. . 

E ORNEY GENERAL 

OF -XAS 

February 9, 1962 

Honorable V. D. Housworth Opinion No. w-1256 

Executive Secretary 

State Board of Barber Examiners Re: When a barber school 

Austin, Texas changes ownership but 

the school remains in 

the same location, 

would this necessitate 

the deposit of the 

$200.00 original barber 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: 

"According to 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 

original barber 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 

original barber school fee?" 

While Section g(i) of Article 73&a, Vernon's Penal 

Code, as amended by House Bill 829, Acts of the 57th Legislature, Regular Session, 1961, Chapter 287, page 601, merely 

provides in connection with the change of ownership of a 

barber school or college that: 

"When a barber school or college changes 

ownership, the Board shall be notified of the 

transfer within ten (10) days from the date of 

such change.", 
Honorable V. D. Housworth, page 2 (W-1256) 

Section g(a) of Article 734 a, as amended by 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 State Board of Barber 

Examiners after demonstrating that said school 

or college has first met the requirements of 

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 conducting a barber school or college, we are of 

the opinion that upon a c,hange in ownership of a barber schocl 

or college and regardless of whether the location of the barber college or school is changed, the new owner or owners of 

the barber college or school must meet the requirement of 

Section g(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 college would in turn have to meet the various requirements of Section 9 of Article 734a which would 

include the requirement contained in Section g(h)(7) of Article 734a of submitting an 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 application must 

tion fee, 

including the Two Hundred ($200.00) Dollars appllcabut not i 

when a barber college or sc,hool changes its location 

.ts ownership, we are of the opinion that it would not 

be necessary to make application for another permit to operate 

or conduct a barber college or school under these circumstances, 

but it would be necessary, pursuant to Section g(j) of Article 

73&a, as amended by House Bill 829, that: 

"Any school or college desiring to change 

the location of such school or college must first 

obtain approval by the Board by showing that the 

proposed location meets the requirements of this 

Sec,tion. " 

SUMMARY 

A change In ownership of a barber school or 

college would 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 State Board of Barber Examiners in connection I-herewith. 
Honorable V. 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 submitting of 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: Houghton Brownlee, Jr.