E 

## A%TOWNEW GENE OF -XAS

October 11, 1961

HonorableV. 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 approvedbarber school,whose schoolingwas interrupted and who later re-enrolls to Dear Mr. Housworth: completehis 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 studentwho was enrolled in one of the approvedbarber schoolsbefore amendments to Section 9 became effective,butwho was interrupted eitherbefore or after August 

### 28th,and subsequently re-enrolls in a barber school to completehis course, will he be required to go an additionalmonth with the additional 200 hours; or will he come unde:rthe six month-l,000hour requirement?" The answer to this problem requires a consideration of House Bill 

## 829 of the 57th Legislature,amending S'ection9 of Article 73&a, Vernon's Penal Code, !lGhich follows in part: "Sectiong(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 shallbe prominently displayed at all times at such school or college. No such school or college shallbe 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 'ClassAl certificateand not less than oneHonorableV. D. Housworth, page 2 (Wd-116&)

thousand (1000)hours, to be completedwithin a period of not less than six (6)months for a 'ClassBI certificate;and no certificate or permit shallbe 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 intelligentlyand write clearly the English language determined by an exanination conductedby the school or college." The gist of your inquiry deals directly v:iththe effect on the student seeking a "ClassA" permit under the statute. In Tex.Jur.,Vol. 27, at page 870, we read:

"Construction. - In construinga 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 qualificationsof an applicant for a barber certificate,which read as follows:

"Section 7. Any person is aualified to receive a certificateof registration to practicebarbering:
Secti~~)8W~f this .2ot

o is oualified under the provisions of (b) \!hois at'lekst eighteen (18)years of age and who has practiced as an assistantbarber 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 conductedby the Eoard to determine his fitness for practicingbarbering.

. . , "Section 8. Any person is qualified to

receive a certificate of registrationas a registered assistant barber: (a)Nho is at least sixteenand one-halfyears of age; andHonorable V. D. Housworth, page 

### 3 (~1-1164) (b) Whois of good moral character and temperate habits; and (c) Whohas graduated from a school of barbering approved by 

### tneBoard;and (d) Whohas 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 whograduated 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 maybe found Mn;ega;d to the Cosmetologists. (See Attorney General’s Opin-

. 

### o-4057(1941) and 

### O-1764(1939J.l Wethink it Is equally clear that a student seeking a !‘Class A” permit whore-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

completedgrior to h-is opintcnNo. O-2279 (@{.c:)

.!

p student whost **3cl~oolity3 was**  **intsrmpted,** and whore-enroils 5.~3 ?. to Azgust 28, 

### 1961, barber scWoc1.subsequent ".Ebcumdilnder 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, ,,:'~ .*;. WILLWILSOK i. Attcrne?? General of Texas.