TDLR advisory board backs Title 16 cleanup, removes blow-dry allowance in natural-hair-braiding rule

The TDLR Barbering and Cosmetology Advisory Board on June 2 recommended that the Texas Department of Licensing and Regulation adopt a package of rule changes to Title 16, Texas Administrative Code, chapters 82 and 83, after deleting a provision that would have explicitly allowed shampooing and blow-drying in preparation for natural hair braiding.

The rule package stems from the four-year review required under Texas Government Code section 2001.039 and was published in the Texas Register on March 28, 2025, with a public-comment period that closed May 5, 2025. Assistant General Counsel Athena Ponce told the board the rules repeal obsolete chapter 82 provisions left after the consolidation of barbering and cosmetology regulations and reorganize and clarify chapter 83 language on definitions, licensing, school facility and signage requirements, fees, and curriculum.

Board members spent extended time on the statutory exemption for natural hair braiding in Texas Occupations Code, Chapter 1603, Section 1603.0013. Several members said the draft language in proposed 16 TAC 83.15(b)(3) — which would have allowed “shampooing, drying, or blow-drying a client’s hair in preparation for natural hair braiding” — risked widening an existing gray area between unlicensed braid services and licensed cosmetology or barbering work. Advisory member Salvador Flores said the blow-dry language raised “financial” and scope-of-practice concerns for licensed salons; Laura Valdez and Naylen Joy Holman expressed similar worries about public-safety and market impacts.

Staff from the enforcement and compliance divisions explained the narrower intent of the language. Angela Sanders, cosmetology program specialist, said the requirement to dry hair before braiding was added for client safety — for example, to prevent scalp conditions that could arise if a braid were applied to hair that remained wet. A prosecutor in enforcement described the proposed text as narrowly tailored to preparation for braiding, not a general authorization to perform blowouts or other licensed salon services.

After an initial vote on the full chapter 83 package failed to produce a clear majority, the board reconsidered and adopted an amended motion to recommend the rule package to the commission with two changes: removing the word "and" at the end of subsection (b)(2) and deleting subsection (b)(3) in 83.15 (the line that referred to shampooing/drying/blow-drying in preparation for braiding). The motion to approve the package as amended passed on a roll call vote; members voting in favor included Ladetrick Leonard, Ron Jemison, Neland (Naylen) Joy Holman, Laura Valdez, Salvador Flores, and presiding officer Mary Paschal Lindsey.

Athena Ponce advised that adoption by the Commission of Licensing and Regulation is still required to make the amendments effective. Board members asked staff to consider convening a follow-up discussion or small committee to revisit the natural-hair-braiding language more comprehensively in a future rulemaking, to resolve remaining questions about shampooing and drying and to clarify training or scope distinctions between braid services and cosmetology/barber services.

The advisory board packet notes the department received three public comments during the published comment period; Ponce told the board those submissions did not directly address the proposed rules and that two commenters had been contacted by agency staff to address licensing or customer-service questions. The board’s recommendation will be forwarded to the commission for its consideration and any final rule adoption.

Next steps identified by staff and board members include forwarding the advisory board recommendation to the commission, and scheduling further discussion of natural-hair-braiding language if the commission or stakeholders request additional clarification.