EATTORNEY GENERAL TEXAS PRICE DANIEL ATTORNEYGENERAL October 30, 1948 Mrs. Bess Blackwell Opinion Ro, V-708 Executive Secretary Board of Hairdressers & Re: The authority of the Cosmetologists State Board of Rair- Austin, Texas &-es.sersand Cosme- tologists to renev licenses upon applloa- tlon after the expira- tion date without meet- ing the requirements which apply to new ap- plicants, Dear Mrs. Blackwell: Reference is made to youp pacent request vhich A. reads, In part, as follows: "The Board would like to know if a shop OP school license which expired on August 3lst due to the fact that the li- censee failed to send in said license prior to that date can be renewed by this depart- ment, or will it be necessary for said li- censee to apply and meet all Pequipements of a new shop or school, as the case Fay be, before the license can be Issued. The pertinent portion of Apt. 734b, V, P. C., as originally enacted by the 44th Legislature, 1935, R. S .,,is as follows: "Sec. 18, The first certificate of registrationand Zicense shall be valid until August 31, 1936. Thereafter no cer- tificate or license shall be issued for a longer period than one (1) gear end shall expire on the 3lst day of August, of the yeap for which they ape issued unless Fe- neued prior to that date. The holder of an expiped certificate or license may have said certificate OP license restored with- in one (1) year after the date of explra- HI-B.BestiBlackwell; page 2 (V-708) . tion, upon the payment of the poquiped PO- neval fee aud satisfactory proof of his OP @er qualificationsto Peaume practice. *.:" The al& s&&on was amei&d by~the 48th,Reg- ;;;oz;sion of.LeglslatuPe, 19?3i,to Pead, in prrt, as "Section 18. The flpst CePtlfiorte of P&istPatlon a@ lic&~e shall be va- lid until August 31, 1936. Thepeaftepno certificste OP license shall be issued for a longer period than ape rear aad shall expire on the thirty-firstday of August of the yeas for which they are ,issuedun- less renewed. p~loc td that date. 'fhohold- 9~ of an expired oortlficateOP lioease may have said certificateor license pestered vlthir one yea??after the date of explrr- Won, upen the payment of'the PequSrel Pe- eeUa1 fee &nd satis,factoPyproof of his OP her qualificationste resum~,pr~otlce; e .* It will be noted that the oPiglna1 Act as veil as the above quoted amendment provided that the holder~of an expired certificate -. or license may have same restored vlthln one year after the date of expiration upon the pay- ment of the required reheval fee and satisfactory proof of his OF her qualifications to Pesume practice, HoweveP, the 50th Legislature, R. S. 1947, uend- ed APticls 734(b) V. P. C, and Section l&(a) reads as fol- 1evs: "Sea. 14 (a) go certlfloate 0P license shall be issued for a longer period thau one (1) yeaP, and shall expire on the thirty- first (ret) day of August of the ysa~ SOP . which it Is issued unless renewed p19.o~to that date. A licensed InstruotoP, ousrrtor OT license restored by making proper appli- cation to,the Borrd, supported by his OF her per&tonalrffLdavit,strtlng the reaeon8, vhlch in the oplnlon of the porrd, vi11 excuse the applicaut for having failed to POXWV his OP her certificatewithin the tlre,requirod )y Mrs. Bess Blackvell, page 3 (V-708) this Act, a reinstatement fee of Five ($5,80) Dollars being required theraaftw,’ (Rnphasls added) Section 9, Subset.(e) provides as follows: “(e) Any person within the ppovislons of this Act having, at the effective date thereof, a valid certificate OP license from the State Board of Hairtiessezw and Cosmetologists shall be exempt from the ex- aminations required by this Section of this Act, but such oerson shall be reauired to pay-all the fees and have such c&tlflcate or license Peneved. as provided in this Act&” 1 Emphasis added) Section 21, Subsection 2 provides that all sections and parts of the original Act of 1935 and all amendments thereto not amended by this Act we here- by repealed. In determining vhethep the provisions of a statute are mendatory OP directory we may look to pre- vious statutes dealing with the ssme subject matter in order to ascertain the legislative Intent. In this con- nection it will be noted that the original Act as well as the 1943 amendment thereto provided that an expired licease OP certificate could be renewed within a year from the expipatlon date without the licensee taking an examination, upon payment of the Pequired fee, However, when the 50th Legislature amended the Act in question, no such provision is made in pegapd to elthep beauty cul- ture school OF shopsb Further Section lb(a) of said Act does provide fop the Feneval of the expired license of an instructor, opepator OP manlcwlst within thirty days from the date of expiration and not later. Since the previous statutes provided that all expired licenses OP certificates could be renewed within a year from the date of expiration and the present statute provides that only those licenses of instpuotors, operators or manicurists may be renewed, it is believed that that portion of Article 734b, Section 14 (a), V, P. C. PO- latlve to the renewal of licenses OP certificates is mandatory. In Vol, 3, page 107, Sutherland Statutory Con- struction, we find8 “. Mrs. Bess Blackwell, page 4 (V-708) "Aa a gempal aposition, the rule with rbspeot to ster utory direotlona to i8- dividuals is the opposite of thrt which ob- t&ins with respect tb public bfflcero. &en 8 statute directs things to be done by 8 pivete perron within a specified time, and makes his ~1 ts dependent on propb~ perfop- mce there0RF uhless the failure te pba+em ii3tir6 Uy 1ijUrS thb ~UbilO 0~ iZId.iVidWIxL?, t&s strtate 19 IPaAdatimy. albre UI todivl- I&l41 iS tbr Q8MQll XN3t 8trlCt;t COPpl~i~, h6 has no g2Wmbs fop compl,aint. Therefore,~in view of the foregoing, It I.8'mar ap%nion that, si``cea beauty shep 0~ beauty sak~01 lL- sense e~plres OR August 3lst by Fe&son of the failure of the Licensee to renew same p~lor to such d&to, it will be nbcessary for said llcenase'to make applloatlon and meet 811 the rbquireaents bb an orIgina ampllcant. lf&mre8 beauty shop or.beauty rohook &iCbASO d iPO8 OA hU@i#lt 3lllet by CO-ha bf the SsL'ure T af the lioeasee te camw MP to such d&e, it Will $0 A+OOS- xtx or tarid lloeasee to make applioatlen md meet all ~oquirbab~ 8 es UJ.ori In11 8Q~liCWkt e Artiole 734 Sea. 14fa), v. r, c. Year8 very truly, ATToR00Y QBHW'UL OF TEXAS