T ATTORNEY GENERAI,
OF TICXAS
AUSTIN. TEXAS 78711
The Honorable Ron Resech Opinion No. H- 490
Executive Director
Texas Cosmetology Commission Re: Whether college
1111 Rio Grande offering instruction
Austin, Texas 78701 in cosmetology is
public or private for
purposes of regulation
by the Texas Cosmetology
Dear Mr. Resech: Commission
You ask whether a certain college which offers instruction in cosmetology
is public or private for purposes of regulation by the Texas Cosmetology
Commission.
The Cosmetology Regulatory Act, V. T. C. S., art. 8451a, provides in
section 12(b) that:
No person for compensation may conduct or
operate a beauty shop, beauty culture school, wig
salon, wig school, or any other place of business
in which a practice of cosmetology, as defined in
Section 1, is taught or practiced without first
obtaining a license.
In section 2(l) of the Act “person I’ is defined as “any individual, association,
firm, corporation, partnership, or organization.” Thus, any private school
which offers instruction in cosmetology must obtain a license from the Texas
Cosmetology Commission. On the other hand, public schools which offer
cosmetology programs need not obtain a license; instead they are required
to have their facilities and equipment inspected and approved by the Com-
mission’s Director of Inspections before commencing operations. V. T. C. S.
art. 8451a. 5 26. “Public school,” is defined in section l(4) of the Act as
follows:
p. 2216
The Honorable Ron Resech, page 2 (H-490)
‘Public school’ includes public high school,
public junior college and any other state-supported
institution conducting a cosmetology program.
Thus, as defined in the Cosmetology Act, a public school is one which
is state-supported, meaning that its operations are financed directly by
public funds. -See Attorney General Opinion M-199 (1968). The College
about which you have inquired is not supported by public funds. It is a
private non-profit, tax-exempt corporation. Its operating funds are
raised from the fees charged its students for tuition and from private
sources. Since it is a private rather than a public school, it must
obtain a license from the Texas Cosmetology Commission before it
can conduct a cosmetology program.
SUMMARY
As defined in the Cosmetology Act, a school
which is not directly supported by public funds
is not a public school for purposes of the Cosmetology
Act.
A ery truly yours,
v Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
po 2217
Untitled Texas Attorney General Opinion
Combined Opinion