Untitled Texas Attorney General Opinion ( 1961 )

E A%TOWNEW GENE OF -XAS October 11, 1961 Honorable V. D. Housworth Opinion No. ‘~-1164 Executive Secretary State Board of Barber Re: Effect of House Bill No. 829, Examiners 57th Leg., R.S., amending Austin. Texas Sec. 9 of Article 7342, Ver- non's Penal Code, as tb a student enrolled in an ap- proved barber school, whose schooling was interrupted and who later re-enrolls to Dear Mr. Housworth: complete his course. Your request for an opinion regarding House Bill No. 829of the 57th Legislature, amending Section 9 of Article 734a, Vernon's Penal Code, is as follows: "If a student who was enrolled in one of the approved barber schools before amendments to Sec- tion 9 became effective, butwho was interrupted either before or after August 28th, and subsequently re-enrolls in a barber school to complete his course, will he be required to go an additional month with the additional 200 hours; or will he come unde:rthe six month-l,000 hour requirement?" The answer to this problem requires a consideration of House Bill 829of the 57th Legislature, amending S'ection9 of Article 73&a, Vernon's Penal Code, !lGhich follows in part: "Section g(a). Any firm, corporation, part- nership or person desiring to conduct or operate a barber school or college in this state shall first obtain a permit from the State Board of Barber Examiners after demonostrating that said school or college has first met the requirements of this Section. Said permit shall be prominently displayed at all times at such school or college. No such school or college shall be approved unless such school or college requires as a prerequisite to graduation a course of instruction of not less than twelve hundred (1200) hours, to be completed within a period of not less than seven (7) months for a 'Class Al certificate and not less than one Honorable V. D. Housworth, page 2 (Wd-116&) thousand (1000) hours, to be completed within a period of not less than six (6) months for a 'Class BI certificate; and no certificate or permit shall be issued as provided for herein to an applicant to be a student in such a school or college unless said applicant demonstrates his or her ability to read intelligently and write clearly the English language determined by an exanination conducted by the school or college." The gist of your inquiry deals directly v:iththe effect on the student seeking a "Class A" permit under the statute. In Tex.Jur., Vol. 27, at page 870, we read: "Construction. - In construing a license law, a Court will seek to ascertain and give effect to the legislative intent. Every part of the act will be considered, so as to make all parts har- m37ize if practicable, and give a sensible effect co'eaci ." Conseauently, it is necessary to further examine %ections and 8 of Article 73&a, Vernon's Penal Code, re- 7 lating to the qualifications of an applicant for a barber certificate, which read as follows: "Section 7. Any person is aualified to receive a certificate of registration to practice barbering: o is oualified under the provisions of Secti``)8W~f this .2ot (b) \!hois at'lekst eighteen (18) years of age and who has practiced as an assistant barber under authority of a certificate issued by the Board of Barber Examiners, as such, for at least eight::? i$l.~)imonths. c of good moral character and tem- perate habits; and (d) !:hohas passed a satisfactory examination conducted by the Eoard to determine his fitness for practicing barbering. . . , "Section 8. Any person is qualified toreceive a certificate of registration as a registered assist- ant barber: (a) Nho is at least sixteen and one-half years of age; and Honorable V. D. Housworth, page 3 (~1-1164) (b) Who is of good moral character and temperate habits; and (c) Who has graduated from a school of barbering approved by tne Board; and (d) Who has passed a satisfactory examination conducted by the Board to determine his fitness to practice as a registered assistant barber.” Thus, as you can see from reading the above statutes together, a person to be registered as a barber must have pradu- ated from a school of barbering approved by the Board, among ZlEr requirements. There are no cases or opinions of the At- torney General dealing with this specific question relative to barbers, but we find similar problems having arisen In other trade or profession licensing. For example, in Attorney Gen- eral’s Opinion No. O-2975 (1940), the inquiry covered a stat- utory change in the medical school requirements. The opinion held that it was the date of eaduation that was important. Further, in construing that statute,as to the licensing of one In the medical profession, which Is similar in wording to the one here under consideration, the Attorney General in opinion No, O-2930 (1940) stated: “Under the express provision of the law (both before and after amendment) the Board cannot lawfully examine one who graduated from a medical school which was not a ‘reputable medical school.’ Obviously, the character of the school at the time the applicant at- tended and graduated therefrom controls.” Similar oplnions as to similar problems may be found Mn;ega;d to the Cosmetologists. (See Attorney General’s Opin- . o-4057 (1941) and O-1764 (1939J.l We think it Is equally clear that a student seeking a !‘Class A” permit who re-enrolls subsequent to August 28, 1961* In a barber school should be bound under the twelve hundred (1200) hour seven (7) month requirement of amended Seotlon 9 of Article 734a, since to be qualified to be registered he must have graduated from a school of barbering approved by the Eoard . . Further, since it Is necessary for a school to require twelve hundred (1200) hours and seven (7) months for graduation sub- sequent to that date to be approved by the Board, so must the student fulfill this requirement to be graduated from an ap- proved school as requlred~by the statute. This would apply-to a ‘!Class B” permit itudent also except, of course, tne requlre- ;zn;h;nder “Class B Is one thousand (1000) hours and six (6) . Honcj?able V. D. iious:Jor:h, page 4 (NW-li64) Of course, a EC;KXI~in which the student re-enroile .is completed grior to h-is opintcn No. O-2279 (@{.c:).! p student whost 3cl~oolity3 was intsrmpted, and who re-enroils 5.~3?. barber scWoc1. subsequent to Azgust 28, 1961, ".E bcumd ilnder the ar;zxCied ho'*lru ~3% tine reqci?%:-znt of House'Si. &g, codL:?ied 23 Secticn ga, Article 734a,.Vernaafs .. Ccnai Code. Yours very fruljr, ,,:'~.*;. WILL WILSOK i. Attcrne?? General of Texas.