Relating to the eligibility of an inmate for certain occupational licenses and the practice of certain occupations by an inmate of the Texas Department of Criminal Justice.

89(R) HB 3860 - Engrossed version - Bill Text

89R12833 AND-F

By: Allen, Jones of Dallas

H.B. No. 3860

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of an inmate for certain occupational

licenses and the practice of certain occupations by an inmate of the

Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 51, Occupations Code, is

amended by adding Section 51.4042 to read as follows:

Sec.

51.4042.

ELIGIBILITY OF INMATES FOR CERTAIN LICENSES.

Notwithstanding any other law, the commission may adopt rules

authorizing the issuance of a license under Chapter 1302, 1305, or

1603 to an applicant who is an inmate of the Texas Department of

Criminal Justice.

SECTION 2. Subchapter B, Chapter 1302, Occupations Code, is

amended by adding Section 1302.062 to read as follows:

Sec.

1302.062.

INMATES. This chapter does not apply to a

person who performs air conditioning and refrigeration-related

work as an inmate in the Texas Department of Criminal Justice if the

work is performed as part of a reentry program or under supervision

acceptable to the department.

SECTION 3. Section 1305.003, Occupations Code, is amended

by adding Subsection (a-1) to read as follows:

(a-1)

This chapter does not apply to a person who performs

electrical work as an inmate in the Texas Department of Criminal

Justice if the work is performed as part of a reentry program or

under supervision acceptable to the department.

SECTION 4. Section 1603.0013, Occupations Code, is amended

to read as follows:

Sec. 1603.0013. APPLICATION OF CHAPTER.
(a)
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.

(b)

This chapter does not apply to a person who performs

barbering or cosmetology as an inmate in the Texas Department of

Criminal Justice if the work is performed as part of a reentry

program or under supervision acceptable to the department.

SECTION 5. This Act takes effect September 1, 2025.