November 28, 1961 

Honorable V. D. Housworth 

Executive Director 

State Board of Barber Examiners 

State Office Building 

Austin, Texas Opinion No. WW-1202 

Re: Construction of Section 

9 (f) of the Texas 

Barber Law regarding 

the "five years experience" provision. 

Dear Mr. Housworth: 

Your recent opinion request propounds the 

following questions: 

"We would like clarification on whether 

of not the five years experience must be had 

under a Registered Class "A" license, or If 

it could be a combination of practice as an 

Assistant barber license, and a Registered 

Class "A" license. 

"Would the five years experience as a 

practicing barber have to be had in Texas, 

or could experience as a licensed practicing 

barber in another state be accepted?" 

Section 9 (f) of Article 73&a Vernon's Penal 

Code added to House Bill No. 829, 57th Legislature, Regular 

Session, Chapter 287 page 602 reads in part as follows: 

"No barber school or college which issues 

tClass Al certificates shall be approved by the 

Board unless it is under the direct supervision 

and control of a barber who holds a current 

registered 'Class At certificate to practice 

barbering under the Texas Barber Law, and who 

can show evidence of at least five (5) xears 

experience as a practicing barber . . . 
Honorable V. D. Housworth, page 2 (WW-1202) 

We believe that the answer to your first question 

is found in Section 4 of Article 734a, Vernon's Penal 

Code, which reads in part as follows: 

" 

. . .the practice of barbering Is hereby 

defined to be the following practices for hire 

or reward . . ." 

(a) Shaving or trimming the beard or 

cutting the hair. 

(b) By giving any of the following 

treatments by any person engaged in shaving 

or trimming the beard and/or cutting the 

hair; 

"(1) Giving facial and scalp massages, 

or applications or oils, creams, lotions, or 

other nreparatlons, either by hand or electrical 

appliances; 

" (2) Singeing, shampooing, or dyeing the 

hair or applying hair tonics; 

“(3) Applying cosmetic preparations, 

antiseptics, powders, oils, clays, or lotions 

to the scalp, face, neck, or that part of the 

body above the shoulders." 

It Is apparent that one with an assistant barber 

license may perform the acts enumerated in Section 4. 

Section 5 of Article 734, Vernon's Penal Code specifically 

authorizes assistant barbers to do the acts constituting 

the practice of barbering under the Immediate supervision 

of a registered barber. The fact that an assistant barber 

must practice under the immediate supervision of a registered barber does not, in our view, prevent such experience 

from satisfying the five (5) year experience requirement 

of Section 9 (f). 

In connection with your second question, it is 

our opinion that our-of-state barbering experience, as 

defined by Section 4 of the Texas Barber Law, may be applied 

to satisfy the five (5) year barber experience requirement 

in question. Our reason for this view is simply that there 

is no indication in Section 9 (f) that the Texas Legislature 

intended to require that the experience requirement in 
Honorable V. D. Housworth, page 3 (WW-1202) 

question be satisfied only by experience acquired in Texas. 

SUMMARY 

Barber experience had under an assistant 

barber license may be applied to satisfy the 

five (5) year experience requirement in question. 

Out-of-state experience as a practicing barber 

may be applied to the satisfaction of said 

requirements. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

By Joe B. McMaster 

Assistant 

JBMcM:kh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Gordon Cass 

Jack Pr'ce 

Norman Suarez 

Riley Eugene Fletcher 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee