### EATTORNEY 

### GENERAL
TEXAS

PRICE DANIEL ATTORNEY

GENERAL October 

### 30, 1948

Mrs. Bess Blackwell Executive Secretary Board of Hairdressers & Cosmetologists Austin, Texas Opinion Ro, 

### V-708
Re: The authority of the State Board of Rair- &-es.sers

and Cosmetologists to renev licenses upon applloatlon after the expiration date without meeting the requirements which apply to new applicants,
Dear Mrs. Blackwell:

Reference is made to youp pacent request vhich A. reads, In part, as follows:

"TheBoard would like to know if a shop OP school license which expired on August 3lst due to the fact that the licensee failed to send in said licenseprior to that date can be renewed by this department, or will it be necessary for said licensee to apply and meet all Pequipements of a new shop or school, as the case Fay be, before the license can be Issued. The pertinent portion of Apt. 734b, V, P. C., as originally enacted by the 44th Legislature, 1935,R. S.,, is as follows:
"Sec. 

### 18, The first certificateof registrationand Zicense shallbe valid until August 

### 31, 1936. Thereafterno certificate or license shallbe issued for a longer period than one (1) gear end shall expire on the 3lst day of August, of the yeap for which they ape issued unless Feneued prior to that date. The holder of an expiped certificate or licensemay have said certificate OP license restored within one (1) year after the date of explra-

### HI-B. Besti Blackwell;page 2 (V-708)

.

tion, upon the payment of the poquiped POneval fee aud satisfactoryproof of 

### his OP 

### @er qualifications to Peaumepractice.*.:" The al& s&&on was amei&d by~the ;;;oz;sion of.LeglslatuPe,19?3i,to Pead, in 

### 48th,Regprrt, as


### "Section18. The flpst CePtlfiorte 

### of P&istPatlon a@ lic&~e shallbe validuntilAugust31, 1936. Thepeaftepno certificsteOP 

### licenseshallbe issuedfor a longerperiod than 

### aperearaad shall expire on the 

### thirty-first day 

### ofAugust of theyeas forwhichtheyare ,issuedunlessrenewed.p~loc td that date. 'fho

### hold9~ 

### of an **expired** 

### oortlficate OP 

### lioeasemay have saidcertificateor licensepestered vlthir one yea??after the date of explrrWon, upen the payment of'the PequSrel Pe

### eeUa1fee &nd satis,factoPy proof of his OP 

### her qualifications te resum~,pr~otlce; e .*
It 

### will **be** noted that the oPiglna1 Act as 

### veil as the above quoted amendment provided that the holder~of an expired certificate or licensemay have same restored -. vlthln one year after the date of expirationupon the payment of the required reheval fee and satisfactoryproof of his OF her qualifications to Pesume practice,

HoweveP, the 50th Legislature,R. S. 1947, uended APticls 

### 734(b)V. P. C, 

### and Section l&(a) reads as fol1evs:
"Sea. 14 (a) go certlfloate 0P license shallbe issued for a longer period thau (1)yeaP, and shall expire on the thirtyone first (ret) day of August of the ysa~ SOP
. which it Is issued unless renewed p19.o~ to that date. A licensed InstruotoP, ousrrtor

OT license restored by making proper application to,the Borrd, supportedby his OF 

### her per&tonal

rffLdavit,strtlngthe reaeon8, vhlch in the oplnlon of the porrd, vi11 excuse the applicaut for having failed to POXWV 

### his OP 

### her certificate

within thetlre,requirod 

### )yMrs. Bess Blackvell, 

### page3 (V-708)

this Act, a reinstatement fee of Five ($5,80) Dollars being required theraaftw,’ (Rnphasls added) Section 9, Subset.(e)provides as follows: “(e) Any person within the ppovislons of this Act having, at the effectivedate thereof, a valid certificateOP license from the State Board of Hairtiessezw and Cosmetologists shallbe exempt from the examinations required by this Section of this Act, but such oerson shall be reauired to pay-all the fees and have such c&tlflcate or license Peneved. as provided in this Act&” 1Emphasis added) Section 21, Subsection 2 provides that all sections and parts of the original Act of 1935 and all amendments theretonot amended by this Act we hereby repealed.

In determiningvhethep the provisions of a statute are mendatory OP directorywe may look to previous statutes dealingwith the ssme subjectmatter in order to ascertain the legislative Intent. In this connection it will be noted that the original Act as well as the 1943 amendment thereto provided that an expired licease OPcertificate couldbe renewed within a year from the expipatlondate without the licensee taking an examination, upon payment of the Pequired fee, However, when the 50th Legislature amended the Act in question, no such provision is made in pegapd to elthepbeauty culture school OFshopsb Further Section lb(a) of said Act does provide fop the Feneval of the expired license of an instructor, opepator OPmanlcwlst within thirty days from the date of expiration and not later. Since the previous statutesprovided that all expired licenses **OP** certificates could be renewed within 

### a year from the date of expiration and the present statuteprovides that only those licenses of instpuotors,operators or manicuristsmay be renewed, it is believed that that portion of Article 734b, Section 14 (a),V, P. C. 

### POlatlve to the renewal of licenses OPcertificatesis mandatory.

In Vol, 3, page 107, Sutherland Statutory Construction,we find8“.

Mrs. 

### BessBlackwell,page 4 (V-708)

"Aa a gempal r aposition, the rule with rbspeot to ste utory direotlona to i8- dividuals is the opposite of thrt which 

### obt&ins with respect tb public bfflcero. &en 8 statute directs things to be done by 8 pivete perron within a specified time, and 

### makeshis ~1 mce there0

RFts dependent on propb~ perfopuhless the failure te pba+em ii3tir6 Uy 1ijUrS thb **~UbilO** 0~ iZId.iVidWIxL?, t&s strtate 19 IPaAdatimy. albre UI todivl**I&l41 iS**  **tbr Q8MQll**  **XN3t 8trlCt;t**  **COPpl~i~, h6**  has no g2Wmbs fop compl,aint. Therefore,~

in view of the foregoing, It I.8'mar ap%nion that, si~~ce a beauty 

### shep 0~ 

### beautysak~01lLsense e~plres OR August 3lst by Fe&son of the failure of the Licensee to renew same p~lor to such d&to, it will 

### be nbcessary for said llcenase'to make applloatlon and meet 811 the rbquireaents bb an orIgina ampllcant.

lf&mre8 beauty shop or.beauty rohook &iCbASO **d** iPO8 **OA hU@i#lt**  **3lllet by**  **CO-ha** 

### bf the 

### SsL'ureaf the 

### lioeaseete camw

T xtx MP **to** such d&e, it Will $0 **A+OOS** or tarid lloeasee to makeapplioatlen md meet all ~oquirbab~ 8 es UJ.ori In11

Artiole 

### 734 14 a), 

### f **8Q~liCWkt e**  

### Sea. v. r, c. Year8 

### verytruly, ATToR00YQBHW'ULOF TEXAS