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 

requirements as 

outlined in Section 9, 

H.B. 829, Acts 57th 

Legislature, 1961, 

Dear Sir: and related question. 

We are in receipt of your letter requesting an 

opinion on the questions as hereinafter set out. The 

pertinent portions of your letter read as follows: 

"When a barber school changes ownership, 

necessitating drawing up of a new contract 

and issuance of a new license, can the new 

owner be required to bring the school up to 

the requirements as 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, in part, 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 

-3105- 
Mr. Eldon Jeffreys, page 2 (a-640) 

has first met the requirements of this 

Section. . . . 

n . . . 

"(c) Bo barber school or college which 

issues 'Class A' certificates shall be approved 

by the Board for the issuance of a permit unless 

sai'd school or college has the following: 

"(1) An adequate school site housed in a 

substantial building of a permanent-type construction containing a minimum of not less than 

two thousand, eight hundred (2,800) square feet 

of floor space. Such space shall be divided 

into the following separate departments: a 

senior department, a junior department, a 

class theory room, a supply room, an office 

space, a dressing and cloak room, and two 

(2) sanitary, modern separate rest rooms, 

equipped with one (1) commode each and a 

urinal in one (1) rest room. 

"(2) A hard-surface floor covering of 

tile or other suitable material. 

“(3) A minimum of twenty (20) modern 

barber chairs with cabinet and mirror for 

each chair. 

' 4) 

two (2 I 

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 lighting of 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, containing a medical 

dictionary and a standard work on the human 

anatomy. 

-3106- 
. 

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-fighting equipment 

to be 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 college must 

obtain renewal of its certificate by 

September 1st each year by the payment of 

an annual renewal fee of One Hundred Dollars 

($100) - 

"(i) When a barber ~school or college 

changes ownership, the Board shall be notified 

of the transfer within ten (10) days from 

the date of such change. 

"(j) Any school or college desiring to 

change the location of such school or college 

must first obtain approval by the Board by 

showing that the proposed location meets the 

requirements of this Section. 

"(k) If said Board refuses to issue a 

permit to any such school or college, such 

school or college may by written request 

demand the reasons for said refusal and if 

said school or college shall thereupon meet 

said requirements and makes a showing that 

the requirements of this law have been 

complied with, 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. 

-3107- 
. 

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

Any such suit must be filed within twenty 

(20) days after the final order of said Board 

refusing to issue such permit is entered, 

provided registered notice is mailed or it 

is otherwise shown that said school or 

college has 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 requirements of this law, either directly 

or indirectly, then said Board shall suspend 

or revoke the permit of any such school or 

college. Before auapending,or revoking any 

such permit, said Board must give such school 

or college a hearing, notice of which hearing 

shall be delivered to such school or college 

at least twenty (20) days prior to the date of 

said hearing. If said Board suspends or revokes 

said permit at said hearing, then such school 

or college may file suit to prevent the same or 

to appeal from said order. Any and all suits 

filed hereunder shall be filed within 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 ,the permit 

of any school or college if it violates any of the requirements 

of this law, either directly or Indirectly, after a due hearing 

before said Board. This authority to suspend or revoke the 

permit applies both 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, it was noted that there were~no provisions 

providing for the standards which have been set up in Section 9, 

Para raph (c) and Sub-paragraphs (1-12) inclusive, of House Bill 

No. 8 29, 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 its meaning and in 

such case the law will be applied and enforced as it reads, 

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

regardless of policy, fairness or ustice of its effects. 

Gilmore v. Waples, 1.08 Tex. 167, 1 iI 8 S.W. 1037 

V. Southwestern Surety Insurance Co., 

719181 $1 . mmons v. Arnim,~llO T 

Gatelei v. Humphrey, 151: Tex. 5%; 3250 

Therefore, under the provisions of Paragraph (I), 

supra, when a barber school changes ownership, the new owner 

is not required to bring the school up to the requirements as 

outlined in Paragraph (c), Sub-paragraphs (1-12) supra, and the 

only requirement concerning the transfer is notification to 

the Board that the transfer had 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: 

"If a barber school changes location, with 

or without change of 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 

college must obtain approval by the Board by showing that the 

proposed location meets the requirements of 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 cannot be required to 

bring the school up to the standards as 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 the permit, if the school 

violates the requirements of 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 location must obtain approval of the Board 

of the building and equipment located therein. 

-3109- 
Mr. Eldon Jeffreys, page 6 (C-640) 

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 

-3110-