TDLR advisory board approves clarifying draft language on natural hair braiding for future rulemaking

The TDLR Barbering and Cosmetology Advisory Board debated how to draw the regulatory line between regulated cosmetology services and the statutory exemption for natural hair braiding, and the board approved draft clarifying language for inclusion in a future rule package.

Assistant General Counsel Athena Ponce reviewed draft text intended to clarify the statutory exemption for natural hair braiding and to limit the activities that fall outside the exemption. The materials referenced the applicable statutory exemption and agency rule references and offered sample language to clarify whether activities such as shampooing, drying or use of heat tools would be considered part of braiding.

Board members expressed divergent views over whether incidental drying — and particularly blow-drying with heat and brushes — should be allowed without a cosmetology/barber license. “If the blow dryer is used for [styling or straightening] purposes, then it is a regulated service, and you need a license to do it,” assistant counsel Derek Burkhalter explained. Enforcement counsel stressed the need for clear definitions so investigators can distinguish unlicensed activity from exempt braiding services.

After discussion the board first voted down draft language that explicitly preserved incidental drying in the exemption. The board later approved separate staff-drafted clarifying language (referred to in staff materials as language “f”) to be included in a future rule package; staff emphasized that any formal rule change would return to the advisory board for review and be subject to public comment and commission action. Enforcement noted that clearer definitions will help the agency determine when unlicensed individuals are performing regulated services beyond the braiding exemption.

The action is a direction to staff to prepare a rule package that incorporates the approved clarifying language and to coordinate with enforcement on wording that supports investigations. No regulatory change takes effect until the formal rulemaking process (advisory review, published proposal, public comment, commission vote) is completed.