ATTOWMEY GENERAL
P
June 19,1970
Dr. George J. Beto Opinion No. M- 651
Director
Texas Department of Corrections Re: Whether the Texas Depart-
Huntsville, Texas 77340 ment of Correction5 mas
qualify for a license to
operate a barber school
Dear Dr. Beto: under Article 73&a, V.P.C.
You have requested the opinion of this office concerning
the above question. In connection with your request you have pro-
vided us with the following information:
"The Texas Department of Corrections is in
the final stages of planning for the establishment
of a Barber School on the Clemens Unit, located in
Brazoria County, Texas. This school has been au-
thorized by the Criminal Justice Council and funded
under the provisions of the Omnibus Crime Bill.
"The Texas Department of Corrections, in order
to comply with the above statute, has applied to the
State Board of Barber Examiners for a permit to
establish and operate a Barber School to train Inmates
as a part of the rehabilitation program.
"The Texas Department of Corrections has been
advised that a permit will not be issued since the
Texas Department of Corrections, a state agency, Is
not Included In the following: (a) Any firm, cor-
poration, partnership or person desiring to conduct
or operate a Barber School shall first obtain a
permit from the State Board of Barber Examiners.
. . .
"The Texas Department of Corrections will ad-
here to all provisions of the Law Governing the
Practice of Barbering, and will submit to the State
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Dr. George J. Beto, page 2 (M-651)
Board of Barber Examiners for prior approval all
plans and specifications.
"The Texas Department of Corrections respect-
fully requests an opinion from the Attorney General
regarding its application for a permit to establish
a Barber School.
Section g(a), Article 734a, Vernon's Penal Code, pro-
vides, in part, as follows:
"Any firm, corporation, partnership or person
deslring 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. . . .'
From the all-encompassing description of entities per-
mitted to operate barber schools contained in the foregoing Sec-
tion g(a), it is reasonable to conclude that the Legislature was
concerned with controlling the operation of such schools, rather
than limiting in any way the nature of the entity which owned
or managed the school. We would therefore appear to be required
to give a broad construction of the terms 'firm, corporation,
partnership or person" as used In the Texas Barber Law.
In 81 C.J.S. 857, States, Section 1, we find the
following statement:
"While viewed in Its aspect of a social unit
or of a governmental organization, a state has been
said to be a corporate body; strictly speaking, a
state is not a corporation within the meaning of
that term as used in various statutes. A State
has s:ometlmesbeen referred to as a person, or has
been held to be Included within the meaning of 'person';
but it has also been held that the State is not a 'person'
within the ordinary or legal definition of that word, and
that the term 'person' usually does not Include the State.n
From the foregoing statement, and citations made In support thereof,
It can be seen that there is a division of authority as to whether
the State, or a subdivision thereof, may properly be considered a
"person" within the meaning of a statute. In view of the clear
functions of public service which are incumbent upon both the
Texas Board of Barber Examiners and the Texas Department of
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. .
Dr. George J. Beto, page 3 (M-651)
Corrections, we are extremely reluctant to adopt an interpre-
tation of this particular statute that would have the effect
of foreclosing a State agency from the performance of any aspect
of its duty. For this reason, and for purposes of Article 734(a)
only, It is the view of this office that the Texas Department of
Corrections is a 'person', and thus entitled to make application
for a permit to conduct a barber school upon the premises of the
Department of Corrections to receive a license and operate a
school upon complying with the statutory requirements.
SUMMARY
The Texas Department of Corrections is authorized
to make application for a permit to conduct a barber
school under the provisions of Article 734(a), V.P.C.,
and to receive a license and operate a school, upon
complying with the statutoryflquirements.
eneral of Texas
Prepared by Malcolm L. Quick
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Fielding Early
Rex White
S. J. Aronson
Austin Bray
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WRITE
First Assistant
-3122-
Untitled Texas Attorney General Opinion
Combined Opinion