. .

GENERAL E ORNEY

OF -XAS

February 9, 1962

HonorableV. D. Housworth OpinionNo. w-1256 Executive Secretary State Board of Barber Examiners Re: When a barber school Austin, Texas changes ownershipbut the school remains in the same location, would this necessitate the deposit of the $200.00 originalbarber school fee upon drawing up new contracts and issuing the new school license Dear Mr. Housworth: and related questions.

You have requested an opinion from this office upon the following questions:

"Accordingto the provisions for licensing barber colleges, as provided In Section 9 of H.B. 829, when a barber school changes ownership, but the school remains In the same location, would this necessitate the deposit of the $200.00 originalbarber school fee upon drawing up new contracts and issuing the new school license?"
"In the same light, if the ownership of a school remains the same,but the location of the school is changed,making It necessary for a new approval,.

new contracts,and new license,would this necessitate the deposit of the $200.00 originalbarber school fee?" While Sectiong(i) of Article 73&a, Vernon's Penal Code, as amendedby House Bill 829, Acts of the 57th Legislature, Regular Session, 1961, Chapter 287, page 601, merely provides in connectionwith the change of ownership of a barber school or college that:

"Whena barber school or college changes ownership, the Board shallbe notified of the transferwithin ten (10)days from the date of such change.",HonorableV. D. Housworth,page 2 (W-1256)

Sectiong(a) of Article 734a, as amendedby House Bill 829 provides that:

"Any firm, corporation,partnership or person desiring to c.onduct or operate a barber sc.h.001

or college in this State shall first obtain a permit from the StateBoard of Barber Examiners after demonstratingthat said school or collegehas firstmet the requirementsof this Section.

. . .II
As Section 9(a) of Artic.le 73&a makes the obtaining of a permit from the State Board of Barber Examiners a prerequisite to a firm, corporation,partnership or person operating or conductinga barber school or college,we are of the opinion that upon a c,hangein ownership of a barber schocl or college and regardless ofwhether the location of the barber college or school is changed, the new owner or owners of the barber college or schoolmust meet the requirement of Sectiong(a) of Article 734a by obtaining a permit from the State Board of Barber Examiners to c.onduct and operate such barber school or college. Such new owner or owners of the barber school or collegewould in turnhave to meet the various requirements of Section 9 of Article 734a which would include the requirement contained in Sectiong(h)(7) of Article 734a of submittingan application fee to the State Board of Barber Examiners in the amount of Two Hundred ($200.00) Dollars.

be made, As to your q,uestion of whether a new applicationmust tion fee,including the Two Hundred ($200.00)Dollars appllcabut not i when a barber college or sc,hool changes its location .tsownership,we are of the opinion that itwould not be necessary to make application for another permit to operate or conduct a barber college or schoolunder these circumstances, but itwould be necessary,pursuant to Section g(j) of Article 73&a, as amendedby House Bill 829, that:

"Any school or collegedesiring to change the location of such school or collegemust first obtain approvalby the Board by showing that the proposed locationmeets the requirementsof this Sec,tion.

"

SUMMARY
A change In ownership of a barber school or collegewould necessitate the new owner or owners making application to the State Board of Barber Examiners for a permit to operate or conduct such barber school or college, and the Two Hundred ($200.00)Doll.ar

application fee must be submitted to the StateBoard of Barber Examiners in connection I-herewith.HonorableV. D. Housworth,page 3 (W-1256)

A change In location of a barber school or college,without a change In ownership,would not necessitate the obtaining of an additional permit from the State Board of Barber Examiners, nor the submittingof the Two Hundred ($200.00) Dollar application fee. Yours very truly,
WILL WILSON Attorney General of Texas

By Pat Bailey Assistant PB:dhd

APPROVED: OPINION COMMITTEE W. V. Geppert, Chalrman Joe Osborn Robert T. Lewis Grady Chandler W. 0. Shultz
REVIEWED FOR THE ATTORNEY GENERAL BY: HoughtonBrownlee, Jr.