### EY GENEOFTEXAS

WILL WILSON AlTORNEYGENERaL September 27, 1961

HonorableV. 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 compliancewith 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 

### 601provides 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 collegehas first met the re'quirements

of this Section. Said permit shallbe prominentlydisplayed at all times at such school or college. No such school or college shallbe approvedunless such school or college requires as a prerequisite to graduation a course of instruction of not less than twelvehundred (1200)hours, to be completed within a period of not less than seven 

### (7),months for a 'ClassA' 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 'ClassB' certificate;

. . .._-. .

HonorableV. D. Housworth,page 2 (WW-1154)

Section g(b) of Article 734a, as amended by House Bill 829, provides that:

I,

. . .However, if said schooldoes not care to teach persons who apply for 'ClassA' but only 'ClassB' certiciGates, shavingneed not be taught. Section 4 of Article 734a sets forth the two classificationsof registeredbarber OP registered assistantbarber certificates--namely, "ClassA" and "ClassB". "ClassA" certificates entitle the holder thereof to engage in the practice of barbering in its fullest scope, whereas the holder of a "ClassB" certificatemust restricthis activities to the bobbing or cutting of the hair. The principal difference between the two classificationsof certificates,both as to educational requirementsand scope of authority to practice, deals with the shaving or trimming of the 'beard. The holder of a "ClassB" certificate is not entitled to shave or trim the beard, and in turn barber colleges or schools,whose students seek only a "ClassB" certificate,need not teach shaving as a part of the student's educationalrequirements.

Section 9 of Article 734a, as amended by House Bill 829, sets forth the statutoryrequirements 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 'ClassA" certificates; Section g(f), which deals with instructors in barber schools or colleges issuing 'ClassA" certificates; and Section g(g), which deals with the ratio of instructors to students in barber schools or colleges issuing "ClassA" certificates,all of such requirements are applioable to all barber schools or colleges regardless of whether their studentswill be applicants for 'ClassA" or "ClassB" certificates from the State Board of Barber Examiners.

We are of the opinion that there wouldbe no statutoryprohibition against a beauty school obtaining from the State Board of Barber Examiners a permit to operate OP conduct a barber school or college whose graduateswould be eligible for a "ClassB" barber certificate. However,prior to the issuance of suchpermit 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 firstbe met by the school or college furnishing to the State Board of Barber Examiners:HonorableV. 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, suchbarber 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 completedwithin a period of not less than six 

### (6)months, for a "ClassB certificate; and must also include in the school's curriculum those subjects set forth in Section 9(b) of Article

### 734a, as amendedby House Bill 

### 829.

SUMMARY There is no statutoryprohibition against 

### a beauty schoolbeing issued a permit to conduct 

### a barber school or collegeprovided that the provisions of Section 9 of Article 734a, as amended by House Bill 

### 829, are met and complied with.HonorableV. 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 ATTORNEYGENERAL BY: Houghton Brownlee, Jr.