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TDLR advisory board votes to publish rule rewrite repealing Chapter 82 and consolidating barbering into Chapter 83
Summary
The Texas Department of Licensing and Regulation advisory board recommended publication of proposed rule changes to repeal Chapter 82 and fold barbering rules into Chapter 83; the board voted unanimously to publish for public comment and move toward possible commission adoption in June.
The Texas Department of Licensing and Regulation Barbering and Cosmetology Advisory Board voted to recommend publication of proposed rule changes that would repeal Chapter 82 (barbers) and consolidate barbering and cosmetology rules in Chapter 83.
The recommendation, made during the board's meeting, followed a staff presentation from Derek Burkhalter, deputy general counsel for TDLR, who described the rewrite as cleanup following the 87th Legislature's House Bill 1560. Burkhalter told the board the changes remove transition provisions tied to the September 1, 2023 rule implementation and make a single, current rule set apply to all practitioner and school types.
Burkhalter said the rewrite removes obsolete references, relocates and clarifies definitions, and adds limited clarifications such as the department's nonregulation of adhesive strip or cluster lashes within the eyelash-extension definition. He also described a new subsection clarifying that multiple suites or units within the same building may be licensed as a single establishment if operated as one business.
Board member Laura Valdez moved to recommend publication; Natalie Holman seconded. A roll-call vote recorded unanimous approval by the members present: Natalie Enderman; Natalie Holman; Laura Valdez; Aurora Farthing; Salvador Flores; and Presiding Officer Mary Lindsey. The board's motion authorizes publication of the proposed repeal of Chapter 82 and the companion amendments to Chapter 83 in the Texas Register for a 30-day public comment period.
Nut graf: The publication begins a public-comment and review phase before the commission considers adoption. If adopted after the public-comment period and any subsequent modifications, TDLR staff said they would seek effective dates aligned with routine rulemaking timelines (staff indicated possible commission consideration in June and an August 1 effective date if adopted).
Board discussion highlighted specific items the rewrite addresses: removal of transition language that referenced pre-September 1, 2023 requirements; harmonizing and relocating definitions; clarifying exemptions for natural hair braiding (including shampooing, drying or blow-drying performed as part of braiding); and adding a statutory cross-reference to limit certain continuing-education reductions to those who held a Texas license for 15 years. Derek Burkhalter summarized the next steps, saying the published proposal would return to the advisory board with public comments before being presented to the commission.
During questions, board members asked about minor editorial items that could be addressed in the public-comment phase — for example, whether makeup should remain named in curriculum lists. Staff said such a substantive change may require additional fiscal analysis and separate rulemaking; stakeholders may comment during the public-comment period.
Ending: The advisory board vote clears the proposed rule packet for public comment. TDLR staff said they will present collected public comments and any recommended adjustments at a subsequent advisory-board meeting before seeking final action by the commission.
