## ATTOWMEY GENERAL P

June 

## 19,

1970

Dr. George J. Beto Director OpinionNo. M- 651 Texas Department of Corrections Re: Huntsville, Texas 77340 Whether the Texas Department of Correction5mas 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 connectionwith your request you have providedus with the following information:

"TheTexas Department of Corrections is in the final stages of planning for the establishment of a Barber School on the ClemensUnit, located in Brazoria County, Texas. This schoolhas been authorizedby the Criminal Justice Council and funded under the provisions of the Omnibus Crime Bill. "TheTexas Department of Corrections, in order to complywith 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 rehabilitationprogram. "TheTexas Department of Correctionshas 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.

. . ."TheTexas Department of Correctionswill adhere to all provisions of the Law Governing the Practice of Barbering, and will submit to the State

-3120-Dr. George J. Beto, page 2 (M-651)

Board of Barber Examiners for prior approval all plans and specifications. "TheTexas Department of Correctionsrespectfully 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 collegehas firstmet the requirements of this Section.

. . .' From the all-encompassingdescription of entitiespermitted to operatebarber schools contained in the foregoing Section g(a), it is reasonable to conclude that the Legislaturewas concernedwith controllingthe operation of such schools,rather than limiting in any way the nature of the entitywhich owned or managed the school. We would therefore appear to be required to give a broad constructionof 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:

"Whileviewed in Its aspect of a socialunit or of a governmental organization,a state has been said to be a corporatebody; strictly speaking,a state is not a corporationwithin themeaning 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 Includedwithin themeaning 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 citationsmade In support thereof, It can be seen that there is a division of authorityas to whether the State, or a subdivision thereof,may properlybe considereda "person"within themeaning of a statute. In view of the clear functions of public servicewhich are incumbentupon both the Texas Board of Barber Examiners and the Texas Department of -3121-. .

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 foreclosinga 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 tomake application for a permit to conduct a barber schoolupon the premises of the Department of Corrections to receive a licenseand operate a schoolupon complyingwith the statutoryrequirements. SUMMARY The Texas Department of Corrections is authorized tomake application for a permit to conduct a barber schoolunder the provisions of Article 734(a),V.P.C., and to receive a license and operate a school,upon complyingwith the statutoryflquirements.

eneral of Texas Preparedby Malcolm L. Quick AssistantAttorney 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 ALFREDWALKER Executive Assistant NOLA WRITE First Assistant

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