Terms Used In Texas Occupations Code 1603.0013

  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

This chapter does not apply to a person who:
(1) does not represent or advertise to the public directly or indirectly that the person is authorized by the department to practice barbering or cosmetology and the person is:
(A) licensed in this state to practice medicine, dentistry, podiatry, chiropractic, or nursing and operating within the scope of the person’s license;
(B) a commissioned or authorized medical or surgical officer of the United States armed forces; or
(C) an inmate in the institutional division of the Texas Department of Criminal Justice who performs barbering or cosmetology during the person’s incarceration;
(2) provides a service in an emergency;
(3) is in the business of or receives compensation for makeup applications only;
(4) provides a cosmetic service as a volunteer or an employee performing regular duties at a licensed nursing or convalescent custodial or personal care home to a patient residing in the home;
(5) owns, operates, or manages a licensed nursing or convalescent custodial or personal care home that allows a person with an operator license to perform cosmetic services for patients residing in the home on an occasional but not daily basis;
(6) provides an incidental cosmetic service, or owns, operates, or manages the location where that service is provided, if the primary purpose of the service is to enable or assist the recipient of the service to participate as the subject of:
(A) a photographic sitting at a permanent establishment that charges a fee exclusively for a photographic sitting;
(B) a television appearance; or
(C) the filming of a motion picture; or
(7) performs only natural hair braiding, including braiding a person’s hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair by braiding and without the use of chemicals or adhesives.