A person practicing within the terms of a shampoo apprentice permit issued under section 1602.267 of the Occupations Code is authorized to perform a limited cosmetological practice under chapter 1602. The Cosmetology Commission must adopt rules to administer the shampoo apprentice permit program and may enforce chapter 1602 against a shampoo apprentice as it may against any other licensed or certificated cosmetologist. A licensed beauty shop does not violate chapter 1602 by employing a shampoo apprentice.

Section 1602.267 creates an exception to the requirement that cosmetology be taught only by a licensed instructor in a licensed beauty culture school or program. Thus, a shampoo apprentice may be trained by a licensed cosmetologist who is not licensed as an instructor, in a licensed facility that is not a licensed beauty culture school or program, but only in the shampooing and conditioning of hair.

The Commission may not require an applicant for a shampoo apprentice permit to pay a fee for the permit.

Opinion No. GA-0169

The Honorable Troy Fraser

Chair, Business & Commerce Committee

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Whether the common-law doctrine of incompatibility prohibits a city council member from simultaneously serving as a member of the board of directors of a tax increment reinvestment zone created by his or her municipality under chapter 311 of the Tax Code (RQ-0120-GA)

S U M M A R Y

A city council member is not prohibited from simultaneously serving as a member of the board of directors of a tax increment reinvestment zone created by his or her municipality under chapter 311 of the Tax Code.

Opinion No. GA-0170

The Honorable Carlos I. Uresti

Chair, Human Services Committee

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Whether a state representative may represent a criminal defendant in an administrative license revocation hearing (RQ-0126-GA)

S U M M A R Y

If a legislator has previously represented a licensee in a criminal law matter, he or she may continue to represent the licensee in any license revocation hearing that arises out of the same facts as the underlying criminal proceeding.

For information regarding this publication, please access the website at www.oag.state.tx.us or call the Opinion Committee at 512-463-2110.

TRD-200402110

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 24, 2004