89th Legislature Regular Session

SB 748

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 748 seeks to amend current law governing the regulation of laser hair removal procedures in Texas. Specifically, the bill modifies Section 401.5011 of the Health and Safety Code to clarify that the executive director of the regulating agency is responsible for administering and enforcing Subchapter N, which pertains exclusively to laser hair removal. The bill simplifies statutory language by substituting “this subchapter” for “chapter,” thereby narrowing the scope of responsibility explicitly to laser hair removal and avoiding confusion with broader radiation-related regulation under Chapter 401.

In addition to this clarification, SB 748 repeals Sections 401.516(b) and 401.516(c) of the Health and Safety Code. These repealed provisions had previously established supervisory requirements and other procedural rules for facilities or individuals offering laser hair removal services. The repeal effectively removes specific oversight language, suggesting a move toward either deregulation or a restructuring of the regulatory framework surrounding non-physician-administered cosmetic procedures.

The bill does not add new requirements or safeguards in place of the repealed provisions, leaving open questions regarding how consumer protection, practitioner qualifications, or enforcement mechanisms will be managed going forward.
Author
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 748 is expected to have no significant fiscal implications for the State. The bill’s proposed amendments to the regulation of laser hair removal, including the repeal of certain oversight provisions and a clarifying change to the statutory language, are not anticipated to impose material new costs on the Texas Department of Licensing and Regulation (TDLR), which oversees this regulatory area.

The fiscal note further states that any administrative costs associated with implementing the bill's provisions can be absorbed within the agency’s existing resources. This suggests that no new funding, staffing, or infrastructure will be required for the agency to comply with the changes proposed in the legislation.

Additionally, the bill is not expected to have any significant fiscal impact on local governments. This indicates that cities, counties, or other local entities would not incur added financial responsibilities related to enforcement, compliance, or administration stemming from this regulatory revision. Overall, the fiscal impact of SB 748 is considered minimal at both the state and local levels.

Vote Recommendation Notes

SB 748 provides a clear and well-targeted improvement to Texas’s regulatory framework for laser hair removal services. It amends current law to specify that the Texas Department of Licensing and Regulation (TDLR) is responsible only for enforcing the Laser Hair Removal subchapter of the Health and Safety Code, rather than the broader chapter that includes unrelated matters like radioactive materials. This correction eliminates confusion about agency responsibilities and ensures that regulatory authority is properly aligned with agency expertise.

The bill also repeals two outdated provisions that required TDLR to adopt and include specific warning signage rules in every license application. By removing this mandate, S.B. 748 allows the agency to provide safety information through more flexible and efficient methods, such as digital communication. This streamlines the licensing process for businesses and reduces regulatory red tape, while still preserving the agency’s ability to inform licensees about important safety standards.

Importantly, the bill does not increase the size or scope of government, does not impose new costs on taxpayers, and does not create new burdens for businesses or individuals. On the contrary, it simplifies government operations, reduces unnecessary regulation, and improves administrative efficiency. These changes are consistent with the principles of limited government, free enterprise, and personal responsibility.

Given the bill’s focused reforms, minimal fiscal impact, and deregulatory benefits, along with the ability of TDLR to maintain public safety through modern communication practices, Texas Policy Research recommends that lawmakers vote YES.

  • Individual Liberty: The bill indirectly enhances individual liberty by removing rigid and outdated licensing requirements, such as mandatory inclusion of warning sign specifications, allowing licensees more flexibility in how they receive and display safety information. While it repeals some prescriptive standards, it does not limit consumers’ rights or access to essential information, and instead leaves room for more effective communication methods. This maintains public health awareness while supporting personal freedom in professional practice.
  • Personal Responsibility: By streamlining the statute and reducing top-down mandates, the bill encourages licensed professionals to take greater responsibility for understanding and adhering to safety protocols, rather than simply complying with rigid state-imposed documentation rules. It assumes that professionals can and should manage their compliance obligations in a more autonomous way, which aligns with the principle of self-governance and accountability.
  • Free Enterprise: This bill strongly supports free enterprise. It reduces unnecessary bureaucratic hurdles in the laser hair removal industry, making it easier for entrepreneurs and small businesses to navigate the licensing process. By eliminating redundant rulemaking and simplifying administrative procedures, it helps lower barriers to entry and promotes innovation in the cosmetic services sector.
  • Private Property Rights: While not directly impacting property ownership, the bill helps protect the use of private business resources by eliminating inefficient regulatory requirements. Business owners will no longer need to allocate time and materials to satisfy outdated signage mandates, allowing them to focus their property and resources on customer service and operations.
  • Limited Government: The bill exemplifies limited government by reducing the regulatory footprint of the state. It narrows TDLR’s scope of authority to its proper domain and removes unnecessary rules, avoiding overreach into areas best governed by professional standards or market forces. Importantly, it does so without compromising safety or public trust, demonstrating a well-calibrated approach to deregulation.
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