WILL WILSON 

A-RNEY GENERAL 

December 21, 1962 

Mrs. Bess Blackwell Opinion No. W-15i3 

Executive Secretary 

State Board of Hairdressers Re: Whether the students in a 

and Cosmetologists cosmetology department in 

Austin, Texas a Vocational High School 

are eligible to work on the 

public for a fee or other 

Dear Mrs. BLackwell: compensation. 

You have requested an opinion from this office upon 

the question of whether, pursuant to Article 7&b 

Penal Code, students in the Cosmetology Departmen E 

Vernon’ls 

of a VocaMona1 High School are eligible to work on ‘the public for a 

fee or compensation. 

It is our understanding that many of the Public Vocational Schools have Cosmetology Departments, have complied with 

the provisions of Section 5 of Article 73&b, and are $e;zfgr; 

eligible to operate as a school of beauty culture. 

further understanding that the graduates of these Cosmetology 

Departments of Public Vocational Schools are eligible for licensure by the State Board of Hairdressers and Cosmetologists if 

such graduates meet the requirements of licensure as set forth 

by Section 4 of Article 73&b. 

Section 5 of Article ‘&b pertains to the prerequisites of operating a school of beauty culture, and, in addition, 

sets ,forth certain conditions and requirements which must be met 

and adhered to by anyone desiring to conduct a school of beauty 

culture. Section 5(e) of Article 73&b provides that: 

“No school shall be permitted to charge for 

work done by any student who has not completed 

fifty per cent (5056) of the required number of 

hours, as provided for in Section 5, Subsection 

(b); and no school shall be permitted to charge 

for work done by licensed instructors.” 

Section 5(a) of Article 734b provides in part that: 

I, . Provided, hotlever, that the requirements L’to floors space, type of building, bond 
. . 

Mrs. Eess Blackwell, page 2 (WW-1513) 

requirement and number of licensed instructors 

shall not apply to Public Vocational Schools." 

The above quoted provision found in Section 5(a) of 

Article 734b indicates that the Cosmetology Departments of Public Vocational Schools are exempted from certain requirements 

as to floor space, type of building, bond requirement, and number of licensed instructors; however, this is the only exemption 

afforded the Cosmetology Departments of Public Vocational 

Schools. 

Section 5(e) of Article 73&b allows schools of beauty 

culture to charge for work done by students when such students 

have completed fifty per cent (50%) of the required ~number of 

instructional hours set forth in Section 5(b) of Article 73&b. 

The above quoted provisions of Section 5'(a) of Article 734b do not exempt Public Vocational Schools from the restrictions set forth in Section 5(e) of, Article 73&b, nor does 

Section 5(e) of Article 734b prohibit Public Vocational Schools 

from permitting a charge to be made for work done by students 

who have completed the required percentage of instruction. 

We are therefore of the opinion that there is no prohibition against the students in a Cosmetology Department of 

a Public Vocational School engaging in hair dressing, cosmetology, and manicuring upon the public, and there being a fee or 

compensation charged for such work by the school as long as the 

provisions of Section 5(e) of Article 734b are complied with. 

SUMMARY 

There is no prohibition against the students in 

a Cosmetology Department in a Public Vocational School 

engaging in hair dressing, cosmetology, and manicuring 

upon the public, and a fee or compensation being 

charged for such work by the school as long as the provisions of Section 5(e) of Article 73&b are complied 

with. 

Yours very truly, 

PB:wb 

WILL WILSON 

spat Dailey 

Assistant 
Ml -s. Bess Blackwell, page 3 (W-1513) 

APPROViZD: 

OPINIO1\! COMMITTEE 

W. V. Geppert, Chairman 

Sam Wilson 

Grady Chandler 

Pat Bailey 

Vernon Teofan 

REVIEWZD FOR 'IX?. ATTORNEY GENERAL 

BY: Leonard Passmore