Untitled Texas Attorney General Opinion ( 1947 )

“. , 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