Untitled Texas Attorney General Opinion

Mrs. Bess Blackwell Opinion No. V-753
Executive Secretary
Board of Hairdressers Re: The eligibility of one who
and Cosmetologists has been convicted of a
Austin, Texas federal felony and served
a sentence in the federal
penitentiary to be licensed
to operate, a beauty school’
in Texas.
Dear Mrs. Blackwell:
Your request for an opinion is in part as follows:
“This Board respectfully requests an opin-
ion of your department as to whether or not under
the Texas Beauty Culture Law a person’who has
served a sentence in the federal penitentiary is
eligible to own and operate a beauty school in the
State of Texas.”
Section 17 of Article 734b. V.P.C., provides in part
as follows:
“The Board may either refuse to issue or
to renew, or may suspend, or revoke,. any certifi-
cate of registration or license, . . . for any one or
combination of the following causes:
“(a) Conviction of a felony shown by a cer-
tified copy of the record of the trial wherein the
conviction was held; . . .”
The rule of statutory construction applicable to
your request is found in 39 Tex. Jur. 37. which is as follows:
270
Mrs. Bess Blackwell, Page 2 (V-753)
“On the other hand, ‘may’ ordinarily connotes
discretion or permission: and it will not be treated
as a word of command unless there is something in
the context or subject-matter of the act to indicate
that it was used in that sense.”
The language used in Section 17, Article 734b connotes
discretion or permissiou on the part of the Board, and we find
nothing in the context of the Act which would indicate that the
Legislature intended the Act to be mandatory. Therefore, you
are advised that under the plain provisions of Article 734b. in the
case of a person who has been convicted of a felony, it is left
solely to the discretion of the Board under Section 17 as to whey
ther it will issue’or refuse to issue a license because of the con-
viction. Attorney General’s Cpinion No. O-2359 is hereby over-
ruled.
SUMMARY
Whether the Board of Hairdressers and Cos-
metologiste will issue or refu6e to issue a license
to operate a beauty school in Texas to a person
convicted of a felony is left to the discretion of the
Board. Section 17 of Article 734b. V.P.C.
Yours very truly.
ATTORNEY GENERALOF TEXAS
By A?Ikee?
Assistant
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APPROVED:
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ATTORNEYGENERAL