The opinion
“. ,
R-805
AUSTIN 11. TEXAS
October 1, 1947
Mrs. E. L. Avery, Opinion No. V-392
President, State Board
of Hairdressers and Re: Authority of Board to
Cosmetologists, Require Separation of
Austin, Texas. Beauty Shops from Liv-
ing Quarters by a
Solid Wall.
Dear Mrs. Avery:
Your recent letter asks whether, in the opln-
ion of this department, the Board of Hairdressers and
Cosmetologists can require beauty shop owners who have
shops with openings into residential or sleeping quar-
ters to separate their beauty shops from such quarters
by a solid wall.
Section 10(a), Senate Bill No. 131, 50th Leg-
islature , provides, in part, as follows:
"It shall be unlawful for a uerson,
firm or corvoration to operate a beauty
shop or a beauty school as defined in
this Act unless the same is a bona fide
establishment with a nermanent and de-
finite location comnlrtelv and nermanent-
Iv separated by solid walls with no ooen-
Inns from rooms used wholly or in Dart
for residential purposes." (Emphasis ours)
The following is provided in Section 20(a) of
the Act:
"That each of the following offens-
es shall constitute a misdemeanor punlsh-
able on conviction in a court of compe-
tent jurisdiction by a fine.-of not less ;
than twenty-five ($25.00) Dollars, nor
more than One Hundred ($100.00) Dollars: '
(a) The violation of any of the provisions
of this Act."
In Section 15 of Senate Bill NO. 131, it is
, ..
Mrs. E. L. A~very, page 2 (V-392)
Sd.rl that:
“The Board shall neither refuse to
renew, nor shall it sus,pend nor revoke
any certificate of registration. for any
of the causes enumerated in this Act. ex-
& for failure of applicantto furnish
the Board with a health certificate and
Wasserman test, as re,quired by Section
9(b) of this A,ct, showing such applicant
and/or licensee to be free from contagious
or infectious disease as determined.by a’
general examination and such test, unless
the accused has been convicted of viola-
tion of the arovlsions of this act in a
court of comuetent Surisdietion; however,
upon any such conviction, the Board may
suspend or revoke any such certificate
of license or registration after giving
the person so convicted at least twenty
(20) days written notice of time and place
of hearing bef,ore the Board for such pur-
pose.* (Emphasis ours) 0
Section 17 of the Act provides that:
“The Board may either refuse to Issue
or renew. or may susnend. or revoke. anl
certificate of resistration or license for
failure to furnish the Board with a heilth
certificate and Wasserman test, as requir-
ed by Section 9(b) of this Act, showing
such applicant and/or licensee to be free
from contagious or infectious disease as
determined by a general examination and
such tests, or for any one or combination
of the following causes; (h) Violation of
any of the regulations described in this
Act after conviction thereof bv a court of
competent jurisdiction,” (Emphasis ours)
In view of the plain provisions of the Act a-
bove quoted, _ it
^ is our opinion that
_ . -- a beauty I shopnust
I
be separated from rooms used wnolly or In part l-or rest-
dential or sleeping purposes. But before the Board can
refuse to issue or to renew, or suspend or revoke any
certificate of registration or license for the violation
of this provision of the law (Section lOa), there must
be a conviction thereof by a court of competent juris-
,. .
Mrs. E. L. Avery, page 3 (V-392)
diction.
SUMMARY
Senate Bill 131, 50th Legislature,
requires that beauty shops be separated
from living quarters by solid walls. The
State Board of Hairdressers and Cosme-
tologists has authority to refuse the
issuance or renwal, or cause the suspen-
sion or revocation of any certificate of
registration or license for violation of
the regulation concerning solid walls
only after final conviction thereof by
a court of competent jurisdiction.
Yours very truly,
ATTORNEY
GENERAL
OF TEXAS
CBK:mw Byc~%%~
assistat
APPROVED
ATTORNEY
GENERAL