Can a licensed cosmetologist in Texas trim beards and mustaches, or is that reserved to barbers?

Texas AG Opinion JM-990: Can a Cosmetologist Trim Beards?

Plain-English summary

Texas licenses barbers and cosmetologists under two separate laws, and the two professions overlap in some places but not others. The State Board of Barber Examiners asked the Attorney General a specific boundary question: does a licensed cosmetologist have the authority to trim beards and mustaches? The short answer was no.

To get there, the Attorney General walked through how these statutes developed. Back in 1972, a federal court struck down parts of both the barber and cosmetology laws that allowed licensees to work on customers of only one sex, an equal-protection problem. A 1972 Attorney General opinion then sorted out what each license actually covered once the sex restrictions fell away. The upshot: barbers and cosmetologists can both do the general hair services (cutting, styling, shampooing, coloring) on anyone, but some tasks stayed reserved. Only a barber could shave and trim beards. Only a cosmetologist could remove superfluous hair with depilatories or tweezers or massage the arms and bust. Since cosmetologists never had beard authority to begin with, the 1972 court decision did not hand it to them.

When the legislature rewrote both statutes in 1975, it had a clear chance to give cosmetologists beard authority if it wanted to, and it did not. The revised barber statute (now article 8407a) spells out that barbering includes shaving, styling, or trimming the mustache or beard. The revised cosmetology definition (now article 8451a) says nothing about beards at all. And the barber statute exempts cosmetologists from its reach only so long as they stay within the scope of their own cosmetology license. Later tweaks to the cosmetology law over the years never added beard authority either.

The one argument on the other side was that a cosmetologist's power to trim "the hair" is broad enough to include a beard. The Attorney General rejected that. The statutes use "the hair" and "the beard" as separate terms, which means "the hair" does not swallow "the beard." On top of that, a cosmetologist may remove stray body hair only with depilatories or tweezers, not by shaving, which is another sign that shaving a beard sits outside what a cosmetology license allows. So a licensed cosmetologist has no statutory authority to shave and trim beards.

Currency note

This opinion was issued in 1988. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The barbering and cosmetology statutes (then V.T.C.S. articles 8407a and 8451a) have since been repealed and recodified, and the two occupations' licensing was later consolidated under the Texas Department of Licensing and Regulation, with the scope-of-practice provisions now in the Occupations Code. The specific division of authority described here reflects the statutes as they stood in 1988. Anyone with a current question about what a cosmetology or barber license permits should consult the current Occupations Code and the department's rules rather than relying on the 1988 article numbers here.

Who this opinion affected (as of 1988)

Licensed cosmetologists: The opinion concluded that their licenses did not authorize shaving or trimming beards, a service reserved to barbers.

Licensed barbers and the Board of Barber Examiners: The opinion confirmed that shaving and trimming the beard remained within the barber's authority under the barbering statute.

Salon and shop owners: The opinion drew a clear line about which licensed professional could offer beard services, relevant to how a shop assigned work and which license a service required.

Common questions

Can a cosmetologist trim a customer's beard in Texas?
In this 1988 opinion the Attorney General concluded that a licensed cosmetologist has no statutory authority to shave and trim beards.

Why can't a cosmetologist's authority to trim "the hair" include the beard?
Because the statutes refer to "the hair" and "the beard" separately, which indicates that "the hair" does not include "the beard."

Who is authorized to trim beards?
The barbering statute expressly includes shaving, styling, or trimming the mustache or beard, so that service falls within the barber's authority.

Did the 1972 court decision change this?
No. The federal court in Bolton struck down provisions limiting services by sex, but cosmetologists never had beard authority to begin with, so the decision did not change their authority as to beards.

Background and statutory framework

In 1972 a federal district court held unconstitutional those provisions of the barbering and cosmetology statutes that allowed licensees to perform certain procedures on members of one sex only. Bolton v. Texas Bd. of Barber Examiners, 350 F. Supp. 494 (N.D. Tex.), aff'd, 409 U.S. 807 (1972). At that time the barbering act (Acts 1971, 62d Leg., ch. 1036, § 51) defined barbering to include shaving or trimming the beard, cutting the hair, and styling or processing the hair of males only, along with facial and scalp treatments, and provided that persons engaged in beauty culture, hairdressing, or cosmetology as to female persons could not shave, trim the beard, style, process, color, or cut the hair of male persons except in accordance with the barbering law. The cosmetology statute (id. § 1) defined cosmetology as the beautifying treatment of a female's hair or skin, or the nails of a male or female, and included arranging, cutting, trimming, and shaping the hair; massaging and beautifying the scalp, face, neck, arms, bust, or upper body; removing superfluous hair with depilatories or tweezers; manicuring; and servicing a wig or hairpiece.

A 1972 opinion of this office, Attorney General Opinion M-1270 (1972), interpreted these statutes in light of Bolton. It concluded that the barbering and cosmetology definitions regarding hair treatment were virtually synonymous, so a holder of either license could cut, style, process, shampoo, color, singe, and groom the hair of either sex, and could give facial and scalp massages and apply preparations to the scalp, face, neck, and shoulders. But only a licensed barber could shave and trim the beard, and only a cosmetologist could remove superfluous hair with depilatories or tweezers or massage the arms and busts. Because cosmetologists had no authority to shave and trim beards before Bolton, Bolton did nothing to change that.

When the legislature revised the statutes in 1975 (Acts 1975, 64th Leg., ch. 691; barbering now codified as V.T.C.S. article 8407a, cosmetology as article 8451a), it did not change the result of M-1270. The revised barbering statute states that "barbering" includes "arranging, beautifying, coloring, processing, shaving, styling, or trimming the mustache or beard by any means or method." V.T.C.S. art. 8407a, § 4(b)(1). The revised definition of "cosmetology" contains no reference to shaving or trimming beards. V.T.C.S. art. 8451a, § 1(3). The revised barber statute provides that persons practicing under the cosmetology statute are exempt from the barber statute so long as they practice within the scope of the license or permit duly issued by the Texas Cosmetology Commission. V.T.C.S. art. 8407a, § 6(c). The legislature amended the cosmetology statute a number of times after 1975 but made no change that could be interpreted as giving cosmetologists authority to shave and trim beards.

The Attorney General rejected the suggestion that cosmetologists may trim beards by virtue of their authority to trim "the hair." The barbering statute refers to "the hair" and "the beard" separately, indicating that "the hair" does not include "the beard," and that same legislation is the source for the current cosmetology statute, which gives cosmetologists authority to trim "the hair" but makes no mention of "the beard." Because a cosmetologist also has authority to remove superfluous body hair only with depilatories or mechanical tweezers, and not by shaving, the Attorney General could not conclude that the authority to trim "the hair" includes the authority to trim beards, and held that a licensed cosmetologist has no statutory authority to shave and trim beards.

Citations

Statutory authority:

• V.T.C.S. art. 8407a, § 4(b)(1) (barbering includes shaving, styling, or trimming the mustache or beard)
• V.T.C.S. art. 8407a, § 6(c) (exemption for cosmetologists practicing within the scope of their license)
• V.T.C.S. art. 8451a, § 1(3) (definition of cosmetology; no reference to the beard)

Cases:

• Bolton v. Texas Bd. of Barber Examiners, 350 F. Supp. 494 (N.D. Tex.), aff'd, 409 U.S. 807 (1972)

Related opinions:

• Attorney General Opinion M-1270 (1972)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-990
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1988/jm0990.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor OCR errors may remain; the linked PDF is authoritative.

December 5, 1988

Ms. Jo King McCrorey
Executive Director
State Board of Barber Examiners
1300 E. Anderson Lane
Building C, Suite 275
Austin, Texas 78752

Opinion No. JM-990

Re: Whether a cosmetologist is authorized to trim beards and mustaches (RQ-1525)

Dear Ms. McCrorey:

You ask whether a cosmetologist has authority to trim beards and mustaches. An examination of the recent history of the statutes governing barbers and cosmetologists helps to put your question in context.

In 1972 a federal district court issued a judgment holding unconstitutional parts of the Texas barber and cosmetology statutes. At the time of that court case the act governing barbers provided:

The practice of barbering is hereby defined to be the following practices when not done in the practice of medicine, surgery, osteopathy, or necessary treatments of healing the body by one authorized by law to do so; and when not done by a relative who cuts only the hair of those in his or her immediate family; and when done on living male persons.

(A) Shaving or trimming the beard.
(1) Cutting the hair;
(2) Styling or processing the hair of males only.
(B) By giving any of the following treatments by any person engaged in shaving or trimming the beard and/or cutting the hair.

(1) Giving facial and scalp massages, or applications of oils, creams, lotions, or other preparations, either by hand or electrical appliances;
(2) Singeing, shampooing, or dyeing the hair or applying hair tonics;
(3) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck or that part of the body above the shoulders.

Provided, however, that nothing contained in this Act shall be construed to include those persons lawfully engaged in beauty culture, hairdressing or cosmetology as provided by law, when so engaged in giving treatments or applications to female persons only, but such persons shall not be permitted to shave, trim the beard, style, process, color or cut the hair of male persons except in accordance with the provisions and requirements of this Act relating to barbering. (Emphasis added.)

Acts 1971, 62d Leg., ch. 1036, § 51, at 3402. The statutory provisions governing cosmetologists contained the following definition of "cosmetology":

"Cosmetology" means the beautifying treatment of a female's hair or skin, or nails of a male or female and includes the following practices:

(A) arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring, cutting, trimming, shaping, or straightening the hair by any method or means;
(B) massaging, cleansing, beautifying, or stimulating the scalp, face, neck, arms, bust, or upper portion of the body by the use of a cosmetic preparation, antiseptic, tonic, lotion, or cream;
(C) removing superfluous hair from the body by use of depilatories or tweezers;
(D) manicuring; and
(E) servicing a wig or artificial hairpiece . . . . (Emphasis added.)

Id. § 1, at 3389. The federal district court held unconstitutional those provisions of the barbering and cosmetology statutes that allowed licensees to perform certain procedures on members of one sex only. Bolton v. Texas Bd. of Barber Examiners, 350 F. Supp. 494 (N.D. Tex.), aff'd, 409 U.S. 807 (1972).

A 1972 opinion of this office addressed a number of questions about the proper interpretation of the barbering and cosmetology statutes in light of Bolton. Attorney General Opinion M-1270 (1972). In regard to the permissible practices for barbers and cosmetologists, the opinion stated:

The provisions of the Barber Law and the Cosmetology Act defining the respective practices of each with regard to the treatment of hair are virtually synonymous in meaning; and, the holder of a license under either statute may cut, style, process, shampoo, color, singe and perform those services necessary to groom the hair of either sex. Likewise, facial and scalp massages and the applying of creams, lotions, tonics, antiseptics, etc. to the scalp, face, neck and shoulders are permitted under either law. However, only a licensed barber may perform the services of shaving and trimming the beard; and, only a cosmetologist may remove superfluous hair by the use of depilatories or tweezers, or massage the arms and busts. (Emphasis added.)

In other words, the opinion clarified that barbers and cosmetologists could perform those procedures for which they had specific authority, regardless of the sex of the recipient of the services. Because cosmetologists had no authority to shave and trim beards before Bolton, Bolton did nothing to change the authority of cosmetologists in regard to shaving and trimming beards.

If the legislature considered Attorney General Opinion M-1270 to be incorrect or to reach an undesirable result, it could have changed that result when it revised the statutes governing cosmetologists and barbers in 1975.1 Acts 1975, 64th Leg., ch. 691, at 2132 (barber statute now codified as article 8407a, V.T.C.S.; cosmetology statute now codified as article 8451a, V.T.C.S.). It did not do so. The revised barbering statute states that "barbering" includes "arranging, beautifying, coloring, processing, shaving, styling, or trimming the mustache or beard by any means or method." V.T.C.S. art. 8407a, § 4(b)(1). The revised definition of "cosmetology" contains no reference to the shaving or trimming of beards. V.T.C.S. art. 8451a, § 1(3). The revised barber statute provides that persons practicing under the cosmetology statute are exempt from the provisions of the barber statute "so long as such persons practice within the scope of the license or permit duly issued by the Texas Cosmetology Commission." V.T.C.S. art. 8407a, § 6(c).

The legislature has amended the cosmetology statute a number of times since 1975, but it has made no changes that could be interpreted as giving cosmetologists the authority to shave and trim beards. See generally Acts 1985, 69th Leg., ch. 483, at 2051; Acts 1983, 68th Leg., ch. 81, at 355 (setting fees under the cosmetology statute); Acts 1983, 68th Leg., ch. 557, at 3236 (continuing education for cosmetologists); Acts 1981, 67th Leg., ch. 279, at 747 (relating to exemptions under cosmetology statute); Acts 1979, 66th Leg., ch. 606, at 1340 (relating to licensing of cosmetologists); Acts 1977, 65th Leg., ch. 356, at 946 (relating to examinations and blood tests for cosmetologists); Acts 1977, 65th Leg., ch. 419, at 1123 (relating to private beauty culture schools); Acts 1977, 65th Leg., ch. 666, at 1685 (relating to certification for hair cleansing and scalp conditioning).

Nonetheless, it has been suggested that cosmetologists have authority to trim beards by virtue of their authority to trim "the hair." See V.T.C.S. art. 8451a, § 1(3)(A). We disagree. The statute governing barbers refers to "the hair" and "the beard" separately, indicating that "the hair" does not include "the beard." Acts 1971, 62d Leg., ch. 1036, § 51, at 3402; Acts 1975, 64th Leg., ch. 691, § 4, at 2133 (codified as article 8407a, § 4). That same legislation is the source for the current cosmetology statute, which gives cosmetologists authority to trim "the hair," but makes no mention of "the beard." Id., § 28 (codified as article 8451a, § 1(3)). Also, a cosmetologist has authority to remove superfluous "body hair" by the use of depilatories or mechanical tweezers. A cosmetologist has no authority to remove "body hair" by shaving. In light of those provisions, we cannot conclude that a cosmetologist's authority to trim "the hair" can be construed to include the authority to trim beards.

1. The legislature made numerous minor changes in the cosmetology statute in 1973, none of which had to do with shaving or trimming beards. Acts 1973, 63d Leg., ch. 136, at 290; ch. 250, at 581; ch. 270, at 637; ch. 536, at 1388.

SUMMARY

A licensed cosmetologist has no statutory authority to shave and trim beards.

JIM MATTOX
Attorney General of Texas

MARY KELLER
First Assistant Attorney General

LOU MCCREARY
Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Sarah Woelk
Assistant Attorney General