Untitled Texas Attorney General Opinion ( 1939 )

TEIC,*~-~ORNEP GENERAL
OPTEXAS
GERALD C. MANN AUST-IN 11.TEXAS
3&%szwa-
ATI-ORNEY Geaw!xzAL
March 14, 1939
Dr. H. (2.Towle, President
Ttixas~.Stat.6
Board of axaminers
in Optometry
Snyder, Texas
Dear Sir: Opinion No. O-392
Re: Authority of Board of Examiners
to return renewal license fees.
Your request for an opinion as to whether the Board of Examiners
in Optometry has authority to refund renewal license fees has been
received by this Department.
We have examined the statutes relating to Optometry and do notfind
any authority fdr the Board to refund license fees paid in ad-
vanae. The necessitous circumstances of the widow or family of the
deceased do not authorize the Boardsto refund the license fee in
the absence of some authority for such action. We are unable to
find any other authority for the refunding of a renewal license
fee by your Board.
Where there Is no statutory provision existing before a license
fee is collected which provides for its return or refund upon the
happening of certain contingencies, no refund of such fees may
be made, either by the Legislature or any other official of th6
State gotiernnient.See Blttlok vs. City of El paso, 247 SW 892;
Austin National Bank vs;Sheppard, 71 SW 242. See also Article
3, Section 44 of.the Constitution of Texas. _
It is the opinion of this Department Chat your Board does not
have the authority to refund the license fees after they have
been paid.
Very truly yours
ATTORNEY GENERAL OF TEXAS
..,.._.
s/ Morris Rodg&s
blR:AW/og
APPROVED: By .~
s/ Gerald C. Mann Morris Hodges
ATTORNEY GENERAL OF TEXAi Assastant