EY GENEOFTEXAS 

WILL WILSON 

AlTORNEYGENERaL 

September 27, 1961 

Honorable V. D. Housworth 

Executive Secretary 

State Board of Barber Examiners 

Austin, Texas Opinion No. WW-1154 

Re: Whether Class "B" 

barbering can be taught 

Dear Mr. Housworth: in a Beauty School. 

You have requested an opinion from this office 

on the following question: 

"In compliance with the amendments 

to Section #g of the Texas Barber 

Law by the 57th Legislature, can 

Class "B" barbering be taught in 

a Beauty School?" 

Section g(a) of Article 734a, Vernon's Penal 

Code, as amended by House Bill 829, Acts of the 57th 

Legislature, Regular Session, 1961, Chapter 287, page 

601 provides that: 

'Any 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 re'quirements of this Section. Said 

permit shall be prominently displayed 

at all times at such school or college. 

No such school or college shall be 

approved unless such school or college 

requires as a prerequisite to graduation a course of instruction of not less 

than twelve hundred (1200) hours, to be 

completed within a period of not less 

than seven (7), months for a 'Class A' 

certificate and not less than one 

thousand (1,000) hours, to be completed 

within a period of not less than 'six 

(6) mfnths for a 'Class B' certificate; 

. . . 
._-. . 

Honorable V. D. Housworth, page 2 (WW-1154) 

Section g(b) of Article 734a, as amended by 

House Bill 829, provides that: 

I, 

. . . However, if said school does not 

care to teach persons who apply for 

'Class A' but only 'Class B' certiciGates, shaving need not be taught. 

Section 4 of Article 734a sets forth the 

two classifications of registered barber OP registered 

assistant barber certificates--namely, "Class A" and 

"Class B". "Class A" certificates entitle the holder 

thereof to engage in the practice of barbering in its 

fullest scope, whereas the holder of a "Class B" 

certificate must restrict his activities to the bobbing 

or cutting of the hair. The principal difference 

between the two classifications of certificates, both 

as to educational requirements and scope of authority 

to practice, deals with the shaving or trimming of the 

'beard. The holder of a "Class B" certificate is not 

entitled to shave or trim the beard, and in turn 

barber colleges or schools, whose students seek only 

a "Class B" certificate, need not teach shaving as a 

part of the student's educational requirements. 

Section 9 of Article 734a, as amended by 

House Bill 829, sets forth the statutory requirements 

for barber schools or colleges, and with the exception 

of Section g(c), which deals with the physical facilities 

of barber schools or colleges issuing 'Class A" certificates; Section g(f), which deals with instructors in 

barber schools or colleges issuing 'Class A" certificates; and Section g(g), which deals with the ratio of 

instructors to students in barber schools or colleges 

issuing "Class A" certificates, all of such requirements are applioable to all barber schools or colleges 

regardless of whether their students will be applicants 

for 'Class A" or "Class B" certificates from the State 

Board of Barber Examiners. 

We are of the opinion that there would be 

no statutory prohibition against a beauty school 

obtaining from the State Board of Barber Examiners a 

permit to operate OP conduct a barber school or 

college whose graduates would be eligible for a 

"Class B" barber certificate. However, prior to the 

issuance of such permit by the State Board of Barber 

Examiners to such school or college, the requirements 

of Section g(h) of Article 734a, as amended by House 

Bill 829, must first be me t by the school or college 

furnishing to the State Board of Barber Examiners: 
Honorable V. D. Housworth, page 3 (W-1154) 

"(1) A detailed drawing and 

chart of the proposed physical layout 

of such school, showing the departments, floor space, equipment, lights 

and outlets. 

"(2) Photographs of the proposed 

site for such school including the 

interior and exterior of the building, 

rooms and departments. 

"(3) A detailed copy of the 

training program. 

“(4) A copy of the school catalog 

and promotional literature. 

"(5) A copy of the building 

lease or proposed building lease where 

the building is not owned by the 

school or college. 

"(6) A sworn statement showing 

the true ownership of the school or 

college. 

In addition, such barber school or college must, by 

virtue of Section g(a) of Article '@a, as amended by 

House Bill 829, require as a prerequisite to graduation 

a course of instruction of not less than one thousand 

(1,000) hours, to be completed within a period of not 

less than six (6) months, for a "Class B certificate; 

and must also include in the school's curriculum those 

subjects set forth in Section 9(b) of Article 734a, as 

amended by House Bill 829. 

SUMMARY 

There is no statutory prohibition 

against a beauty school being issued 

a permit to conduct a barber school 

or college provided that the provisions 

of Section 9 of Article 734a, as 

amended by House Bill 829, are met and 

complied with. 
Honorable V. D. Housworth, page 4 (WW-1154) 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

PB:lgh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Richard A. Wells 

Fred D. Ward 

Virgil R. Pulliam 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.