Untitled Texas Attorney General Opinion ( 1952 )

.
THE ATTORNEY GENERAL
OF TEXAS
April 10, 1952
Hon. Marshall Harvey, D.S.C.
Secretary-Treasurer
Texas State Board of Chiropody Examiners
1121 19th Street
Lubbock, Texas Opinion No. V-1435
Re: Necessity for chiropo-
dists to pay an annual
renewal fee during the
year in which their
license to practice was
Dear Sir: issued.
Yo'urrequest for an opinion of this office
reads In part as follows:
"The above captioned Article 145571,
V;C.S,7 states In part:
"'Practicing chiropody without an
annual renewal oertiflcate for the cur-
rent year, as provided herein, shall have
the same force and effect and subject to
all penalties or practicing chiropody with-
out a license.'
"Examinations are given and success-
ful candidates are issued LLcenses in Jan-
uary and June of each year.
'IQUESTION:
"In line with that portion of the
provisions In this Article quoted.above,
shall this Board collect annual fees for
the year or portion thereof during which
license was Issued or shall such fees be
due and payable on September first follow-
ing Issuance of such license?"
House Bill 102, Acts 52nd Leg., R.S. 1951,
ch. 132, p. 219, amends among others Articles 4569
and 4571, V.C.S., which now provide In part:
Hon. Marshall Harvey, D.S.C., page 2 (v-1435)
Art. 4569. "All applicants for li-
cense to practice chiropody in this State
under the provisions of this Act, not other-
wise licensed under the provisions of law,
must successfully pass an examination by
said Texas State Board of Chiropody Examin-
ers. The Texas State Board of Chiropody
Examiners is authorized to adopt and en-
force rules of procedure not inconsistent
with the statutory requirements. The ex-
aminations shall be written or practical
and in the English language, and all appli-
cants that possess the qualifications re-
quired for an examination and who shall
pass the examinations prescribed with a
eneral average of seventy-five per cent
'i75%) In all subjects and not less than
siAi3 ner cent 'I@.& in any one stio:lec't
shali be issued‘s license by the Texas State
Board of Chiropody Examiners to practice
chiropody In this State. e D . All appll-
cants shall pay to the Secretary-Treasurer
of the Texas State Board of Chiropody Ex-
aminers an examination fee of Forty Dol-
lars ($40) at least fifteen (15) days be-
fore $he dates of the re ular examinations.
0 0 0 (Emphasis added.e;
Art. 4571. "It shall be the duty of
the Secretary-Treasurer of the Texas State
Board of Chiropody Examiners;on or before
August first of each year to notify, by
mail, all Texas licensed Chiropodists at
their last known address that~the annual
license renewal fee is due ,on September
first of each year. Every registered
Chiropodist shall renew his license on or
before September first of each year by the
payment of an annual license renewal fee
of Twenty Dollars ($20) to the Secretary-
Treasurer of the Texas State Board of Chi-
ropody Examiners. If such renewal fee Is
not paid on or before December first, the
delinquent licensee shall be notified by
mall at his last known address ,by the Sec-
retary-Treasurer that such fee i%due and
unpaid and a delinquent penalty of Twenty
Dollars ($20) is assessed and shall be paid
on or before January first? If such fees
Hon. Marshall Harvey, D.S.C., page 3 (V-1435)
are not paid by January first, it shall
be the duty of the Texas State Board of
Chiropody Examiners to suspend or revoke
the said license for nonpayment of the
annual renewal and delinquent fees for
the current year. The Board shall notify
the district clerk of the county In which
such license may have been recorded and
such clerk, upon receipt of notification
from said Board, shall enter upon the
chiropody register of such county the fact
that such license Is suspended or revoked
for nonpayment of the annual renewal fee,
and shall notify the Board in writing that
such entry has been made. Practicing chi-
ropody without an annual renewal certifi-
cate for the current year, as provided
herein, shall have the same force and ef-
fect and subject to all penalties of prac-
ticing chiropody without a license, 0 o *It
In Popham v. Patterson, 121 Tex. 615, 51
S.W.2d 680, 683 (1932) It is stated:
,I
o In determining the legislative
e D
Intent, the court should not look alone to
any one phrase, clause, or sentence of the
act, but to the entire act; D ~ *"
In Webster's New International Dictionary
$,2ndEd. 1943) the word "renew:'is defined as follows:
To grant or obtain an extension of; to continue in
force for a fresh period; as, to renew a note or a
lease."
In view of the above definition it is our
opinion, when the act is considered as a whole, that
the Legislature did not intend that a license should
be renewed simultaneously with its original issuance.
On the contrary, we belaeve the statute contemplates
that when a license is issued originally the licensee
is authorized to practice without paying a renewal
fee until the following September.
Hon. Marshall Harvey,,D.S,C., Page 4 (v-1435)
SUMMARY
The Texas State Board of Chiropody
Examiners is not authorized to collect
annual renewal fees from licensees for
the year or portion thereof during which
the original licenses were issued, but
renewal fees are due and payable on or
before the following September.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C, Davis, Jr.
Co,untyAffairs Division
Mary K. Wall
Reviewing Assistant B2#FfG%k~
Assistant
Charles D. Mathews
First Assistant
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