E %-EXBlR!N.ETt GENE-I. OF TEXAS Aus~liu=z.TExas

September 8, 1961

Mr.V. D. Hsusworth OpinionNo. ~~-1.138 Executive Secretary State Board of Barber Re: Whether barber schools, Examiners which were in operaticrl Austin, Texas upon the effectivedate of the amendmentby the 57th Legislatureof Section 9 of the Texas Barber Law, are required to pay the $200.00 application fee for a license Dear Mr. Housworth: to operate such school.

Y.ou have requested ar:opinion fr~tri ,t;hi,s c.Ft'ice

on the question of:

"In the light of amendmentsmade to Section 9 of the Texas Barber Law by the 5'7th Legislature, would barber schools in operatio,rl at the time the amendmentsbeeams effective,be required to pay the $203.00 application fee for a license ,to operate their schools?" Prior to the amendment of Section 9 of Article 734a,Vernon's Penal Code, by virtue of House Bi1,l829, Acts of the 57th Legislature,Regular Session, 1961, Chap,ter267, page 6~1, such Section read in part Eisfollows:

"Any f~irm,

corporationor person desiring to conduct or operate a barber school or college in this stake shall first obtain from the Board of Barber Examiners a permit to do so, and shall keep the same prominentlydisplayed.

. . .' While theprovisions of Section $4of Articie 734a, prior to the amendmen~ts made by House Bill 829, further provided for the ne'cessary number of hours of instructionas a pre-requisite for graduation from a barber school or college, and in addition set forth certain subjectswhich must be included in the instruction of students, therewas a complete lack of any provisrons authorizing the Eioardof Barber Examiners to charge a fee in connectionwith the issuar.ce of permits tobarber schooi~s or colleges or provisions concerning the renewal of permitswhich had been issued to barber colleges or schools.Mr.V. D. Housworth,page 2 (WW-1138)

House Bill 829 amends Section 9 of Article 73&a, and provides in Subsection (a) thereof that:

"& firm, corporation,partnership or person desiring 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 first met the requirements of this section.

. . .ll (Emphasisadded) The amendmentmade to Section 9 of Article 734a specifies that "any firm, corporation,partnership or person desiring to conduct or operate a barber school or college,"and thiswould seem to clearly Include existingbarber schools and colleges,and theymust obtain a permit from the Board of Barber Examiners and to obtain suchpermit the requirements of Section 9 of Article 73&a, as amendedby Houee Bill 829, must be met.

Section 9 of Article 734a, as amendedby House Bill 829, specifies the requirementswhich must be met by barber schoolsor collegesprior to their obtaininga permit from the Board of Barber Examiners. In addition to such requirements as the necessary number of hours of instructionas a pre-requisite for graduation from a barber school or collegeand certain subjectswhich mustbe included in the instructionof students, as were provided for in Section 9 of Article 73&a prior to the amendmentsby House Bill 829, the amendments to Section 9 of Article 734aby House Bill 829 set forth additional requirements which must now be met prior to the issuance of a permit by the Board of Barber Examiners to a barber school or college.

One of such additional requirements is found in Subsection (h) of Section 9 of Article 73&a, as amendedby House Bill 829 which provides that:

"(h)No barber school or college shallbe issued a permit to operate under the provisions of this Section until it has first furnished the following evidence to the Board: 11

. . .

“(7 1An application fee of Two Hundred Dollars ($200.00

. "No such school or college shallbe operated and no students shallbe solicitedor enrolledby it until the Board shall determine that the school has been set up and established in accordanceMr. V. D. Housworth,page 3 (W-1138)

with this Sectfonand the proposal submittedto the Board and approved by ft prior to the issuance of a permft. Any such school or collegemust obtain renewal of its certificateby September 1st each year by the payment of an annual renewal fee of One Hundred Dollars ($lOO.OO)." Since the provisions of Sectiong(a) of Article 73&a, as amended by House Bill 829, specifythat the requirements of Section 9 of Article 73&a, as amended by House Bill 829, must be met by "any firm, corporation,partnership or person desiring to conduct or operate a barber school or college in this state, and since theprovisions of Section j(h) of Article 73&a, as amended by House Bill 829, specifythat no permit shallbe issueduntil an application fee of Two Hundred Dollars ($200.00) is submittedto the Board of Barber Examiners,we are of the opinion that after the effective date of House Bill 829 all barber colleges or schoolsdesiring to operate in the State of Texas must obtain a permit from the Board of Earber Examiners and as one of thepre-requisites thereto must submit the application fee of Two Hundred Dollars ($200.00)provided for in Sectiong(h) of Article 73&a. Thereafter, suchpermits may be renewed annually by thepayment of the One Hundred Dollar ($100.00)renewal fee set forth in Sectiong(h) of Article 73&a.

While Section 4 of House Bill 829 provides that:
"Personsto whom certificatesof registration have been issued or who had made application for regfstration and paid the fee therefor berore the effective date of this Act shallnot be required to pay any additional amount for the curren~tregistrationperiod on account of the increase in fees made by this Act.",

we are of the opfnion that suchprovision does not bear upon the questionat hand since the "certiffcatesof registratfon" referred to in Section 4 of House Bill 829 pertain to those certificatesor licenses issued to barberspursuant to Section 7 and Section 8 of Article 73&a.

SUMMARY

Barber schools or colleges in operation on the effective date of House Bill 829 are required-

Mr.V. D. Housworth,page 4 (WW-1138)

to pay the Two Hundred Dollar $200.00)application fee requiredby Section 9 h) of Article 73&a, I Vernon's Penal Code,to operate such school or college.
Yours very truly,
WILL WILSON Attorney General of Texas

Pat Bailey Assistant PB:dhs

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joe A. Osborn William E. Allen SamWilson Robert T. Lewis
REVIEWED FOR THE ATTORNEY GENERAL BY: HowardW. Mays