Mrs. Bess Blackwell 

Executive Secretary 

Opinion No. C-532 

State Board of Hairdressers Re: Whether a licensed beauty 

and Cosmetologists operator may 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 opinion poses the following 

question: Whether a licensed beauty operator is eligible to 

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 Hairdressers and Cosmetologists Law. Article 73 % a, Vernon's Penal Code, Is commonly known as the Texas Barber Law. 

Both set up different State agencies for the regulation of 

their respective practices. 

Article 734b, Section 10(g), provides: 

"The Board may refuse to issue or to 

renew or may suspend or revoke any license 

issued in accordance with the provisions 

of this Act for the following reasons: 

11 . . . 

"(g) Practicing hairdressing or cosmetology outside of a beauty shop excert 

as provided by Section 12 of this Act. 

Section 12 of this Act provides the only exception 

to the practicing of hairdressing and cosmetology outside of 

a beauty shop and it is as follows: 

Provided, further, that nothing 

in this & shall prohibit a person licensed 

under this Act from performing duties as prescribed by this Act In the home of a customer 

in cases of emergency, when sent by a shop 

owner. . . .' 

-2542- 
Mrs. Bess Blackwell, Page 2 (C- 532) 

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 operator ma perform their services outside a licensed beauty shop is (1 "i in the home of a customer 

in cases of emergency when 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 certificate or reRistration as 

a reulstered barber issued pursuant to the 

provisions of this Act, by the Board of 

3 ar 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 treatments of 

healing the body by one authorized by law 

to do so; 

” (a) Shaving or trimming the beard 

or cutting the hair.” (Emphasis added) 

Section 4(b) provides: 

“By giving any of the following 

treatments by any person engaged In shaving or trimming the beard and/or cutting 

the hair; 

II . . . 

“(2) Singeing, shampooing, or dye- 

= the hair or applying hair tonics; 

IX 

. . . ” (&nphasis added) 

-2543- 
Mrs. Besa Blackwell, Page 3 (C-532) 

Article 734a, Section 6, Vernon's Penal Code, provides: 

"It shall be unlawful for any person 

to follow the occupation of cutting hair, 

or practice as a halrcutter in any beauty 

shop or hair dressing parlor or elsewhere 

for hire as hereinbefore provided unless 

excepted by this act, unless such person 

shall have first obtained a Certificate, 

as herein provided, which certificate shall 

authorize the cutting of hair only in such 

parlor or establishment where such haircutting is for hire or reward. . . .' 

No exception is found in this Act which allows a 

licensed beauty 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 complying with 

the licensing provisions of 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 regulations of, and be licensed by, the 

Board of Barber Examiners of the State of Texas. Before a person may perform the services of hairdressing and cosmetology, 

they must comply with the regulations of, and be licensed by, 

the Board of Hairdressers and Cosmetologists of the State of 

Texa a. Further, any licensed hairdresser and cosmetologist 

who performs his services outside a licensed beauty shop, with 

the exception noted in Article 734b, Section 12, Vernon's Penal 

Code, above, may have his license suspended or 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 licensed beauty 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 

Assistant Attorney 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 

-2545-