronically on TDLR’s website at https://ga.tdlr.texas.gov:1443/form/gcerules.   

To write a petition, an “interested person” must be:  

• A Texas resident
• A Texas business
• A Texas governmental subdivision, or
• A Texas public or private organization that is not a state agency

Written rulemaking petitions must include:

1. The interested person’s full name, mailing address, telephone number, and email address
2. A statement explaining how the person qualifies as an “interested person”
3. A summary and explanation of the draft rule change
4. Reasons why the person believes the rulemaking is necessary
5. A statement addressing whether there would be a cost to anyone impacted by the draft rule change (if the cost is known)
6. If proposing a new rule, include the suggested language with the new text underlined
7. If proposing an amendment or repeal, include the specific section and text of the rule with deletions crossed through and additions underlined

A rulemaking petition will be denied if it is submitted by a person who does not qualify as an “interested person” or if it does not contain the required information listed above. After 60 days of receiving a rulemaking petition, the interested person will receive notice that their petition was either denied or that a rulemaking proceeding will begin.