Texas Attorney General Opinion: M-651A Page: 3 of 4
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Dr. George J. Beto, page 3
cal plant, instructors and the like, which pertain to the quality of plant
and instruction. In circumstances such as these, the words of grant
should be given a broad, rather than a restrictive interpretation.
Further research reveals that Articles 6203b-i and 6203b-2
authorize the Board of Corrections to establish and operate schools at
its various units. This would include vocational classes, which are
specifically authorized to be conducted in the public free schools of the
state under Section 21. 111 of the Texas Education Code. We can not
hold that the prison system is prohibited from conducting vocational
schools in the training of barbers; neither Article 6203b-1 nor 6203b-2
contains any restriction as to the subject matter taught. Vocational train-
ing as a barber is recognized by the statutes covering both the trade and
schools for training barbers. The only restriction that can be implied
from any of these statutes is that the Board of Corrections must secure
a license to operate such a school.
We are reliably informed that many of the larger school districts
in the state operate cosmetology schools under state licenses; that several
junior colleges are licensed by the State to operate vocational nursing
schools, registered nursing schools, and that one is even operating under
a state license a mortuary school; also that various types of nursing train-
ing are operated under state licenses in at least three of the State univer-
sities. The opinion of a former Attorney General recognized the validity
of a license of a Vocational High School to teach cosmetology and of its
graduates to receive a license pursuant to Article 734b, Vernon's Penal
Code. Opinion WW-1513 (1962). Our holding in Opinion M-651 (1970)
is in accord with the established practice of these various licensing boards.
The rationale and authorities in Opinions WW-821 (1960) and
WW-1105 (1961) amply support our prior Opinion M-651 (1970). A copy
of each of these opinions is also being delivered to you.
SUMMARY
The State is a "person" within the meaning of
the term as used in Article 734a, Vernon's Penal Code,
and the Texas Department of Corrections is authorized
to apply for a permit to conduct a barber school, re-
ceive a license, and operate such a school when comply--3122c-
(M-651-A)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-651A, text, July 15, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269877/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.