Honorable J. L. Curlee, Secretary

State Board of Barber Examiners

_ Aust+in,

Texas OpinionNo. 

### O-6444 Re: Authority of Board of Barber Examiners to exempt a registeredbarber or registeredassistant barber from the payment of registration fees t prescribed In Sec. 20, Dear Sir: Art. 73&a, V.A.P.C.

We are in receipt of your letter of recent date requ@sting the opinion of this department on the above statedmatter. Your letter reads, in part, as follows: "Does the the authority or registered armed forces, fee." Board of Barber -aminers have

to exempt a registeredbarber assistantbarber, now in the from paying the registration

Sec. 20, Article 734a,V.A,P,C., provides: "That every registeredbarber and every reglstered assistantbarber, who continues in active practice or service, shall annually on or before the 1st day of November of eachyear renewhis certificateof registrationwhich shallbe issued by the Board of Barber Examiners,upon the payment of a renewal fee of Two Dollars and Fifty Cents ($2.50). Every certificateof registration which has not been renewedprior to that date shall expire on the 1st day of November of

, that year. A registeredbarber or a registered assistantbarber, whose certificateof registration may, within thirty (30)days thereafter,and not later, have his certificateof registration restored upon making a satisfactory BhOWing to the Board, supportedby his personal affidavit,which,Hon. J. L. Curlee,page 2 (O-6444)

. in the opinion of the Board, will excuse the applicant for having failed to renewhis certificate within the time requiredby this Act. Any registeredbarber who retires from the ractice of barbering for not more than five 

### (5'j years may renew his certificateof registration by making proper showing to the Board, supported by his personal affidavit, which In the opinion of the Board would justify the Board in issuing a certificateto such applicant as upon an original a plication upon payment of a fee of five dollars &minition." .OO when filing affidavit as fee for making

Sec. 1, Article 734a, V.A.P.C"?., provides: "That it shallbe unlawful for any person to engage in the practice or attempt to practicebarbering in the State of Texas without a certificate or registrationas a registered .barberissuedpursuant to the provisions of this Ac.5, by the Board of Barber Examinershereinafter created." Sec. 2, Article 734a,V.A.P.C. provides: "That It shallbe unlawful for any person to serve or attempt to serve as an assistantbarber under a registeredbarber witSin the State of Texas without a certificate of registrationas a registeredassistantbarber, issuedby the Board herein provided for." Article 1, Sec. 28, Constitut~lon of Texas proVideB:"No power of suspending laws in this State shallbe exercised exceptby the Legislature." The Legislaturehas undoubt'ed power to amend or change existing statutory law, including that which is contained in a code or revision, in order to meet changing conditions, An Act may be amended during the sessionat which it was,passed or at any subsequent session,by enactment specifically setting forth its changed terms, (39Tex. Jur", p0 125, and authorities cited therein)
In view of the foregoing, it is the opinion of this department that the State Board of Barber Examiners is yzithout

power to waive or suspend the requirementsof Sec. 20, Article 73&a, V.A.P.C.c Hon. J. L. Curlee,page 

### 3 (0-6444)

Whether such law should be amended or repealed is a matter to be determinedby the Legislature.

Trusting that the foregoing fully answers your inquiry, we remain Yours very truly, ATTORNEY GENERAL OF TEXAS

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