Honorable J. L. Curlee, Secretary 

State Board of Barber Examiners 

_ Aust+in, Texas 

Opinion No. O-6444 

Re: Authority of Board of 

Barber Examiners to exempt a registered barber 

or registered assistant 

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 

stated matter. 

Your letter reads, in part, as follows: 

"Does the 

the authority 

or registered 

armed forces, 

fee." 

Board of Barber -aminers have 

to exempt a registered barber 

assistant barber, now in the 

from paying the registration 

Sec. 20, Article 734a, V.A,P,C., provides: 

"That every registered barber and every reglstered assistant barber, who continues in active 

practice or service, shall annually on or before 

the 1st day of November of each year renew his 

certificate of registration which shall be issued 

by the Board of Barber Examiners, upon the payment of a renewal fee of Two Dollars and Fifty 

Cents ($2.50). Every certificate of registration which has not been renewed prior to that 

date shall expire on the 1st day of November of 

, that year. A registered barber or a registered 

assistant barber, whose certificate of registration may, within thirty (30) days thereafter, and 

not later, have his certificate of registration 

restored upon making a satisfactory BhOWing to the 

Board, supported by 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 renew his certificate within the time required by this Act. 

Any registered barber who retires from the ractice of barbering for not more than five (5 'j 

years may renew his certificate of 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 certificate to 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 shall be unlawful for any person to 

engage in the practice or attempt to practice barbering in the State of Texas without a certificate 

or registration as a registered .barber issued pursuant to the provisions of this Ac.5, by the Board 

of Barber Examiners hereinafter created." 

Sec. 2, Article 734a, V.A.P.C. provides: 

"That It shall be unlawful for any person to 

serve or attempt to serve as an assistant barber 

under a registered barber witSin the State of 

Texas without a certificate of registration as a 

registered assistant barber, issued by the Board 

herein provided for." 

Article 1, Sec. 28, Constitut~lon of Texas proVideB: 

"No power of suspending laws in this State 

shall be exercised except by the Legislature." 

The Legislature has 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 session at 

which it was,passed or at any subsequent session, by enactment specifically setting forth its changed terms, 

(39 Tex. 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 requirements of 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 determined by the Legislature. 

Trusting that the foregoing fully answers your inquiry, we remain 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

JAE:ddt