### THE ORNICY GENERAL OFTEXAS

Mr. Eldon Jeffrey5 Opinion NO. C-643 Executive Secretary State Board of Barber Examiners Re: When a barber school 512 Sam Houston Building changes ownership, Austin, Texas necessitating the drawing up of a new contract,whether the new owner can be required to bring the school up to the requirementsas outlined in Section 9, H.B. 829, Acts 57th Legislature, 1961, Dear Sir: and related question.

We are in receipt of your letter requestingan opinion on the questions as hereinafter set out. The pertinentportions of your letter read as follows:

"Whena barber school changes ownership, necessitating drawing up of a new contract and issuance of a new license, can the new owner be required tobring the school up to the requirementsas outlined in Section #9, H.B. 82g? "If a barber school changes locations, with or without a change of ownershi it meet all requirements of Section 9, H.B. $' must 829 in the new location?" Section 9, H.B. 829, Acts 57th Leg., 1961, has been codified as Section 9, Article 734a, Vernon's Penal Code, and provides, inpart, as follows:

"Sec. 9. (a) Any firm, corporation, partnership or person desiring to conduct or operate a.barber school or college in this State shall first obtain a permit from the State Board of Barber Examiners after demonstrating that said school or college

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has first met the requirementsof this Section.

. . . n

. . . "(c) Bo barber school or collegewhich issues 'ClassA' certificates shallbe approved by the Board for the issuance of a permit unless sai'dschool or collegehas the following: "(1) An adequate school site housed in a substantialbuilding of a permanent-type construction containinga minimum of not less than two thousand, eight hundred (2,800) square feet of floor space. Such space shallbe divided into the following separate departments: a senior department,a juniordepartment,a class theory room, a supply room, an office space, a dressingand cloak room, and two (2) sanitary,modern separate rest rooms, equippedwith one (1) commode each and a urinal in one (1)rest room. "(2) A hard-surface floor covering of tile or other suitablematerial.

“(3) A minimum of twenty (20)modern barber chairswith cabinet and mirror for each chair.
' 4) two (2I One (1) lavatory in back of each

chairs.

“(5) A liquid sterilizer for each chair.

“(6) An adequate number of latherizers, vibrators, and hair dryers for the use of students.

“(7) Adequate lightingof all rooms.

“(8) At least twenty (20) classroom chairs, a blackboard, anatomical charts of the head, neck and face, and one (1)barber chair in the class theory room. "(9) A library and library facilities available to students, containinga medical dictionaryand a standardwork on the human anatomy.

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Mr. Eldon Jeffreys,page 3 (c-640)

facil~~:C)~Adequate drinking fountain

,but at least one (1) to each floor. "(11) Adequate toilet facilities for the students. "(12) Adequate fire-fightingequipment tobe maintained in case of emergency. 19

. . . "(h) No barber school or college shall be issued a permit to operate under the provisions of this Section until it has first furnished the following evidence to the Board: 11

. . .

“(7) An application fee of Two Hundred Dollars ($200). ‘1

. . .Any such school or collegemust obtain renewal of its certificateby September 1st each year by the payment of an annual renewal fee of One Hundred Dollars ($100)- "(i) When a barber~schoolor college changes ownership, the Board shallbe notified of the transferwithin ten (10) days from the date of such change. "(j) Any school or college desiring to change the locationof such school or college must first obtain approvalby the Board by showing that the proposed locationmeets the requirementsof this Section. "(k) If said Board refuses to issue a permit to any such school or college, such school or collegemay by written request demand the reasons for said refusal and if said school or college shall thereuponmeet said requirementsand makes a showing that the requirements of this law have been compliedwith, then if said Board refuses to issue said permit, a suit may be instituted by such school or college in any of the District Courts of Travis County, Texas, to require said Board to issue such permit.

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Mr. Eldon Jeffreys,page 4 (C-640)

Any such suitmust be filedwithin twenty (20)days after the final order of said Board refusing to issue suchpermit is entered, provided registerednotice is mailed or it is otherwise shown that said school or collegehas notice within ten (10)days from the entering or making of said order. "(1) In the event such school or college after a permit is issued to it violates any of the requirementsof this law, either directly or indirectly, then said Board shall suspend or revoke the permit of any such school or college. Before auapending,orrevoking any such permit, said Board must give such school or college a hearing, notice of which hearing shallbe delivered to such school or college at least twenty (20)days prior to the date of saidhearing. If said Board suspendsor revokes saidpermit at said hearing, then such school or collegemay file suit to prevent the same or to appeal from said order. Any and all suits filed hereunder shallbe filedwithin twenty (20) days from the date of the order of said Board in any of the District Courts of Travis County, Texas, and not elsewhere,and the order shall not become effective until said twenty (20)days has expired."
It is noted in Paragraph (1)of Section 9, that the Board has the authority to suspend or revoke ,thepermit of any school or college if it violates any of the requirements of this law, either directly or Indirectly,after a due hearing before saidBoard. This authority to suspendor revoke the permit appliesboth before and after a change in ownership.

In reviewing Sections 9, 20 and 27 of House Bill No. 104, Chapter 65, Acts of the alst Legislature, First Called Session, as amended, itwas noted that therewere~no provisions providing for the standardswhich have been set up in Section 9, Para raph (c)and Sub-paragraphs (1-12) inclusive, of House Bill No. 829, Acts 57th Legislature, 1961, and the provisions setting up the standards for buildings and equipment of the barber schools or colleges is a new part of the act. ,c

We are of the opinion from a reading of Paragraph (I) of Section 9, Article 734a, Vernon's Penal Code, that the language used is plain and unambiguous in itsmeaning and in such case the lawwill be applied and enforced as it reads,

* -3108-Mr. Eldon Jeffreys,page 5 (C-640)

regardlessof policy, fairnessor ustice of its effects. Gilmore v. Waples, 1.08 Tex. 167, 1 8 S.W. 1037 iI V. Southwestern Surety InsuranceCo., 

### 719181$1 . mmons v. Arnim,~llO T Gatelei v. Humphrey, 151: Tex. 5%; 3250

Therefore, under theprovisions of Paragraph (I), supra,when a barber school changes ownership, the new owner is not required to bring the school up to the requirementsas outlined in Paragraph (c), Sub-paragraphs (1-12)supra, and the only requirement concerning the transfer is notification to the Board that the transferhad been made within the period of time as set out in such statute,whereby the Board would be apprised of the name of the new owner.

Your second question concerns the following fact situation:"Ifa barber school changes location,with or without changeof ownership,must it meet all requirements of Section#g, H.B. 829 in the new location?"
We are of the opinion that from reading Paragraph (j) of Article 734a,Vernon's Penal Code, that the school or collegemust obtain approvalby the Board by showing that the proposed location meets the requirementsof Section 9. SUMMARY
Pursuant to the provisions of Paragraph (I)o:*Section 9 of Article 73&a, Vernon's Penal Code, if a barber school or college changes ownership, the new owner cannotbe required to bring the school up to the standardsas set out in Paragraph (c), Sub-paragraphs (1) through

of Article 73&a,Vernon's by virtue of Paragraph (1) of Section 9, the Board has the authority to revoke or suspend thepermit, if the school violates the requirementsof said section.

Pursuant to the provisions of Paragraph (j)o2f'Section

9 of Article 734a,Vernon's Penal Code, a barber school or college changing to a new locationmust obtain approval of the Board of thebuilding and equipment located therein.

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Yours very truly,

JHB:ra:sj APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Malcolm Quick Phillip Crawford Mario Obledo James Broadhurst APPROVED FOR THE ATTORNEY GRNRRAL BY: T. B. Wright

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