Texas Attorney General Opinion: C-333 Page: 4 of 5
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Mrs. Bess Blackwell, page 4 (C-333)
Section 5(a) of Article 734b, Vernon's Penal Code reads as
follows:
"Any person, firm, association or corporation
applying to the Board for an original certificate
of registration or license, as a school of beauty
culture, shall make such application in the form
prescribed by the Board, giving data and information
required by the Board. The Board shall,' in such
applications require such data, information and
facts as it Aeems necessary to determine such appli-
cant's compliance with this Act and his or its fit-
ness to conduct and maintain such school. No
applicant for an original school license shall here-
after be granted an original certificate of registra-
tion or license unless it shall have a building
approved by the Board, ..., and shall have not less
than two (2) modern, sanitary toilets....and shall
possess and have installed the minimum equipment
and apparatus....and such schools shall thereafter
maintain the premises' and minimum equipment and
apparatus; and such applicants shall furnish a good
and sufficient surety bond payable to the State of
Texas, conditioned to refund any unused portion of
tuition paid if such school closes or ceases operation
before courses of instruction have been completed. . .
The recent case of Kelly v. Industrial Accident Board, 358
S.W.2d 874 (Tex.Civ.App. 196 , error ref., n.r.e.) held:
". . . It is recognized that the Legislature may
delegate to State officers, agencies or administrative
bodies the power to enact or promulgate rules and
regulations in aid of statutory authority conferred
upon such administrative body, 1 Tex.Jur.2d "Administra-
tive Law" Sec. 11. But the rules and regulations
so enacteA by the administrative body may not impose
additional burdens, conditions or restrictions in
excess of or inconsistent with the statutory pro-
visions. .. ."
No financial statement is required in Section 5(a) of Article
734b, Vernon's Penal Code. To add such a requirement would usurp
the Legislature's function and impose an additional burden on the
applicant.
It is therefore the opinion of this office that the proposed
rules are beyond the authority of the Board with the exception of
daily attendance records. The latter are required by the specific-1586-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-333, text, October 16, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268752/m1/4/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.