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 cosmetologydepartment in Austin, Texas a Vocational High School are eligible towork 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 CosmetologyDepartmen E Vernon’ls of a VocaMona1 High School are eligible towork on‘thepublic for a fee or compensation.

It is our understanding thatmany of the PublicVocational Schools have Cosmetology Departments,have compliedwith 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 PublicVocational Schools are eligible for licensure by the State Board of Hairdressers and Cosmetologists if such graduatesmeet the requirements of licensure as set forth by Section 4 of Article 73&b.

Section 5 ofArticle ‘&b pertains to the prerequisites of operatinga school of beauty culture, and, in addition, sets,forthcertain conditions and requirementswhich 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 studentwho 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 floorsspace, type of building, bond. .

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

requirement and number of licensed instructors shallnot apply to PublicVocational Schools." The above quoted provision found in Section 5(a) of Article 734b indicates that the CosmetologyDepartments 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 CosmetologyDepartments of PublicVocational Schools. Section 5(e) of Article 73&b allows schools of beauty culture to charge for work done by studentswhen such students have completed fifty per cent (50%)of the required~numberof instructionalhours set forth in Section 5(b) of Article 73&b.

The above quoted provisions of Section 5'(a) ofArticle 734b do not exempt PublicVocational Schools from the restrictions set forth in Section 5(e) of, Article 73&b, nor does Section 5(e) ofArticle 734b prohibit PublicVocational Schools from permittinga 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 Departmentof a PublicVocational School engaging in hair dressing, cosmetology, and manicuring upon the public,and there being a fee or compensation charged for suchwork by the schoolas long as the provisions of Section 5(e) of Article 734b are compliedwith.
SUMMARY There is no prohibitionagainst the students in a CosmetologyDepartment in a Public Vocational School engaging in hair dressing, cosmetology,and manicuring upon the public, and a fee or compensationbeing charged for suchwork 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

spatDailey AssistantMl

-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