1. (a) To be eligible for a beauty culture school license, an applicant must:

   1. (1) obtain the current law and rules book;
   2. (2) comply with the requirements of the Act and this chapter;
   3. (3) submit a completed application on a department-approved form;

   4. (4) one of the following:

      1. (A) for a private beauty culture school, pay the applicable license and inspection fees required under §83.80 and any required fee under §83.40; or
      2. (B) for a public beauty culture school, pay the applicable inspection fee required under §83.80; and
   5. (5) for a private beauty culture school, provide a current financial statement prepared by a certified public accountant. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application.
2. (b) A beauty culture school must be inspected and approved by the department prior to the operation of the school.

3. (c) Private beauty culture schools must have and maintain the following:

   1. (1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking fountain facilities;
   2. (2) In counties with populations of 100,000 or less, the building must have a minimum of 1,800 square feet of floor space. In counties with populations of more than 100,000, the building must have a minimum of 2,800 square feet of floor space. Population shall be determined according to the current decennial data compiled by the United States Census Bureau.
   3. (3) equipment established by the department sufficient to instruct a minimum of 10 students;
   4. (4) proof of ownership of building or proof of a lease for the first 12 months of operation; and
   5. (5) a copy of the curriculum approved by the department for each course offered.

4. (d) Public beauty culture schools must have and maintain the following:

   1. (1) not less than 2,200 square feet that includes office, dispensary, locker room, classroom and laboratory space;
   2. (2) equipment required by the department; and
   3. (3) a copy of the curriculum approved by the department for each course offered.

Source Note:The provisions of this §83.23 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective February 17, 2012, 37 TexReg 681.