Attorney General Opinion WW-0858

. . i E ATTORNEX GENERAL OF -XAS WILL WILSON *-I-roRNEY csENER*L June 14, 1960 Mr. V. D. Housworth Executive Secretary State Board of Barber Examiners Austin, Texas Opinion No. WW-858 Re: Eligibility of an out of state applicant for a Texas, Barber's License to take another~'examlna- tlon in Texas after fall- Dear Mr. Housworth: lng two examinations, iWe are in-receipt of your letter requesting an opinion from this office. In your letter you stated as follows: "Section 13 of the Texas Barber Law provides that a barber from another state must show that he has worked as a licensed barber in another state for two years lm- mediately prior to making application for the examination in this state. "The out of state applicant is given two opportunities to take the examination, and falling both, It provides that he must cease practicing in this State. "We have always Interpreted this part of the law to mean that an out-of-state applicant who fails the two examinations must work In another state for two years before he would be ellgiblle to take another etiminatlon In Texas. This is the part of the Law we want the opinion to cover." Section 13, Article 734a, Vernon's Penal Code, reads in part as folloWa: '~:.' "Any person who is at least sixteen and one-half years of age, and who can furnish evidence of good moral character Mr. V. D. Housworth, Page 2 (WW-858) and temperate habits, and who has a diploma showing graduation from a seven-grade gram- mar school, or Its equivalent as determined by an examination conducted by the Board, and either ‘~ “(b) Who can prove by personal affidavit that he has practiced as a barber in another State for at least two years Immediately prior to maklnn anollcatlon in this State. and who possesse‘;; the qualifications required by this Act, shall, upon payment of the required fee, be issued a permit to practice as a journeyman barber only until he Is called by the Board of Barber Examiners to determine his fitness to receive a certificate of registration to prac- tice barbering. Should such applicant fall to pass the required examination he shall be allowed to practice as a journeyman barber until he Is called by the Board for the, next term of examination. Should he fail at the examination he must cease to practice barber- ing In this state,” (Rnphaels addedI. The Legislature of the State of Texas In provldlng the quailflcatlona which the Board of Barber Examiners are to enforce, provided for a type of reclproclty to cover those persons ‘outside the State of Texas, who meet eubstan- tlally equal standards and qualifications which the law provides for those within the State. It Is our opinion that Section 13, above quoted, Is clear and to the point In providing that a person who seeks to obtaln a Texas License to practice barberlng in this State by qualifying under this Section of the Act and who twice falls his examination, can no longer practice barberlng In Texas, at least until he requalifies. Subsection (b) of Seatlon 13 provides that to qualify as a journeyman, such pereon must have “for at least two years Immediately prior to making application In thle State” practic- ed as a barber. His failing two examlnatione disquallfles him from obtaining a license, and he must cease to practice barber- ing in this State under this Section. He cannot Immediately reapply under this Section for he cannot meet the qualifications of said Section which provide that he must have practiced for two years in another State., Mr. V. D. Housworth, Page 3 (WW-858) It Is our opinion that such a person may qualify himself In order to take another examination by at least two methods. The first Is to meet those qualifications as provided In Section 7 of the Act which are the general qualifications that applicants must generally meet to obtain a license. The second method would be to withdraw from the state and requalify as a "journeyman" under Section 13 of this Act. SUMMARY A person who seeks to come under the provl- sions of Section 13, Article 734a, Vernon's Penal Code, after failing once to obtain his license to practice barbering in Texas by failing the two examinations provided for by said statute, must withdraw from the state and practice for two years more outside of Texas to requal.lfy for examination. LFP:mm APPROVED OPINION COMMITTEE W. V. Geppert, Chairman Iola B. Wilcox W. 0. Shultz Raymond V. Loftin, Jr. Houghton Brownlee REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore