Case Information
*1 OFFICE OF 7HE A‘ITORNEY GENERAL OF TEXAS AUSllN
law. Bun Mae Murphy, uember;
State Board oom3toi0gy
Austin, T6saB.
Dear Mad& .
OplQlon 'Hd, .'o-1875 art Ig a .pelTSOll ellg .
. . BoerfPa eramlrlkat :prlor: to 4she:pao lh3que$liyour bpiriloll 6f seq- i ether the fo3.lowI.n+uIerlinbX e,.' 'nop-r~a8ident.haLrbresYero- s.and. graduates of -Iidensed y only epply:?or~exmSnatfon under the.Aot.upoil ~the payInent'ot'-the arAmia%~on an& lloense fse anU'sh6.3.l have aerved.&e re- quired time a.8 a student ;or have -b?en .enpged *2 :.
Mrs. Ella Mae Murphy, Member, page 2
*We request this inasmuch as some States have no regulative stat. law hairdressing and oof&tolOgy, and inview of this faot would a pereon from one or these States be eligible for our examination without having first oompleted a thousand hour oourae in not leas than air months7e
Seotlons 14 and 16 of Artiole 734b Of the Penal Oodr readtae follows,z
Seo. 14. Van-resident heil'dresaera or ooa- metologiets end graduatea.of lioensed sohoolrr may only apply for exadnat~on under the Aot upon the payment of the oxaminatlon and lioense fee and shall have served the required time ae a student or have been engaged in the praotioe or hairdressing and oo13metologp for two (2) yeera in a State having requirements eoual to the requirements as provided in this Aot.S
Seo. 16. e(a) If au applloaut for esamina- tion passes suah examination to the satlsfaatian of the Board and in aooordanoe with the rules promulgated by said Board, the Board shall issue a certirioate to that effeot, signed by the President and Seoretarp and attested with its seal. Suoh oertifio.=te shall be evidence that the person to whom it is Issued is entitled to follow the Praotioes, oooupatlon, or oooupatlons stipulated therein, as greleoribed in this Aot.
Suoh certifioate ahall..be oonspiouou6lly dia- played in his her plaoe of buslneee or em- ployment, provided however, that where the applioant is a aauate of some sohool of beauty ou1tu!a duly 1 nsed and reoognizeb, then suoh applioant ter passing an examination aa provided ior I 2.oW.on 9 ohallbe given a oertlrloate.
ldre. Ella Mae Kurphy, b'ember, paRe 3 *(b) Any person who pr?.or to the passage
of thla Aot was rtudylng any of tho olaasi- fled OOOUUpatlO~ shall be oredlted with the time of etudy, provided however, that appli- OatiOn such Ore&it Is Siled with the Saoretary of the Boara within ninety (90) baya after the taking eSfeot oi this Act.*
Seotlon ? referred to In Artlole 734b, reada u to11owt3r
fThe Board shall hold rqgzlar meet- :Ing?%%he eremination of applloenta In the oapital of the State, on the aeoond Tueeday In January and July of each year, and at &oh times and plaoea as Board mar deem other neoessery, and euoh examination shall be oon- duoted under the rules proYlde4 by said Board and shall Inoluao praotioaldemonatratlon and written and oral teeta In reierenoe to the praotloea for whhioh a lioense Is applied for and such related subjeota as the Board may determine neoeseary ior the proper end sttl- oient performanoe of suoh praotioes, and 8uoh erasiination shall iachude sanitation end hpeiene', the use ot oosmetios, the applioatloa of eleotrioal an6 meohanloal equipment ana applianoes, anatomy -4 dermatology, and au0h other kindred eubjeots aa may be neoessary and preeoribed by the Board to deter&no one.6 Bitness ana qualitloations a8 a hairdresser ooemetologIa%.R
We think the above auoted seotions of artiole 9342~ of the Penal Code are oleer and unambiguous and require no Interpretation or oonatruotion. Therefore, your queetlona NOS. One end Three tare aaevmred in the negative.
After oarefully oonsiaering your aeoond auestlon, we are OS the opinion that Seation 14 oi Art. 734b Of the Pena cod0 doe0 not oontravene any seotlon ot tho State or P6aer61 Conatltutione.
Mm. Ella&faeidurphy, Nember., page 4 hustlng that foregoing answer8 your in-
qulrle#, we rem6in