. . i 

E ATTORNEX GENERAL 

OF -XAS 

WILL WILSON 

*-I-roRNEY csENER*L 

June 14, 1960 

Mr. V. D. Housworth 

Executive Secretary 

State Board of Barber Examiners 

Austin, Texas 

Opinion No. WW-858 

Re: Eligibility of an out 

of state applicant for 

a Texas, Barber's License 

to take another~'examlnatlon in Texas after fallDear Mr. Housworth: lng two examinations, 

iWe are in-receipt of your letter requesting an 

opinion from this office. In your letter you stated as 

follows: 

"Section 13 of the Texas Barber Law 

provides that a barber from another state 

must show that he has worked as a licensed 

barber in another state for two years lmmediately prior to making application for 

the examination in this state. 

"The out of state applicant is given 

two opportunities to take the examination, 

and falling both, It provides that he must 

cease practicing in this State. 

"We have always Interpreted this part 

of the law to mean that an out-of-state 

applicant who fails the two examinations 

must work In another state for two years 

before he would be ellgiblle to take another 

etiminatlon In Texas. This is the part of 

the Law we want the opinion to cover." 

Section 13, Article 734a, Vernon's Penal Code, reads 

in part as folloWa: '~:.' 

"Any person who is at least sixteen 

and one-half years of age, and who can 

furnish evidence of good moral character 
Mr. V. D. Housworth, Page 2 (WW-858) 

and temperate habits, and who has a diploma 

showing graduation from a seven-grade grammar school, or Its equivalent as determined 

by an examination conducted by the Board, 

and either ‘~ 

“(b) Who can prove by personal affidavit 

that he has practiced as a barber in another 

State for at least two years Immediately prior 

to maklnn anollcatlon in this State. and who 

possesse‘;; the qualifications required by this 

Act, shall, upon payment of the required fee, 

be issued a permit to practice as a journeyman 

barber only until he Is called by the Board of 

Barber Examiners to determine his fitness to 

receive a certificate of registration to practice barbering. Should such applicant fall 

to pass the required examination he shall be 

allowed to practice as a journeyman barber 

until he Is called by the Board for the, next 

term of examination. Should he fail at the 

examination he must cease to practice barbering In this state,” (Rnphaels addedI. 

The Legislature of the State of Texas In provldlng 

the quailflcatlona which the Board of Barber Examiners are 

to enforce, provided for a type of reclproclty to cover 

those persons ‘outside the State of Texas, who meet eubstantlally equal standards and qualifications which the law 

provides for those within the State. 

It Is our opinion that Section 13, above quoted, Is 

clear and to the point In providing that a person who seeks 

to obtaln a Texas License to practice barberlng in this State 

by qualifying under this Section of the Act and who twice 

falls his examination, can no longer practice barberlng In 

Texas, at least until he requalifies. 

Subsection (b) of Seatlon 13 provides that to qualify 

as a journeyman, such pereon must have “for at least two years 

Immediately prior to making application In thle State” practiced as a barber. His failing two examlnatione disquallfles him 

from obtaining a license, and he must cease to practice barbering in this State under this Section. He cannot Immediately 

reapply under this Section for he cannot meet the qualifications 

of said Section which provide that he must have practiced for 

two years in another State., 
Mr. V. D. Housworth, Page 3 (WW-858) 

It Is our opinion that such a person may qualify 

himself In order to take another examination by at least 

two methods. The first Is to meet those qualifications 

as provided In Section 7 of the Act which are the general 

qualifications that applicants must generally meet to 

obtain a license. The second method would be to withdraw 

from the state and requalify as a "journeyman" under 

Section 13 of this Act. 

SUMMARY 

A person who seeks to come under the provlsions of Section 13, Article 734a, Vernon's 

Penal Code, after failing once to obtain his 

license to practice barbering in Texas by 

failing the two examinations provided for by 

said statute, must withdraw from the state 

and practice for two years more outside of 

Texas to requal.lfy for examination. 

LFP:mm 

APPROVED 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Iola B. Wilcox 

W. 0. Shultz 

Raymond V. Loftin, Jr. 

Houghton Brownlee 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore