November 28, 1961
Honorable V. D. Housworth
Executive Director
State Board of Barber Examiners
State Office Building
Austin, Texas Opinion No. WW-1202
Re: Construction of Section
9 (f) of the Texas
Barber Law regarding
the "five years expe-
rience" provision.
Dear Mr. Housworth:
Your recent opinion request propounds the
following questions:
"We would like clarification on whether
of not the five years experience must be had
under a Registered Class "A" license, or If
it could be a combination of practice as an
Assistant barber license, and a Registered
Class "A" license.
"Would the five years experience as a
practicing barber have to be had in Texas,
or could experience as a licensed practicing
barber in another state be accepted?"
Section 9 (f) of Article 73&a Vernon's Penal
Code added to House Bill No. 829, 57th Legislature, Regular
Session, Chapter 287 page 602 reads in part as follows:
"No barber school or college which issues
tClass Al certificates shall be approved by the
Board unless it is under the direct supervision
and control of a barber who holds a current
registered 'Class At certificate to practice
barbering under the Texas Barber Law, and who
can show evidence of at least five (5) xears
experience as a practicing barber . . .
Honorable V. D. Housworth, page 2 (WW-1202)
We believe that the answer to your first question
is found in Section 4 of Article 734a, Vernon's Penal
Code, which reads in part as follows:
". . .the practice of barbering Is hereby
defined to be the following practices for hire
or reward . . ."
(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 massages,
or applications or oils, creams, lotions, or
other nreparatlons, either by hand or electrical
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."
It Is apparent that one with an assistant barber
license may perform the acts enumerated in Section 4.
Section 5 of Article 734, Vernon's Penal Code specifically
authorizes assistant barbers to do the acts constituting
the practice of barbering under the Immediate supervision
of a registered barber. The fact that an assistant barber
must practice under the immediate supervision of a regis-
tered barber does not, in our view, prevent such experience
from satisfying the five (5) year experience requirement
of Section 9 (f).
In connection with your second question, it is
our opinion that our-of-state barbering experience, as
defined by Section 4 of the Texas Barber Law, may be applied
to satisfy the five (5) year barber experience requirement
in question. Our reason for this view is simply that there
is no indication in Section 9 (f) that the Texas Legislature
intended to require that the experience requirement in
Honorable V. D. Housworth, page 3 (WW-1202)
question be satisfied only by experience acquired in Texas.
SUMMARY
Barber experience had under an assistant
barber license may be applied to satisfy the
five (5) year experience requirement in question.
Out-of-state experience as a practicing barber
may be applied to the satisfaction of said
requirements.
Very truly yours,
WILL WILSON
Attorney General of Texas
By Joe B. McMaster
Assistant
JBMcM:kh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Gordon Cass
Jack Pr'ce
Norman Suarez
Riley Eugene Fletcher
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee