. . 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,

iWeare in-receipt of your letter requesting an opinion from this office. In your letter you stated as follows: "Section 

### 13of the Texas Barber Law

provides that a barber from another state must showthat he has worked as a licensed barber in another state for twoyears lmmediately prior to makingapplication 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. "Wehave always Interpreted this part of the law to meanthat an out-of-state applicant whofails the two examinations mustwork In another state for twoyears before hewould be ellgiblle to take another etiminatlon In Texas. This is the part of the Lawwewant the opinion to cover." Section 

### 13,Article 734a, Vernon's Penal Code, reads in part as folloWa: '~:.'

"Anyperson whois at least sixteen and one-half years of age, andwhocan furnish evidence of good moral characterMr. V. D. Housworth, Page 2 

### (WW-858)

and temperate habits, andwhohas a diploma showing graduation from a seven-grade grammarschool, or Its equivalent as determined by an examination conducted by the Board, and either ‘~

“(b) Whocan prove by personal affidavit that he has practiced as a barber in another State for at least two years Immediately prior to maklnnanollcatlon in this State. andwho possesse‘;; the qualifications required by this Act, shall, upon payment of the required fee, be issued a permit to practice as ajourneyman 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 ajourneyman 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. TheLegislature 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, whomeet 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 andto the point In providing that a person whoseeks to obtaln a Texas License to practice barberlng in this State by qualifying under this Section of the Act andwhotwice falls his examination, can no longer practice barberlng In Texas, at least until he requalifies.

Subsection (b) of Seatlon 

### 13provides that to qualify as ajourneyman, such pereon must have “for at least two years Immediately prior to making application In thle State” practiced as a barber. His failing twoexamlnatione disquallfles him from obtaining a license, andhe must cease to practice barbering in this State under this Section. Hecannot Immediately reapply under this Section for he cannot meet the qualifications of said Section which provide that he must have practiced for twoyears in another State.,Mr. V. D. Housworth, Page 

### 3 (WW-858)

It Is our opinion that such a person mayqualify himself In order to take another examination by at least two methods. Thefirst Is to meet those qualifications as provided In Section 

### 7 of the Act which are the general qualifications that applicants mustgenerally meet to obtain a license. The second methodwould be to withdraw from the state and requalify as a "journeyman" under Section 

### 13of this Act. SUMMARY

Aperson whoseeks to comeunder 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, mustwithdraw from the state and practice for twoyears moreoutside of Texas to requal.lfy for examination.

LFP:mm APPROVED OPINIONCOMMITTEE W.V. Geppert, Chairman Iola B. Wilcox W. 0. Shultz RaymondV. Loftin, Jr. Houghton Brownlee REVIEWED

FORTHEATTORNEY

GENERAL BY: Leonard Passmore