Opinion No.

Mr. Ron Resech Executive Director Texas Cosmetology Commission 1111 Rio Grande Austin, Texas

Re: Whether use of a depilation machine is subject to regulation by the Texas Cosmetology Commission.

Dear Mr. Resech:

You have requested our opinion concerning whether the use of a depilatron machine is subject to regulation by the Texas Cosmetology Commission. You explain that a depilatron machine is a device for the removal of hair by use of a pair of tweezers which carry an electric current.

Article 8451a, V.T.C.S., provides for regulation by the Cosmetology Commission of the removal of `superfluous hair from the body by use of depilatories or tweezers.' Sec. 1(3)(c). See Attorney General Opinion M-1270 (1972). Since the statute makes no distinction between mechanical and electric tweezers, the use of a depilatron machine is within the regulatory jurisdiction of the Texas Cosmetology Commission.

SUMMARY The use of a depilatron machine is within the regulatory jurisdiction of the Texas Cosmetology Commission.

Very truly yours,

John L. Hill Attorney General of Texas

Approved:

David M. Kendall First Assistant

C. Robert Heath Chairman Opinion Committee