ATTOWMEY GENERAL 

P 

June 19, 1970 

Dr. George J. Beto 

Director 

Opinion No. M- 651 

Texas Department of Corrections Re: 

Huntsville, Texas 77340 

Whether the Texas Department of Correction5 mas 

qualify for a license to 

operate a barber school 

Dear Dr. Beto: under Article 73&a, V.P.C. 

You have requested the opinion of this office concerning 

the above question. In connection with your request you have provided us with the following information: 

"The Texas Department of Corrections is in 

the final stages of planning for the establishment 

of a Barber School on the Clemens Unit, located in 

Brazoria County, Texas. This school has been authorized by the Criminal Justice Council and funded 

under the provisions of the Omnibus Crime Bill. 

"The Texas Department of Corrections, in order 

to comply with the above statute, has applied to the 

State Board of Barber Examiners for a permit to 

establish and operate a Barber School to train Inmates 

as a part of the rehabilitation program. 

"The Texas Department of Corrections has been 

advised that a permit will not be issued since the 

Texas Department of Corrections, a state agency, Is 

not Included In the following: (a) Any firm, corporation, partnership or person desiring to conduct 

or operate a Barber School shall first obtain a 

permit from the State Board of Barber Examiners. 

. . . 

"The Texas Department of Corrections will adhere to all provisions of the Law Governing the 

Practice of Barbering, and will submit to the State 

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Dr. George J. Beto, page 2 (M-651) 

Board of Barber Examiners for prior approval all 

plans and specifications. 

"The Texas Department of Corrections respectfully requests an opinion from the Attorney General 

regarding its application for a permit to establish 

a Barber School. 

Section g(a), Article 734a, Vernon's Penal Code, provides, in part, as follows: 

"Any firm, corporation, partnership or person 

deslring to conduct or operate a barber school or 

college In this State shall first obtain a permit 

from the State Board of Barber Examiners after 

demonstrating that said school or college has 

first met the requirements of this Section. . . .' 

From the all-encompassing description of entities permitted to operate barber schools contained in the foregoing Section g(a), it is reasonable to conclude that the Legislature was 

concerned with controlling the operation of such schools, rather 

than limiting in any way the nature of the entity which owned 

or managed the school. We would therefore appear to be required 

to give a broad construction of the terms 'firm, corporation, 

partnership or person" as used In the Texas Barber Law. 

In 81 C.J.S. 857, States, Section 1, we find the 

following statement: 

"While viewed in Its aspect of a social unit 

or of a governmental organization, a state has been 

said to be a corporate body; strictly speaking, a 

state is not a corporation within the meaning of 

that term as used in various statutes. A State 

has s:ometlmes been referred to as a person, or has 

been held to be Included within the meaning of 'person'; 

but it has also been held that the State is not a 'person' 

within the ordinary or legal definition of that word, and 

that the term 'person' usually does not Include the State.n 

From the foregoing statement, and citations made In support thereof, 

It can be seen that there is a division of authority as to whether 

the State, or a subdivision thereof, may properly be considered a 

"person" within the meaning of a statute. In view of the clear 

functions of public service which are incumbent upon both the 

Texas Board of Barber Examiners and the Texas Department of 

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. . 

Dr. George J. Beto, page 3 (M-651) 

Corrections, we are extremely reluctant to adopt an interpretation of this particular statute that would have the effect 

of foreclosing a State agency from the performance of any aspect 

of its duty. For this reason, and for purposes of Article 734(a) 

only, It is the view of this office that the Texas Department of 

Corrections is a 'person', and thus entitled to make application 

for a permit to conduct a barber school upon the premises of the 

Department of Corrections to receive a license and operate a 

school upon complying with the statutory requirements. 

SUMMARY 

The Texas Department of Corrections is authorized 

to make application for a permit to conduct a barber 

school under the provisions of Article 734(a), V.P.C., 

and to receive a license and operate a school, upon 

complying with the statutoryflquirements. 

eneral of Texas 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Fielding Early 

Rex White 

S. J. Aronson 

Austin Bray 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

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