Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1948
Status
Published
On the bench
Price Daniel
Cited by
0 cases

The opinion

Mrs. Bess Blackwell Opinion No. V-753

Executive Secretary

Board of Hairdressers Re: The eligibility of one who

and Cosmetologists has been convicted of a

Austin, Texas federal felony and served

a sentence in the federal

penitentiary to be licensed

to operate, a beauty school’

in Texas.

Dear Mrs. Blackwell:

Your request for an opinion is in part as follows:

“This Board respectfully requests an opin-

ion of your department as to whether or not under

the Texas Beauty Culture Law a person’who has

served a sentence in the federal penitentiary is

eligible to own and operate a beauty school in the

State of Texas.”

Section 17 of Article 734b. V.P.C., provides in part

as follows:

“The Board may either refuse to issue or

to renew, or may suspend, or revoke,. any certifi-

cate of registration or license, . . . for any one or

combination of the following causes:

“(a) Conviction of a felony shown by a cer-

tified copy of the record of the trial wherein the

conviction was held; . . .”

The rule of statutory construction applicable to

your request is found in 39 Tex. Jur. 37. which is as follows:

270

Mrs. Bess Blackwell, Page 2 (V-753)

“On the other hand, ‘may’ ordinarily connotes

discretion or permission: and it will not be treated

as a word of command unless there is something in

the context or subject-matter of the act to indicate

that it was used in that sense.”

The language used in Section 17, Article 734b connotes

discretion or permissiou on the part of the Board, and we find

nothing in the context of the Act which would indicate that the

Legislature intended the Act to be mandatory. Therefore, you

are advised that under the plain provisions of Article 734b. in the

case of a person who has been convicted of a felony, it is left

solely to the discretion of the Board under Section 17 as to whey

ther it will issue’or refuse to issue a license because of the con-

viction. Attorney General’s Cpinion No. O-2359 is hereby over-

ruled.

SUMMARY

Whether the Board of Hairdressers and Cos-

metologiste will issue or refu6e to issue a license

to operate a beauty school in Texas to a person

convicted of a felony is left to the discretion of the

Board. Section 17 of Article 734b. V.P.C.

Yours very truly.

ATTORNEY GENERALOF TEXAS

By A?Ikee?

Assistant

JR:bh:sl

APPROVED:

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ATTORNEYGENERAL

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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