r-. 

December 5, 1988 

Ms. Jo King McCrorey : 

Executive Director 

State Board of Barber Examiners 

1300 E. Anderson Lane 

Building C, Suite 275 

Austin, Texas 78752 

Dear Ms. McCrorey: 

Opinion No. JR-990 

Re: Whether a cosmetologist 

is authorized to trim beards 

and mustaches (RQ-1525) 

You ask whether a cosmetologist has authority to trim 

beards and mustaches. An examination of the recent history 

of the statutes governing barbers and cosmetologists helps 

to put your question in context. 

In 1972 a federal district court issued a judgment 

holding unconstitutional parts of the Texas barber and 

cosmetology statutes. At the time of that court case the 

act governing barbers provided: 

The practice of barbering is hereby 

defined to be the following practices when 

not done in the practice of medicine, 

surgery, osteopathy, or necessary treatments 

of healing the body by one authorized by law 

to do so; and when not done by a relative who 

cuts only the hair of those in his or her 

immediate family; and when done on living 

male versons. 

(A) Shavina or trimmina the beard. 

(1) Cutting the hair: 

(2) Stvlina or wrocessina the hair of 

pales onlv. 

(B) ~By giving any of the following 

treatments by any person engaged in shaving 

or trimming the beard and/or cutting the 

hair. 

p. 5061 
Ms. Jo King McCrorey - Page 2 (JM-990) 

(1) Giving facial and scalp massages, or 

applications of oils, creams, lotions, or 

other preparations, either by hand or 

electrical appliances; 

(2) Singeing, shampooing, or dyeing the 

hair or applying hair tonics: 

(3) APPlYing cosmetic preparations, 

antiseptics, powders, oils, clays, or lotions 

to the scalp, face, neck or that part of the 

body above the shoulders. 

Provided, however. that nothina contained 

in this Act shall be construed to include 

those wersons lawfully enaaaed in beautv 

culture. hairdressina or cosmetoloov as 

provided bv law, when so enaaaed in aivinq 

treatments or awwlications to female wersons 

onlv. but such wersons shall not be w ermitted 

to sh ave. trim the beard. stvle. wrocess, 

color or cut the hair of male wersons excewt 

in accordance with the wrovisions and 

reouirements of this Act relatina to 

barberinq. (Emphasis added.) 

Acts 1971, 62d beg., ch. 1036, § 51, at 3402. The statutory 

provisions governing cosmetologists contained the 

definition of "cosmetology18: 

following 

\Cosmetoloov means the beautifvinq 

treatment~of a female's hair or skin, or 

nails of a male or female and includes the 

followins wractices: 

(A) arranging, dressing, curling, waving, 

cleansing, singeing, bleaching, tinting, 

coloring, cutting, trimming, shaping, or 

straightening the hair by any method or 

means ; 

(B) massaging, cleansing, beautifying, or 

stimulating the scalp, face, neck, arms, 

bust, or upper portion of the body by the use 

of a cosmetic preparation, antiseptic, tonic, 

lotion, or cream; 

(C) removing superfluous hair from the 

body by use of depilatories or tweezers; 

p. 5062 
Ms. Jo King McCrorey - Page 3 (JM-990) 

(D) manicuring; and 

(E) servicing a wig or artificial 

hairpiece . . . . (Emphasis added.) 

Id. 5 1, at 3389. The federal district court held 

unconstitutional those provisions of the barbering and 

cosmetology statutes that allowed licensees to perform 

certain.orocedures on members of one sex only. Bolton v. 

Texas Bd: of Barber Examiners, 350 F.Supp. 494 (N.D. ,Tex.), 

aff'd, 409 U.S. 807 (1972). 

A 1972 opinion of this office addressed a number of 

questions about the proper interpretation of the barbering 

and cosmetology statutes in light of Bolton. Attorney 

General Opinion M-1270 (1972). In regard to the permissible 

practices for barbers and cosmetologists, the opinion 

stated: 

The provisions of the Barber Law and the 

Cosmetology Act defining the respective 

practices of each with regard to the treatment of hair are virtually synonymous in 

meaning: and, the holder of a license under 

either statute may cut, style, process, 

shampoo, color, singe and perform those 

services necessary to groom the hair of 

either sex. Likewise, facial and scalp 

massages and the applying of creams, lotions, 

tonics, antiseptics, etc. to the scalp, face, 

neck and shoulders are permitted under either 

law. However, only a licensed barber may 

perform the services of shavina and trimminq 

the beard; and, only a cosmetologist may 

remove suwerfluous hair bv the use of 

depilatories or tweezers, or massage the arms 

and busts. (Emphasis added.) 

In other words, the opinion clarified that barbers and 

cosmetologists could perform those procedures for which they 

had specific authority, regardless of the sex of the 

recipient of the services. Because cosmetologists had no 

authority to shave and trim beards before Bolton, Bolton did 

nothing to change the authority of cosmetologists in regard 

to shaving and trimming beards. 

If the legislature considered Attorney General Opinion 

M-1270 to be incorrect or to reach an undesirable result, it 

could have changed that result when it revised the statutes 

p. 5063 
MS. Jo King McCrorey - Page 4 (JM-990) 

governing cosmetologists and barbers in 1975.1 Acts 1975, 

64th Leg., ch. 691, at 2132 (barber statute now codified as 

article 8407a, V.T.C.S.: cosmetology statute now codified as 

article 8451a, V.T.C.S.). It did not do so. The revised 

barbering statute states that "barbering" includes "arranging, beautifying, coloring, processing, shaving, styling, or 

trimming the mustache or beard by any means or method." 

V.T.C.S. art. 8407a, § 4 (b) (1). The revised definition of 

,*~cosmetology" contains no reference to the shaving or 

trimming of beards. V.T.C.S. art. 8451a, 5 l(3). The 

revised barber statute provides that persons practicing 

under the cosmetology statute are exempt from the provisions 

of the barber statute Itso long as such persons practice 

within the scope of the license or permit duly issued by the 

Texas Cosmetology Commission.~~ V.T.C.S. art. 8407a, § 6(c). 

The legislature has amended the cosmetology statute a 

number of times since 1975, but it has made no changes that 

could be interpreted as giving cosmetologists the authority 

to shave and trim beards. & aenerallv Acts 1985, 69th 

Leg., ch. 483, at 2051: Acts 1983, 68th Leg., ch. 81, at 355 

(setting fees under the cosmetology statute): Acts 1983, 

68th Leg., ch. 557, at 3236 (continuing education for 

cosmetologists): Acts 1981, 67th Leg., ch. 279, at 747 

(relating to exemptions under cosmetology statute): Acts 

1979, 66th Leg., ch. 606, at 1340 (relating to licensing of 

cosmetologists); Acts 1977, 65th Leg., ch. 356, at 946 

(relating to examinations and blood tests for cosmetologists); Acts 1977, 65th Leg., ch. 419, at 1123 (relating to 

private beauty culture schools): Acts 1977, 65th Leg., ch. 

666, at 1685 (relating to certification for hair cleansing 

and scalp conditioning). 

Nonetheless, it has been suggested that cosmetologists 

have authority to trim beards by virtue of their authority 

to trim "the hair." See V.T.C.S. art. 8451a, 91(3)(A). We 

disagree. The statute governing barbers refers to "the 

hair" and "the beard" separately, indicating that "the hair" 

does not include "the beard." Acts 1971, 62d Leg., ch. 

1036, 5 51, at 3402; Acts 1975, 64th Leg., ch. 691, 5 4, at 

2133 (codified as article 8407a, 5 4). That same 

legislation is the source for the current cosmetology 

1. The legislature made numerous minor changes in the 

cosmetology statute in 1973, none of which had to do with 

shaving or trimming beards. Acts 1973, 63d Leg., ch. 136, 

at 290; ch. 250, at 581; ch. 270, at 637; ch. 536, at 1388. 

p. 5064 
-. 

Ms. Jo King McCrorey - Page 5 (JM-990) 

statute, which gives cosmetologists authority to trim "the 

hair," but makes no mention of "the beard." Id., § 28 

(codified as article 8451a, § l(3)). Also, a cosmetologist 

has authority to remove superfluous "body hair" by the use 

of depilatories or mechanical tweezers. A cosmetologist has 

no authority to remove "body hair" by shaving. In light of 

those provisions, we cannot conclude that a cosmetologist's 

authority to trim "the hair" can be construed to include the 

authority to trim beards. 

SUMMARY 

A licensed cosmetologist has no 

statutory authority to shave and trim beards. 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLKY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

p. 5065