Untitled Texas Attorney General Opinion

WILL WILSON AITORNEYGENERAI. August 29, 1962 Honorable V. D. Housworth Executive Secretary State Board of Barber Examiners 512 State Office Building Austin, Texas Opinion No. WW-1430 Re: Whether students in a barber school may be compensated for services performed by them Dear Mr. Housworth: while in school. Your recent request for opinion on the above caption- ed subject informs us that a'barber school operating within this State charges a nominal fee for services performed by their students, which fee ordinarily covers the costs of main- tenance of the school. You inform us that this is an accepted practice, but that the school in question is paying the student barbers a certain commission on the services performed by them, hence this request for opinion. Article 734a of Vernon's Penal Code states in part as follows: "Section 1. It shall be unlawful for any person to engage in the practice or attempt to practice barbering in the State of Texas without a certificate of registra- tion as a registered barber issued pursuant to the orovlsions of this Act. bv the Board of Barber Examiners hereinaftkkeated. "Sec. 2. It shall be unlawful for any person to serve or attempt to serve as an assistant barber under a registered barber within the State of Texas without a certifi- cate of registration as a registered assist- ant barber, issued by the Board herein pro- vided for. II . . . Honorable V. D. Housworth, page 2. (WW-1430) “Sec. 4. Barber shop, as defined herein, shall mean any place where barbering is nrac- ticed in this-State, and the practice of‘bar- bering is hereby defined to be the following practices for hire or reward when not done in the practice of medicine, surgery, osteopathy or necessary treatments of healing the body by one authorized by law to do so; "(a) Shaving or trimming the beard or cutting the hair. "(b) By giving any of the following treatments by any person engaged in shaving or trimming the beard and/or cutting the hair; "(1) Giving facial and scalp messages, or applications of oils, creams, lotions, or other preparations, either by hand or electri- cal appliances; "(2) Singeing, shampooing, or dyeing the hair or applying hair tonics; “(3) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or that part of the body above the shoulders. 11 . . . . 6. It shall be:,unlawfulfor any '"Se.c person to follow the occupation of cutting hair, or practice as a haircutter in any beauty shop or hair dressing parlor or else- where for hire as hereinbefore provided un- less excepted by this Act, unless such person shall have first obtained a Certificate, as herein provided, which certificate shall auth- orize the cutting of hair only in such parlor or establishment where such haircutting is for hire or reward. . . ." (Emphasis added) In regard to student barbers enrolled in a barber school, we quote as follows from Section 9 of Article 734a: "(d) Anything to the contrary in this Act notwithstanding, each such school shall place a sign on the front outside portion of its Honorable V. D. Housworth, page 3. (ww-1430) building in a prominent place. Such sign shall read 'BARBER SCHOOL--STUDENT BARBERS,' and shall be a minimum size of ten-inch block letters. Printed signs containing the foregoing information shall be prominent- ly displayed upon each inside wall of the establishment u,,.\n lllinimum ti - of five (5) one-hour \GJ periods of each week shall be devoted to the instruction of theory in the classroom with Saturdays being devoted exclusively to practical work over the chair. An attendance record book must be maintained by the school showing a record of the students' daily at- tendance. These records are subject to in- spection at any and all times by the Board." (Emphasis added) As we construe the Texas Barber Law, the legisla- tive intent of the statutes governing the establishment and operation of barber schools is that a prospective barber is required to complete a prescribed course of study in a school before he may be issued a certificate of registration. Part of his education as a student is devoted to "practical work over the chair," with which work you are concerned. We con- strue this practical work as an instrumental part of the student's education, and find no authority allowing such student barbers to "practice for hire or reward" when they do not hold a valid certificate of registration. SUMMARY Students in a barber school, who are completing their prescribed course of study, may not be com- pensated or paid a commission on Honorable V. D. Housworth, page 4. (ww-1430) services performed by them while in school. Yours very truly, WILL WILSON Attorney General of Texas By&l/+4 ed D. Ward FDW:wb:zt Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Robert Rowland Joe Osborn Dwain Erwin REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore