OFFICE OF THE All-ORNEY GENERAL OF TEXAS
AUSTIN
Mrs. Ella.Mae Murphy, Member
State Board of Ffalrdressersand Cosmetologis
Austin, Texas
DearMadam
rprets same.to masn
presentationof pro-
to the holder of a
I i license held by said persbn
'~eoomes void a nd can no longer be renewedr and
should the holder of'same desire to work in
r Texas he ~I.11be required to 1takethe ,&ate
Board Examination to .secuma license.
"In other words cw~ interpretationis that
a person,granteda non-resident license at .thlstImeerr
must renew same on August31st,, 1943 and~recelve.
a 1943-43.lloenseand shoula the war termlnate~
prior ~toAugust 31str 1944, said ren&wal~llcense
would be void, and said licensee be required to
take the examination."
Mrs. l&a Mae Murphy, page 2
House Bill lI0.223, Acts of the 48th Legislature,
Regular Se&Son, 1943, reads as follows:
"H. B. No. 223
'AN ACT
"amendingSection 14, Chapter 116, House Bl&l No.
189, Acts of the Regular Session of the Forty-fourth
Legislature,so as to provide for the Issuance of
a Texas license to non-residenthairdressers and
cosmetologistsunder certain circumstancesfor a-.
set fee; providing for reciprocityof other States;
also amending Se&ion 18, Chapter 116, House Bill
lo. 189, Acts of the Regular Session of the Forty-
fourth Legislature,a8 amended by Section l,,Chapter
469, Rouse Bill No. 127, Acts of the Second Called .
~S~sslon of the Forty-fourthLegislature,providing
a renenal license shall be given to certalnpersona'.
under certain clroumstances;and declaringan emer-.
gency.
'B&T ENACTED BY &R IZ+ISIATURROF TRE STATE
OF-TEXAS:
"Section 1. Section 14, Chapter ,116, House
Bill Ho. 169, Acts of the Regular Session of the
Forty-fourthLegislature,is hereby amended so as
to read hereafter as follows:
~rSeatl.on 14. Bon-residenthairdressersor
cosmetologistsvi11 be granted a Texas 'license,which
upon compllanoewith all provisions of this Act shall
extend for the duration of the present war and nat-
ional emerge.n~~, upon presentationof an applica-
tion for a license which shall be accompaniedby a
health certificateas required of all applicants,
includinga Wassermann or other laboratorytests,
a license from any other State which is up to date,
and a fee of Ten Dollars ($lO), Provided that .the
requirementsof such other.State of an applicant
for examination shall be equal to and as stringent
as the requirementsof the State of Texas for an
applicant for examination,and providing that such
other State shall grant equal privileges to holders
Mrs. Ella Mae Murphy, page 3
of a Texas lS~enserl
"Sec. 2. Section 18, Chapter 116, House Bill
No. ltiv of the Regular Session of the Forty-
fourth Legislature,as amended by Section 1, Chap-
ter 469, House Bill No. 127, A&s of the Second Call-
ed Session of the Forty-fourthLegislature,is here-
by amended so as to hereafter read as follows:
s¶Section 18. 9he first certificateof regls-
tratlon and license shall be valid until August 3X,
1936. Thereafterno certificateor license shall be
issued for a longer period than one year and shall.
expire on the thirty-firstday of August of the year
for which they are issued unless renewed prior to
that date. The holder of an expired certificate or
license may have said certificateor license res-
.toredwithin one year after the date of expiration,
upon the payment of the required renewal fee and
satisfactoryproof of this or her qualificationsto
resume practice; however, the holder of a oertifi-
cate or license on or sinoe September, 1940, who
Is now serving as a member of the Armed Froces of
the United States.of America, the Armed Forces Re-
setie of.the United States of hterica, or as a mem-
'her of the Auxiliaries thereto, or who is doing
defende'work,:orhold.inga Civil Service appoint-
ment, shall be granted a renewal license upon the
payment of the required renewal fee without any
examination.~~~,jthin
one year after the following:
"'1; Hono&ble discharge from the Armed Forses
of the &zLted States of America; or from the Armed
Forces Rose&e of the United States of America; or
from any of the Auxiliaries thereto.
"'?
2. Release from Defense work,
"12. Release from Civil Service appointment.
"?M The annual license fee Por conducting
a beauty parlor shell be the sum of Five Dollars
($5)* provided, howseer, that in event any beauty
parlor is conducted and operated by one person only,
~Mrs.Ella Mae Murphy, page 4
then and In that event no fee shall be charged for
conducting such beauty parlor, but the operator
thereof shall be liable only for the Three-Dollar
annual registrationfee hereinafterprovided, and
the annual license fee for operators to work at the
trade or practice of beauty culture shall be the
sum of Three Dollars ($3) and the annual registra-
tion fee for manicurists shall be Two Dollars and
Fifty Cents ($2.50),and the annual registration
'fee for an Instructorshall be Ten Dollars ($10)
and the annual registrationfee.to conduct a beauty
school.shallbe One Hundred Dollars ($100).
“1b It is intended by this Act to levy and
collect4-rom the operator of any beauty parlor con-
ducted and operatedby one person only, no tax or
fee for examinationcharge in excess of thenThree-
Dollar fee hereinbeforeprovided, any other Section
of this Act to the contrary notwithstanding.
",: The establishmentof ltlnerant shops
is here
42 z..expresslyprohibited,and'lt shall be un-
lawful for any person; firm or corporationto oper-
ate a beauty shop as defined in this Act, unless the
same Is ,abona fide establishmentwith a permanent i
and definite location; Any license granted under
the terms of this Aot.shall permit the licensee to
practice in only such~bona fide establishedbeauty
shop; provided, however; that nothing in this Act
shall prohibit the removal or change of location.of
a beauty shop, provided such move or change Is made
in good faith with the Intention of definitely and
perm anently locating elsewhere;and provided that
nothing containedherein shall in anywise prevent-a
licensee from practicing in the homes of customers
if sald licensee works In a bona fide established
shop as defined In this Act, ProvlEdedfurther, that
nothing in this Act shall prohibit the establishment
of chain beauty shops which have a definite and per-
manent location and have compjled with all the other
terms of this law,'
"get. 2. The fact that at the~presenttime
there. 8 an urgent need for trainedhairdressersand
cesmetologistsin this State and the further fact
:
: _.
Mrs. Ella Mae Murphy, page 5
that many trained and qualifiedpersons holding li-
censes in other States are nov residing in Texas.
creates an emergencyand an imperativepublic neces-
sity requiring that the ConstitutionalRule which
requires a bill to be read on three several days 5.n
each House to be suspended,and such Rule is here-
by suspended,and this Act shall take effect from
and after Its passage, and It is so enacted."
After carefully consideringthe Act as a whole, it
Is our opinion that you have correctlyinterpreted the Act
under sonsideratlon; Therefore,it is our opinion that non-
resident hairdressersor cosmetologistswho are granted a:
1Mense under the provisions of Section 1 of the Act must
comply with Section 2 of bald Act Unnthe same manner and to
the same extent as any other person practicing hairdressing
or cosmetologyin this State who has been duly licensed to ~.
practice by examination2
Yours very truly
#'TORNEY GENERAL OG TEQIS
BY (9) Ardell Williams
As.slstant
AW:db:ff
APPROVH; JUM. 17, 1943 This opinion considered
(8) 'Gerald c. Mann landapproved in Limited
ATTORNEY CENRw OF TEXAS Conference ;