OFFICE OF TiiE ATTORNEY GENERAL OF TEXAS
AUSTIN
-C.-
*--
state Board of ihfrdraesere and 0Xl!W3tO1~&i
Litt~efleld Bu1l.d~
Auatln, ‘iexasi \
Dear Mad8l8: Attentions
e Board of Co~tolo~
dated b&d%’ and wmsiderad by thfn
dqartment. Wi
of the State of 2cota8
th, end Brs. Stone’8
ed to the SEerrateior
ha8 not been Isubnlltted
as of thla date. Therefore, I should like
to have an opinion Srom your Deepaptmtant a8
to nhether or not maa Mona irr qoallflsd
at thi8 tiw to bald 0srf0+3 as a msmber of
the state Board of CosnKitology.
392
State Board of Ralrdra8ser8 and Cosm8tolo~lrts, Page 2
“AHiole 734-b, Seotion 4 of the Rsvieed
Civil Statutes of Texas prescribed the qualffl-
cations of mtmbemr of the State Board of Coame-
tology, and the term for vhlch they shall hold
OPilCS . It also sets forth thnt each member of
ths Board shall ssrve Tar a term ot six ysars,
or until hln or her successor 18 appoInted and
quallfled. The fact la that Mrs. Stone, being
appointed to fill an unexplrsd torm and bavlng
qualified and taken the oath of offloe, but
vhoae name vaa not submitted to the Senate with-
in ten days after the Senate oonvened, as re-
q,ulred by ths TOXBSConstitution, doss not knou
whether to continue to serve until her successor
18 duly appofnted and confirmed, or that by
virtue of the Conatltutlonal provision, '&oh
sets forth that ths CIovornorshall submit vlth-
in ten days the zmmes of his appointeea to fill
vacanaies on State Boards, vould control."
Section 4 of Article 73bb of Vernon*s Penal Code pro-
vides as follovsc
"Sea. 4. There is hereby areated a Stats
Board of Bairdrssse 8 and Cosaetologlsts aon-
slating of three (3 f tadbers, saah ot vhom
aball be a balrdresrer or comaetolo let, as
definsd in thtr Aat, with&i Wty s 30) d&y6
after this Aot e&all become effeatlve, the
Cfovsrnor shall appoint the members OS’such
Board ntah members abnll be at least twenty-
rive I 25) year8 of age and shall have had at
least five (5) years praotical eqxwlence In
the majority of the praotloeo of halrdresofng
or aosnmtology in Texas an4 &all be a oitlren
of the State: a~ member or the Board shall be
a member of nor affiliated vith sny school.oi
halmlreosing or oosmetology vhlle ia offlae,
nor &all eny tvo (2) member0 of said Board
be graduate8 ot the same sahool,
“(a) ‘Baoh mamber of said Board shall
servo a term of six (6) years, or until hln
or her suaaessor 18 appointed and qualified,
except In the ease of the first Board, in
which case one member ahall be appointed to
.
393
state Board of Xalrdreoser8 .$nd COSlSStOlO~f8t8~prss 3
serve for a psrlod of lx0 (2)‘y8S~Sl a
aeoond member shall be appointed to serve
for a period of four (4) rears; end a
third maubes Sk11 be appotited to SSP'Z8
for a period of six (6) years) ad la WC-
ing such appointments the &vemr Shall
deslgnata the respoot~ve pOSitiOn to be
f'll1e&by au& agpolntment. The nemhers
of 8ald Board shall tako the oath pxmrlded
by lav for p&Me offlctals. Vacancies Shall
be tilled by tha Oovernor for the unsxpired
portion of the term."
It vfll be noticed that Bectlon (a) of the above quoted
StatUtS exprear1y pSovide8 that a member of thamard shall serve
for a term of six years or until his or her 8uuaessor 18 appoint-
ed ad qualified.
Izkour Opinion Ilo. O&34, the smm questlotius8 disaues-
ed at length and a careful revleu oi the constitutional.and stat-
utory provlslon8 vlth reierenue to the oflice of Sscretary of
Stat0 van therain givaa. We believe that the same conmrtltutional
JWOViSiOl%S and the holdlngthorelA csnbe eqwlly Rpplledtogour
Prapositlon. A oopy of Opin%on Sfo.O-134 la being enolos8d here-
vlth for XouX'infOl?Satl~ and aS8lStallOe.
You al-0thmefoFe l’eS&#ttt~~ advlaed ill amver to
your question that a member ot the State Board 0S Ealrdresaers
and CoamMiolo~18tsr to-vttc Llllle Stone ir entitled, under the
COnstltutlon and &lVS Of this I)tate, to aontinw to serve ln her
oftlalal oapaofty 8s a member of that B0ard Until such time as
her 8uocell8orlo appointed and duly qualiSle&
SirieereoelvLng our request ue have been 8dvUed #at
the nosrinatlorrotNr8. L l.d1s 8tons ha8 heen SUbnrittIRd
by Oovsmor
OQanleltothe senate ro~oonflrmatfon. If the&mate ahould
Fehr843t0 OoaiiXW OUQh8ppOiptUWSltthE2'UbOy
Ft?jltating SW'S, thE!l
Ye call ~yow attention to our Opinion plo.O-3343 in whfch ve held
e&ion of a n~ee the &mate oreated a vi%canay in
QOpyof Qhilon so. bg -3343 ia ell~108,ed
for you' in-
We trust that we have Nly answered youF irxm%rY.
APPROVED APR 18, 1941
n Yours very truly
/ ATTORXEY cE3ERAL OF TEXhS
BIK
ATTORNEY GENERAL
RFrcld brcCrackon
mRs Asalstant