The Attorney General of Texas 

December 22, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. BOY 12546 

Austin, TX. 76711.2546 

5121475-2501 

T&x Q101674~1367 

Telecopier 512/475-0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

214/742+3944 

4624 Alberta Ave., Suite 160 

El Paso. TX. 79905.2793 

915/533c3464 

1220 Dallas Ave.. Suite 202 

Houston. TX. 77002-6966 

7131650.0666 

806 Broadway. Suite 312 

Lubbock, TX. 79401.3479 

806/747-5236 

4309 N. Tenth, Suite 6 

McAllen. TX. 78501-1685 

5121682.4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 78205.2797 

5121225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Gary E. Miller, M.D. 

Commissioner 

Texas Department of Mental Health 

and Mental Retardation 

P. 0. Box 12668 

Austin, Texas 78711 

Opinion No. MW-526 

Re: Whether barber and beauty 

shops in Texas Department of 

Mental Health and Mental 

Retardation must be licensed 

under the Barber and Cosmetology Acts 

Dear Dr. Miller: 

You have requested our opinion as to whether barber and beauty 

shops located in facilities of the Department of Mental Health and 

Mental Retardation [hereinafter MHMR] must be licensed under the 

barber and cosmetology statutes. We presume that only licensed 

barbers and cosmetologists practice in such facilities. Section 2(a) 

of article 8407a. V.T.C.S., the Texas Barber Law, prohibits the 

practice of barbering by any person "unless duly licensed and 

registered in accordance with all laws of this state regulating the 

practice of barbering." Likewise, section 9(a) of article 8451a, 

V.T.C.S., the Cosmetology Regulatory Act, provides that no person may 

"perform any practice of cosmetology without first obtaining a license 

or certificate to perform that practice." 

Section 3(a) of article 8407a states that "[n]o person may own, 

operate, or manage a barber shop without a barber shop permit issued 

by the board [of barber examiners]." Section 3(b) directs every 

"firm, corporation, or person who opens a new barber shop" to apply 

for a temporary barber shop permit and pay an inspection fee of 

$25.00. An annual renewal fee of $25.00 is also required. section 19 

of article 8451a specifies the requirements for obtaining a beauty 

shop license and also requires a license fee of $25.00. 

It might be argued that neither statute contemplates that an MHMR 

facility must obtain a license to operate a barber or beauty shop. 

Section 19(d) of article 8451a provides, however: 

(d) In order that the public may fix 

responsibility for services, acts, or treatments 

performed by persons licensed by the State Board 

of Barber Examiners vis-a-vis those performed by 

p. 1906 
Dr. Gary E. Miller - Page 2 (MW-526) 

persons licensed by the Texas Cosmetology 

Commission, to promote the efficient and orderly 

administration of laws regulating barbers and the 

practice of barbering and the laws regulating 

cosmetologists and the practice of cosmetology, 

and to avoid confusion of the public as well as 

avoiding conflicts of jurisdiction between such 

board and commission which might impede effective 

administration or enforcement of the laws under 

their respective jurisdictions, from and after 

January 31, 1980: 

(1) a person licensed by the barber board may 

practice barbering only at a location for which 

the board has issued a barber shop permit, barber 

school or college permit, or any other permit. If 

the State Board of Barber Examiners and the Texas 

Cosmetology Commission license the same facility, 

the board may not adopt rules restricting or 

prohibiting the practice by a Class A barber in 

the facility; and 

(2) a person licensed by the cosmetology 

commission may practice cosmetology only at a 

location for which the commission has issued a 

beauty shop license, private beauty culture school 

license, or any other license, If the State Board 

of Barber Examiners and the Texas Cosmetology 

Commission license the SallIe facility, the 

commission may not adopt rules restricting or 

prohibiting the practice by a cosmetologist in the 

facility. 

Thus, the statute clearly indicates that licensed barbers and 

cosmetologists may practice their professions only in licensed 

facilities. Although both article 8407a, section 6, and article 

8451a, section 39, exempt certain "persons" from the provisions of the 

two statutes, neither excepts persons who practice in state 

facilities, and neither provides any exception to the licensing of 

barber or beauty shops. 

Furthermore, in Attorney General Opinion H-769 (1976). this 

office held that a person employed as a psychologist by a hospital 

licensed by MIIMR is not thereby exempt from the licensing requirements 

of article 4512c, V.T.C.S., the Psychologists' Certification and 

Licensing Act. The opinion indicated that the lack of a specific 

statutory exception for MHMR facilities implies that psychologists 

employed therein are not exempt from the licensing requirements for 

psychologists. In our opinion, the absence of similar exceptions for 

p. 1907 
Dr. Gary E. Miller - Page 3 (MW-526) 

barber and beauty shops in MHMR facilities, together with the specific 

prohibition against the practice of barbering and cosmetology in 

unlicensed facilities, obliges us to conclude that barber/beauty shops 

located in MHMR facilities must be licensed under the barber and 

cosmetology statutes. Section 19 of article 8451a clearly 

contemplates dual licensing in any facility where both barbering and 

cosmetology are practiced. 

SUMMARY 

Barber/beauty shops located in facilities of 

the Department of Mental Health and Mental 

Retardation are required to be licensed under the 

barber and cosmetology statutes, articles 8407a 

and 8451a. V.T.C.S. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Bruce Youngblood 

p. 1908