Untitled Texas Attorney General Opinion ( 1961 )

_ . ,- . THEA~ORNEYGENEECAL OF TEXAS WILL WILSON AX-TORNEY GENERAiL August 17, 1961 Honorable V. D. Housworth Executive Secretary State Board of Barber Examiners State Office Building Austin, Texas Opinion No. WW-lil6 Re: Whether an instructor now engaged as such In an ap- proved.barberschool and who holds a Class "A" as- sistant regis*er,edbarber certificate is eligible for a teacher's l~.censeon the effective date of House Bill 829, Acts of the 57th Legislature,Re ular Ses- sion, Chapter 287, page Dear Mr. Housworth: 601. You have requested an opinion concerning the ques- tion of: "In accordance with provisions covering the licensing of barber school teachers, as outlined in H.B. 829, 57th Legislature,Section 9, Article (f), subsections 1, 2 and 3, would an Instructor now engaged as such In one of the approved barber schools, but who holds only an As- sistant Class "A" license, be elial- bJe for a Teachers license, or for the examinationfor Teachers license, when the Law becomes effective on August 28, ig61?” House Bill 829, Acts of the 57th Legislature,Regu- lar Session, 1961, Chapter 287, page 601 amends Section 9 of Article 734a, Vernonts Pen&l Code, and FrOVideS it7 SLbSSCtiOn (f) thereof that: Honorable V. D. Housworth,page 2 (WW-111.6) . . Each school shall have at . least one (1) teacher who has a teacher's certificateissued by the Board upon examinationand who is capable and qualified to teach the curriculum outlined herein to the studtnts of such school. All such teachers are required to obtain a teacher's certificatefrom the Board and, in addition to requirementsset forth by the Board, must meet the requirements: fo110T8 Demonstratetheir ability to teach the said curriculumoutlined herein through a written and practical test to be given by the Board. '(2) m a current certificate a~ a registeredvClass A" barber under this Law. !m Demonstrate to,the Board that such applicant is qualified to teach and instruct, to be de.termined at the discretion of the Board, and show evidence that the applicant has had at least six (6) months experience as a teacher In an approved school or college In Texas or in another state approved by the Board, or have.com- pleted a six-monthpost graduate course as a teacher in an approved barber fjchoolor college in Texas. . . . All persons engaged In teach- ing In a barber school or college at the time this law becomes effective, and who shall have had at least six (6) months experienceas a teacher in a barber school or college in Texas and who is a 'class A' reaistered barber shall be exempt from such exam- ination to be given bu the Board If auah applicant-shall,-within sixty. (60) daysafter the date this law becomes effective, make application to the Board . . ." (Emphasis added) Since an Individualholding a 'IClassA” assistant registeredbarber certificate,pursuant to the provision of Section 8 of Article 734a, does not meet with the mandatory requirementIn Section 9 (f)(2) of Article Honorable V. D. Housworth, page 3 (NW-~116) 734a, that applicants for a teacher's certificate must: II . . . Hold a current certificate ai a registered 'Class A' barber . . . , we are of the opinion that an individual now engaged as an instructor or teacher in an approved tarber school or college and who holds only a Class A assistant registered barber certificate would not be eligible for a teacher's certificate or to take the examination or test therefor until he has first obtained his "Class A" registered barber certificate pursuant to the pro- visions of Section 7 of Article 734a. SlJ MM A RY A "Class A" assistant registered barber engaged as an Instructor in an approved barber school or college on the effective date of House Bill 829, would not be eligible for a teacher's certlfi- cate or to take the test therefor until such time as he has first obtained his "Class A" registered barber certificate. Yours very truly., WILL WILSON Attorney General of Texas PB:lgh APPROVED: OPINION COMMI'i"l'EE W. V. Geppert, Chairman Elmer McVey W. 0. Shultz, II Glenn R. Brown James H. Broadhurst REVIEWED FORTHE ATTCFfNEYGENERAL BY: Howard W. Mays