Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
July 25, 1978
JOHN L. HILL
Attorney General
Mr. Charles F. Blackburn Opinion No. Ii- 12 15
Executive Secretary
State Board of Barber Examiners Re: Limitation on business
5555 N. Lamar, H-111 activities of barber inspectors
Austin, Texas 78751 and on members of the Board of
Barber Examiners.
Dear Mr. Blackburn:
You ask two questions in reference to article 8407a, section 27a,
V.T.C.S. The first is whether section 27a prohibits barber inspectors and
other employees of the Board of Barber Examiners from owning a barber shop
or barber school. The second is whether section 27a limits members of the
Board of Barber Examiners in any of their business activities.
Section 27a(a), which is a penal statute, states:
No barber inspector or other employee of the State
Board of Barber Examiners may sell barber supplies or
engage in any other business which deals directly with
barbers, barber shops, or barber schools except that he
may engage in the business of barbering.
It is our opinion that section 27a does not prohibit ownership of a barber shop
or school. The caption to the bill of which section 27a is a part refers to that
section as one “relating to selling of barber supplies by certain persons and
proscribing a penalty for violation.” Acts 1967, 60th Leg., ch. 746, at 2018.
Also, when a general phrase such as “any other business” follows a more
specific phrase such as %ell[ingl barber supplies,” then the latter phrase is
not to be given its widest possible construction. 53 Tex. Jur.2d, Statutes 5
155. The language of the text and the caption indicates that the purpose of
the section is to prevent a situation where barber inspectors might be able to
coerce barbers into buying supplies from them. There is no indication that
the legislature was concerned with whether the inspectors owned a barber
shop or school. See V.T.C.S. art. 8407a, S 26 (four members of the Board of
Barber Examinersye required to be barber shop or barber school owners).
P. 4867
Mr. Charles F. Blackburn - Page 2 (R-12151
Nor do we believe that board members are restricted by the provisions of
section 27a. By the section’s express terms it only prohibits any “barber inspector
or other employee.. . .” The plain and unambiguous meaning of a statute must
generally prevail. Attorney General Opinion H-193 (1974); 53 Tex. Jur.2d, Statutes
s 135.
This opinion should not be construed to express any view on whether the
discussed conduct violates any provisions of the State Ethics Law, article 6252-9b,
V.T.C.S., or of chapter 36 of the Penal Code. See generally Attorney General
Opinions H-313 (19741; H-255 (1974).
SUMMARY
Article 8407a, section 27a, V.T.C.S., does not prohibit
barber inspectors or other employees of the State Board of
Barber Examiners from owning a barber shop or barber
school, nor does it restrict board members in their business
activities.
Attorney General of Texas
APPROVED: /
DAVID M. KENDALL, First Assistant
Opinion Committee
p. 4868