Mrs. Bess Blackwell

Executive Secretary OpinionNo. C-532 State Board of Hairdressers Re: Whether a licensedbeauty and Cosmetologists operatormay work in a barber Austin, Texas shop giving shampoos,hair coloring, or styling the hair of Dear Mrs. Blackwell: male patrons of the shop.

Your request for an opinionposes the following question: Whether a licensedbeauty operator is eligibleto work In a barber shop doing (1) shampooing, (2) hair coloring, or (3) styling the hair of male clients.

Article 734b, Vernon's Penal Code, is common1 known as the Hairdressersand Cosmetologists Law. % Article 73 a, Vernon's Penal Code, Is commonly known as the Texas Barber Law. Both set up differentState agencies for the regulationof their respectivepractices.

Article 734b, Section 10(g),provides: "The Board may refuse to issue or to renew or may suspend or revoke any license issued in accordancewith the provisions of this Act for the followingreasons: 11

. . . "(g) Practicinghairdressingor cosmetology outside of a beauty shop excert as providedby Section 12 of this Act. Section 12 of this Act provides the only exception to the practicingof hairdressingand cosmetologyoutside of a beauty shop and it is as follows: Provided, further, that nothing in this & shall prohibit a person licensed under this Act from performingduties as prescribedby this Act In the home of a customer in cases of emergency,when sent by a shop owner. . . .'
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This Section also permits work upon the hair to be performed in a private home when done without charge.

From the above sections, it is clear that the only way a licensed beauty operatorma perform their servicesoutside a licensed beauty shop is (1 "iin the home of a customer in cases of emergencywhen sent by a shop owner or (2) work upon the hair of a person when performed in a private home without charge of fee.

Article 734a, Section 1, Vernon's Penal Code, provides: "It shall be unlawful for any person

to engage in the practice or attempt to practice barbering in the State of Texas without a certificateor reRistrationas a reulsteredbarber issued pursuant to the provisions of this Act, by the Board of 3ar er -phasis added) Section 4(a) of said Act provides: (I

. . . and the practice of barbering Is hereby defined to be the following practices for hire or reward when not done In the practice of medicine, surgery, osteopathy,or necessary treatmentsof healing the body by one authorized by law to do so; ” (a) Shaving or trimmingthe beard or cutting the hair.” (Emphasis added) Section 4(b) provides: “By giving any of the following treatmentsby any person engaged In shaving or trimming the beard and/or cutting the hair; II

. . . “(2) Singeing, shampooing, or dye- = the hair or applyinghair tonics;

IX

. . . ” (&nphasisadded)

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Article734a, Section 6, Vernon's Penal Code, provides: "It shall be unlawful for any person

to follow the occupationof cutting hair, or practiceas a halrcutter in any beauty shop or hair dressingparlor or elsewhere for hire as hereinbefore provided unless exceptedby this act, unless such person shall have first obtained a Certificate, as herein provided,which certificateshall authorizethe cutting of hair only in such parlor or establishment where such haircutting is for hire or reward.
. . .' No exceptionis found in this Act which allows a licensedbeauty operator to perform the services of barbering about which you request, I.e., cutting the hair, shampooing the hair and dyeing the hair, without first complyingwith the licensingprovisionsof the Texas Barber Law.

Prom the above statutes, It Is clearly seen that before a person can perform the services of a barber, they must first comply with the regulationsof, and be licensedby, the Board of Barber Examinersof the State of Texas. Before a person may perform the servicesof hairdressingand cosmetology, they must comply with the regulationsof, and be licensedby, the Board of Hairdressersand Cosmetologistsof the State of Texa a. Further,any licensedhairdresserand cosmetologist who performs his servicesoutside a licensedbeauty shop, with the exceptionnoted in Article 734b, Section 12, Vernon's Penal Code, above, may have his license suspendedor revoked If it has previously

been Issued or the Board may refuse to issue or renew his license,whichever is applicable.

DS/lbh SUMMARY

A licensedbeauty operator may not work in a barber shop giving shampoos, hair coloring,or styling the hair of male patrons of the shop. Yours very truly, WAGGONER CARR Attorney General of Texas
By: Dti &dQ-"k DUNKLIN SULLIVAN AssistantAttorney General -2544-Mrs. Bess Blackwell, Page 4 (C- 532)

APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Ralph Rash Tom Mack W. 0. Shultz Pat Bailey APPROVED FOR TRE ATTORNEY GENERAL BY: T. B. Wright

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