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: 

"The Board 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 license prior 

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as originally enacted by the 44th Legislature, 1935, R. 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 certificate of 

registrationand Zicense shall be valid 

until August 31, 1936. Thereafter no certificate or license shall be 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 license may 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 satisfactory proof of his OP 

@er qualifications to Peaume practice. *. :" 

The al& s&&on was amei&d by~the 

;;;oz;sion of.LeglslatuPe, 19?3i, to Pead, in 

48th,Regprrt, as 

"Section 18. The flpst CePtlfiorte 

of P&istPatlon a@ lic&~e shall be valid until August 31, 1936. Thepeaftep no 

certificste OP license shall be issued for 

a longer period than ape rear aad shall 

expire on the thirty-first day of August 

of the yeas for which they are ,issued unless renewed. p~loc td that date. 'fho hold9~ of an expired oortlficate OP lioease may 

have said certificate or license pestered 

vlthir one yea?? after the date of explrrWon, upen the payment of'the PequSrel PeeeUa1 fee &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 license may have same restored 

vlthln one year after the date of expiration upon the payment of the required reheval fee and satisfactory proof 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 

shall be 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, supported by his OF her 

per&tonal rffLdavit,strtlng the reaeon8, vhlch 

in the oplnlon of the porrd, vi11 excuse the 

applicaut for having failed to POXWV his OP 

her certificate within the tlre,requirod )y 
Mrs. Bess Blackvell, page 3 (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 effective date 

thereof, a valid certificate OP license 

from the State Board of Hairtiessezw and 

Cosmetologists shall be 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&” 

1 Emphasis added) 

Section 21, Subsection 2 provides that all 

sections and parts of the original Act of 1935 and all 

amendments thereto not amended by this Act we hereby repealed. 

In determining vhethep the provisions of a 

statute are mendatory OP directory we may look to previous statutes dealing with the ssme subject matter 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 OP certificate could be renewed within a year 

from the expipatlon date 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 elthep beauty culture school OF shopsb Further Section lb(a) of said Act 

does provide fop the Feneval of the expired license of 

an instructor, opepator OP manlcwlst within thirty days 

from the date of expiration and not later. Since the 

previous statutes provided that all expired licenses OP 

certificates could be renewed within a year from the 

date of expiration and the present statute provides 

that only those licenses of instpuotors, operators or 

manicurists may be renewed, it is believed that that 

portion of Article 734b, Section 14 (a), V, P. C. POlatlve to the renewal of licenses OP certificates is 

mandatory. 

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

Mrs. Bess Blackwell, 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 

makes his ~1 

mce there0 RF 

ts dependent on propb~ perfopuhless the failure te pba+em 

ii3 tir6 Uy 1ijUrS thb ~UbilO 0~ iZId.iVidWIxL?, 

t&s strtate 19 IPaAdatimy. albre UI todivlI&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~ beauty sak~01 lLsense 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&mre 8 beauty shop or.beauty rohook 

&iCbASO d iPO8 OA hU@i#lt 3lllet by CO-ha 

bf the SsL'ure T af the lioeasee te camw 

xtx 

MP to such d&e, it Will $0 A+OOSor tarid lloeasee to make applioatlen 

md meet all ~oquirbab~ 8 es UJ. ori In11 

8Q~liCWkt e Artiole 734 Sea. 14 f a), 

v. r, c. 

Year8 very truly, 

ATToR00Y QBHW'UL OF TEXAS