E A%TOWNEW GENE 

OF -XAS 

October 11, 1961 

Honorable V. D. Housworth Opinion No. ‘~-1164 

Executive Secretary 

State Board of Barber Re: Effect of House Bill No. 829, 

Examiners 57th Leg., R.S., amending 

Austin. Texas Sec. 9 of Article 7342, Vernon's Penal Code, as tb a 

student enrolled in an approved barber school, whose 

schooling was interrupted 

and who later re-enrolls to 

Dear Mr. Housworth: complete his course. 

Your request for an opinion regarding House Bill No. 

829 of the 57th Legislature, amending Section 9 of Article 734a, 

Vernon's Penal Code, is as follows: 

"If a student who was enrolled in one of the 

approved barber schools before amendments to Section 9 became effective, butwho was interrupted 

either before or after August 28th, and subsequently 

re-enrolls in a barber school to complete his course, 

will he be required to go an additional month with 

the additional 200 hours; or will he come unde:r the 

six month-l,000 hour requirement?" 

The answer to this problem requires a consideration 

of House Bill 829 of the 57th Legislature, amending S'ection 9 

of Article 73&a, Vernon's Penal Code, !lGhich follows in part: 

"Section g(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 demonostrating that said 

school or college has first met the requirements 

of this Section. Said permit shall be prominently 

displayed at all times at such school or college. 

No such school or college shall be approved unless 

such school or college requires as a prerequisite 

to graduation a course of instruction of not less 

than twelve hundred (1200) hours, to be completed 

within a period of not less than seven (7) months 

for a 'Class Al certificate and not less than one 
Honorable V. D. Housworth, page 2 (Wd-116&) 

thousand (1000) hours, to be completed within a 

period of not less than six (6) months for a 

'Class BI certificate; and no certificate or 

permit shall be issued as provided for herein 

to an applicant to be a student in such a school 

or college unless said applicant demonstrates 

his or her ability to read intelligently and 

write clearly the English language determined 

by an exanination conducted by the school or 

college." 

The gist of your inquiry deals directly v:ith the 

effect on the student seeking a "Class A" permit under the 

statute. In Tex.Jur., Vol. 27, at page 870, we read: 

"Construction. - In construing a license law, 

a Court will seek to ascertain and give effect to 

the legislative intent. Every part of the act 

will be considered, so as to make all parts harm37ize if practicable, and give a sensible effect 

co' eaci . " 

Conseauently, it is necessary to further examine 

%ections 7 and 8 of Article 73&a, Vernon's Penal Code, relating to the qualifications of an applicant for a barber 

certificate, which read as follows: 

"Section 7. Any person is aualified to receive 

a certificate of registration to practice barbering: 

Secti~~)8W~f this .2ot 

o is oualified under the provisions of 

(b) \!ho is at'lekst eighteen (18) years of 

age and who has practiced as an assistant barber 

under authority of a certificate issued by the 

Board of Barber Examiners, as such, for at least 

eight::? i$l.~)imonths. 

c of good moral character and temperate habits; and 

(d) !:ho has passed a satisfactory examination 

conducted by the Eoard to determine his fitness for 

practicing barbering. . . , 

"Section 8. Any person is qualified to receive 

a certificate of registration as a registered assistant barber: 

(a) Nho is at least sixteen and one-half years 

of age; and 
Honorable V. D. Housworth, page 3 (~1-1164) 

(b) Who is of good moral character and temperate 

habits; and 

(c) Who has graduated from a school of barbering 

approved by tne Board; and 

(d) Who has passed a satisfactory examination 

conducted by the Board to determine his fitness to 

practice as a registered assistant barber.” 

Thus, as you can see from reading the above statutes 

together, a person to be registered as a barber must have praduated from a school of barbering approved by the Board, among 

ZlEr requirements. There are no cases or opinions of the Attorney General dealing with this specific question relative to 

barbers, but we find similar problems having arisen In other 

trade or profession licensing. For example, in Attorney General’s Opinion No. O-2975 (1940), the inquiry covered a statutory change in the medical school requirements. The opinion 

held that it was the date of eaduation that was important. 

Further, in construing that statute,as to the licensing of one 

In the medical profession, which Is similar in wording to the 

one here under consideration, the Attorney General in opinion 

No, O-2930 (1940) stated: 

“Under the express provision of the law (both 

before and after amendment) the Board cannot lawfully 

examine one who graduated from a medical school which 

was not a ‘reputable medical school.’ Obviously, the 

character of the school at the time the applicant attended and graduated therefrom controls.” 

Similar oplnions as to similar problems may be found 

Mn;ega;d to the Cosmetologists. (See Attorney General’s Opin- 

. o-4057 (1941) and O-1764 (1939J.l 

We think it Is equally clear that a student seeking 

a !‘Class A” permit who re-enrolls subsequent to August 28, 1961 

In a barber school should be bound under the twelve hundred 

(1200) hour seven (7) month requirement of amended Seotlon 9 

of Article 734a, since to be qualified to be registered he must 

have graduated from a school of barbering approved by the Eoard 

Further, since it Is necessary for a school to require twelve 

hundred (1200) hours and seven (7) months for graduation subsequent to that date to be approved by the Board, so must the 

student fulfill this requirement to be graduated from an approved school as requlred~by the statute. This would apply-to 

* 

. . 

a ‘!Class B” permit itudent also except, of course, tne requlre- 

;zn;h;nder “Class B Is one thousand (1000) hours and six (6) 

. 
Honcj?able V. D. iious:Jor:h, page 4 (NW-li64) 

Of course, a EC;KXI~ in which the student re-enroile .is 

completed grior to h-is 

opintcn No. O-2279 (@{.c:) .! 

p student whost 3cl~oolity3 was intsrmpted, 

and who re-enroils 5.~3 ?. 

to Azgust 28, 1961, 

barber scWoc1. subsequent 

".E bcumd ilnder the ar;zxCied 

ho'*lru ~3% tine reqci?%:-znt of House'Si. &g, 

codL:?ied 23 Secticn ga, Article 734a,.Vernaafs .. 

Ccnai Code. 

Yours very fruljr, ,,: '~ .*;. 

WILL WILSOK i. 

Attcrne?? General of Texas.