E %-EXBlR!N.ETt GENE-I. 

OF TEXAS 

Aus~liu =z.TExas 

September 8, 1961 

Mr. V. D. Hsusworth Opinion No. ~~-1.138 

Executive Secretary 

State Board of Barber Re: Whether barber schools, 

Examiners which were in operaticrl 

Austin, Texas upon the effective date 

of the amendment by the 

57th Legislature of 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 amendments made to Section 

9 of the Texas Barber Law by the 5'7th Legislature, 

would barber schools in operatio,rl at the time the 

amendments beeams 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,l 829, Acts 

of the 57th Legislature, Regular Session, 1961, Chap,ter 267, 

page 6~1, such Section read in part Eis follows: 

"Any f~irm, corporation or 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 prominently displayed. . . .' 

While the provisions of Section $4 of Articie 734a, 

prior to the amendmen~ts made by House Bill 829, further provided for the ne'cessary number of hours of instruction as a 

pre-requisite for graduation from a barber school or college, 

and in addition set forth certain subjects which must be included in the instruction of students, there was a complete 

lack of any provisrons authorizing the Eioard of Barber Examiners to charge a fee in connection with the issuar.ce of 

permits to barber schooi~s or colleges or provisions concerning the renewal of permits which 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 college has first 

met the requirements of this section. . . .ll 

(Emphasis added) 

The amendment made 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 

this would seem to clearly Include existing barber schools 

and colleges, and they must obtain a permit from the Board of 

Barber Examiners and to obtain such permit the requirements 

of Section 9 of Article 73&a, as amended by Houee Bill 829, 

must be met. 

Section 9 of Article 734a, as amended by House Bill 

829, specifies the requirements which must be met by barber 

schools or colleges prior to their obtaining a permit from the 

Board of Barber Examiners. In addition to such requirements 

as the necessary number of hours of instruction as a pre-requisite for graduation from a barber school or college and certain 

subjects which must be included in the instruction of students, 

as were provided for in Section 9 of Article 73&a prior to the 

amendments by House Bill 829, the amendments to Section 9 of 

Article 734a by 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 amended by House 

Bill 829 which provides that: 

"(h) No barber school or college shall be 

issued a permit to operate under the provisions 

of this Section until it has first furnished the 

following evidence to the Board: 

11 . . . 

“(7 

1 

An application fee of Two Hundred Dollars 

($200.00 . 

"No such school or college shall be operated 

and no students shall be solicited or enrolled by 

it until the Board shall determine that the school 

has been set up and established in accordance 
Mr. V. D. Housworth, page 3 (W-1138) 

with this Sectfon and the proposal submitted to 

the Board and approved by ft prior to the issuance 

of a permft. Any such school or college must obtain renewal of its certificate by September 1st 

each year by the payment of an annual renewal fee 

of One Hundred Dollars ($lOO.OO)." 

Since the provisions of Section g(a) of Article 73&a, 

as amended by House Bill 829, specify that 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 the provisions of Section j(h) of Article 73&a, as 

amended by House Bill 829, specify that no permit shall be issued until an application fee of Two Hundred Dollars ($200.00) 

is submitted to the Board of Barber Examiners, we are of the 

opinion that after the effective date of House Bill 829 all 

barber colleges or schools desiring to operate in the State of 

Texas must obtain a permit from the Board of Earber Examiners 

and as one of the pre-requisites thereto must submit the application fee of Two Hundred Dollars ($200.00) provided for 

in Section g(h) of Article 73&a. Thereafter, such permits 

may be renewed annually by the payment of the One Hundred 

Dollar ($100.00) renewal fee set forth in Section g(h) of 

Article 73&a. 

While Section 4 of House Bill 829 provides that: 

"Persons to whom certificates of registration 

have been issued or who had made application for 

regfstration and paid the fee therefor berore the 

effective date of this Act shall not be required 

to pay any additional amount for the curren~t registration period on account of the increase in 

fees made by this Act.", 

we are of the opfnion that such provision does not bear upon 

the question at hand since the "certiffcates of registratfon" 

referred to in Section 4 of House Bill 829 pertain to those 

certificates or licenses issued to barbers pursuant 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 required by Section 9 I h) of Article 73&a, 

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 

Sam Wilson 

Robert T. Lewis 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Howard W. Mays