Untitled Texas Attorney General Opinion ( 1961 )

E %-EXBlR!N.ETt GENE-I. OF TEXAS Aus~liu =z.TExas September 8, 1961 Mr. V. D. Hsusworth Opinion No. ``-1.138 Executive Secretary State Board of Barber Re: Whether barber schools, Examiners which were in operaticrl Austin, Texas upon the effective date of the amendment by the 57th Legislature of Sec- tion 9 of the Texas Bar- ber Law, are required to pay the $200.00 applica- tion fee for a license Dear Mr. Housworth: to operate such school. Y.ouhave requested ar:opinion fr~tri ,t;hi,s c.Ft'ice on the question of: "In the light of amendments made to Section 9 of the Texas Barber Law by the 5'7thLegislature, would barber schools in operatio,rl at the time the amendments beeams effective, be required to pay the $203.00 application fee for a license ,to operate their schools?" Prior to the amendment of Section 9 of Article 734a, Vernon's Penal Code, by virtue of House Bi1,l829, Acts of the 57th Legislature, Regular Session, 1961, Chap,ter267, page 6~1, such Section read in part Eisfollows: "Any f~irm,corporation or person desiring to conduct or operate a barber school or college in this stake shall first obtain from the Board of Barber Examiners a permit to do so, and shall keep the same prominently displayed. . . .' While the provisions of Section $4of Articie 734a, prior to the amendmen~tsmade by House Bill 829, further pro- vided for the ne'cessarynumber of hours of instruction as a pre-requisite for graduation from a barber school or college, and in addition set forth certain subjects which must be in- cluded in the instruction of students, there was a complete lack of any provisrons authorizing the Eioardof Barber Ex- aminers to charge a fee in connection with the issuar.ceof permits to barber schooi~sor colleges or provisions concern- ing the renewal of permits which had been issued to barber colleges or schools. Mr. V. D. Housworth, page 2 (WW-1138) House Bill 829 amends Section 9 of Article 73&a, and provides in Subsection (a) thereof that: "& firm, corporation, partnership 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 demonstrating that said school or college has first met the requirements of this section. . . .ll (Emphasis added) The amendment made to Section 9 of Article 734a spe- cifies that "any firm, corporation, partnership or person de- siring to conduct or operate a barber school or college," and this would seem to clearly Include existing barber schools and colleges, and they must obtain a permit from the Board of Barber Examiners and to obtain such permit the requirements of Section 9 of Article 73&a, as amended by Houee Bill 829, must be met. Section 9 of Article 734a, as amended by House Bill 829, specifies the requirements which must be met by barber schools or colleges prior to their obtaining a permit from the Board of Barber Examiners. In addition to such requirements as the necessary number of hours of instruction as a pre-requi- site for graduation from a barber school or college and certain subjects which must be included in the instruction of students, as were provided for in Section 9 of Article 73&a prior to the amendments by House Bill 829, the amendments to Section 9 of Article 734a by House Bill 829 set forth additional require- ments which must now be met prior to the issuance of a permit by the Board of Barber Examiners to a barber school or college. One of such additional requirements is found in Sub- section (h) of Section 9 of Article 73&a, as amended by House Bill 829 which provides that: "(h) No barber school or college shall be issued a permit to operate under the provisions of this Section until it has first furnished the following evidence to the Board: 11 . . . “(7 An application fee of Two Hundred Dollars ($200.001. "No such school or college shall be operated and no students shall be solicited or enrolled by it until the Board shall determine that the school has been set up and established in accordance Mr. V. D. Housworth, page 3 (W-1138) with this Sectfon and the proposal submitted to the Board and approved by ft prior to the issuance of a permft. Any such school or college must ob- tain renewal of its certificate by September 1st each year by the payment of an annual renewal fee of One Hundred Dollars ($lOO.OO)." Since the provisions of Section g(a) of Article 73&a, as amended by House Bill 829, specify that the requirements of Section 9 of Article 73&a, as amended by House Bill 829, must be met by "any firm, corporation, partnership or person desiring to conduct or operate a barber school or college in this state, and since the provisions of Section j(h) of Article 73&a, as amended by House Bill 829, specify that no permit shall be is- sued until an application fee of Two Hundred Dollars ($200.00) is submitted to the Board of Barber Examiners, we are of the opinion that after the effective date of House Bill 829 all barber colleges or schools desiring to operate in the State of Texas must obtain a permit from the Board of Earber Examiners and as one of the pre-requisites thereto must submit the ap- plication fee of Two Hundred Dollars ($200.00) provided for in Section g(h) of Article 73&a. Thereafter, such permits may be renewed annually by the payment of the One Hundred Dollar ($100.00) renewal fee set forth in Section g(h) of Article 73&a. While Section 4 of House Bill 829 provides that: "Persons to whom certificates of registration have been issued or who had made application for regfstration and paid the fee therefor berore the effective date of this Act shall not be required to pay any additional amount for the curren~treg- istration period on account of the increase in fees made by this Act.", we are of the opfnion that such provision does not bear upon the question at hand since the "certiffcates of registratfon" referred to in Section 4 of House Bill 829 pertain to those certificates or licenses issued to barbers pursuant to Section 7 and Section 8 of Article 73&a. SUMMARY Barber schools or colleges in operation on the effective date of House Bill 829 are required - Mr. V. D. Housworth, page 4 (WW-1138) to pay the Two Hundred Dollar $200.00) applica- tion fee required by Section 9 Ih) of Article 73&a, Vernon's Penal Code, to operate such school or college. Yours very truly, WILL WILSON Attorney General of Texas Pat Bailey Assistant PB:dhs APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joe A. Osborn William E. Allen Sam Wilson Robert T. Lewis REVIEWED FOR THE ATTORNEY GENERAL BY: Howard W. Mays