Untitled Texas Attorney General Opinion ( 1962 )

. . 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 bar- ber school fee upon drawing up new con- tracts 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 Legis- lature, 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.onductor operate a barber sc.h.001 or college in this State shall first ob- tain 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.le73&a makes the obtaining of a permit from the State Board of Barber Examiners a pre- requisite to a firm, corporation, partnership or person op- erating or conducting a barber school or college, we are of the opinion that upon a c,hangein ownership of a barber schocl or college and regardless of whether the location of the bar- ber 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.onductand operate such barber school or college. Such new owner or owners of the barber school or college would in turn have to meet the var- ious requirements of Section 9 of Article 734a which would include the requirement contained in Section g(h)(7) of Ar- ticle 734a of submitting an application fee to the State Board of Barber Examiners in the amount of Two Hundred ($200.00) Dollars. As to your q,uestionof whether a new application must be made, including the Two Hundred ($200.00) Dollars appllca- tion fee, when a barber college or sc,hoolchanges its location but not i.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.arapplication fee must be submitted to the State Board of Barber Examiners in connec- tion 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.