Honorable J. L. Curlee, Secretary
State Board of Barber Examiners
_ Aust+in,Texas
Opinion No. O-6444
Re: Authority of Board of
Barber Examiners to ex-
empt a registered barber
or registered assistant
barber from the payment
of registration fees
t prescribed In Sec. 20,
Dear Sir: Art. 73&a, V.A.P.C.
We are in receipt of your letter of recent date
requ@sting the opinion of this department on the above
stated matter.
Your letter reads, in part, as follows:
"Does the Board of Barber -aminers have
the authority to exempt a registered barber
or registered assistant barber, now in the
armed forces, from paying the registration
fee."
Sec. 20, Article 734a, V.A,P,C., provides:
"That every registered barber and every regls-
tered assistant barber, who continues in active
practice or service, shall annually on or before
the 1st day of November of each year renew his
certificate of registration which shall be issued
by the Board of Barber Examiners, upon the pay-
ment of a renewal fee of Two Dollars and Fifty
Cents ($2.50). Every certificate of registra-
tion which has not been renewed prior to that
date shall expire on the 1st day of November of
, that year. A registered barber or a registered
assistant barber, whose certificate of registra-
tion may, within thirty (30) days thereafter, and
not later, have his certificate of registration
restored upon making a satisfactory BhOWing to the
Board, supported by his personal affidavit, which,
Hon. J. L. Curlee, page 2 (O-6444)
in the opinion of the Board, will excuse the
applicant for having failed to renew his certi-
ficate within the time required by this Act.
Any registered barber who retires from the rac-
tice of barbering for not more than five (5 'j
years may renew his certificate of registration
by making proper showing to the Board, supported
by his personal affidavit, which In the opinion
of the Board would justify the Board in issuing
a certificate to such applicant as upon an original
a plication upon payment of a fee of five dollars
.OO when filing affidavit as fee for making
&minition."
Sec. 1, Article 734a, V.A.P.C"?.,
provides:
"That it shall be unlawful for any person to
engage in the practice or attempt to practice bar-
bering in the State of Texas without a certificate
or registration as a registered .barber issued pur-
suant to the provisions of this Ac.5,by the Board
of Barber Examiners hereinafter created."
Sec. 2, Article 734a, V.A.P.C. provides:
. "That It shall be unlawful for any person to
serve or attempt to serve as an assistant barber
under a registered barber witSin the State of
Texas without a certificate of registration as a
registered assistant barber, issued by the Board
herein provided for."
Article 1, Sec. 28, Constitut~lonof Texas pro-
VideB:
"No power of suspending laws in this State
shall be exercised except by the Legislature."
The Legislature has undoubt'edpower to amend or
change existing statutory law, including that which is
contained in a code or revision, in order to meet changing
conditions, An Act may be amended during the session at
which it was,passed or at any subsequent session, by en-
actment specifically setting forth its changed terms,
(39 Tex. Jur", p0 125, and authorities cited therein)
In view of the foregoing, it is the opinion of this
department that the State Board of Barber Examiners is
yzithoutpower to waive or suspend the requirements of Sec.
20, Article 73&a, V.A.P.C.
c Hon. J. L. Curlee, page 3 (0-6444)
Whether such law should be amended or repealed is
a matter to be determined by the Legislature.
Trusting that the foregoing fully answers your in-
quiry, we remain
Yours very truly,
ATTORNEY GENERAL OF TEXAS
JAE:ddt