Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
September 22, 1981
MARK WHITE
Attorney General
Honorable Woodrow W. Mix, P.E. Opinion NO. MW-368
Executive Director
Texas State Board of Registration Re: License renewal
for Professional Engineers provisions of Texas
P.O. Drawer 18329 Engineering Practice Act
Austin, Texas 78760
Dear Mr. Mize:
You have requested our opinion regarding recently enacted
licensing renewal provisions of article 3271a, V.T.C.S., the Texas
Engineering Practice Act.
Prior to its recent amendment, §16 of article 3271a provided
that:
It shall be the duty of the Board to notify
every person registered under this Act of the date
of the expiration of his certificate and the
amount of the fee that shall be required for its
renewal for one year; such notice shall be mailed
at least one month in advance of the date of the
expiration of said certificate. Renewal may be
effected by payment of a renewal fee set by the
Board not to exceed Forty-five Dollars ($45.00).
The Board is hereby given authority and duty to
determine the amount of such renewal fee required
to effectively carry out the administration and
enforcement of all the provisions of this Act.
Failure on the part of any registered engineer to
renew his certificate annually shall not deprive
such person of the right of renewal, but the fee
to be paid for the renewal of a certificate when
the renewal is past due shall be increased ten
percent (10%) for each month or fraction of a
month that renewal payment is delayed; provided,
however, that the maximum fee for delayed renewal
shall not exceed twice the normal renewal fee.
Senate Bill No. 402. Acts 1981, 67th Leg., ch. -, *t -,
amended section 16 to read, in its entirety:,
Woodrow W. Mize - Page 2 (MW-368)
"Section 16. EXPIRATIONS AND RENEWALS. (5) It
shall be the duty of the Board to notify every
person registered under this Act of the date of
the expiration of his certificate and the amount
of the~fee that shall be required for its renewal
for one year; such notice shall be mailed at least
one month in advance of the date of the expiration
of said certificate.
(b) A person may renew an unexpired license
by paying to the Board before the expiration date
of the license the required renewal fee.
(c) I'f a person's license has been expired
for not longer than 90 days, the person may renew
the license by paying to,the Board the required
renewal 'fee and a fee that is one-half of the
application fee for the license.
(d) If a person's license has been expired
for longer than 90 days but less than two years,
the person oay renew the license by paying to the
Board all unpaid renewal fees and a fee that is
equal to the application fee for the license.
(e) If a person's license has been expired
for two years or longer, the person may not renew
the license. The person may obtain a new license
by submitting to an examination to be determined
by the Board and complying with the requirements
and procedures for obtaining an original license.
The amended version of section 16 became effective on September 1.
1981. You ask: Y
1. Do the penalty provisions of Section ~16.
subsections (c) and (d) apply to all licenses
renewed after September 1, 1981, regardless
of the date the license expired?
2. Can a license that has been expired for two
years on September 1. 1981, be renewed?
In effect, you ask whether Senate Bill No. 402 provides a grace for
persons whose licenses have expired prior to September 1, 1981, the
effective date bf the amendment.
A literal reading of Senate Bill No. 402 indicates that its
provisions are applicable to every licensee who occupies a particular
status on September 1, 1981. Under such a construction, an individual
whose license had expired on July 1, 1979, would not, under subsection
p. 1232
. . Vrwdrow W. Mize - Page 3 (MW-368)
(e), he permitted to obtain a renewal, but would be required to
fulfill the requirements for obtaining an original license.
In our opinion, the amendment to section 16 is clear and
unambiguous. A plain and unambiguous statute should be construed
accordingly to its literal meaning. Brazes River Authority v. City of
Graham, 354 S.W.2d 99, 109 (Tex. 1961). Furthermore, it is well
established that exceptions to statutes may not ordinarily be i~mplied.
Spears v. City of San Antonio, 223 S.W. 166, 169 (Tex. 1920); Stubbs
v. Lowrey's Heirs, 253 S.W.2d 312, 313 (Tex. Civ. App. - Eastland
1952, writ ref'd n.r.e.); Nail v. McCue, 55 S.W.2d 211, 213 (Tex. Civ.
APP. - El Paso 1932, no writ). Where the legislature has intended to
except certain classes of persons from the requirements of licensing
statutes, or to provide a period of grace, it has done so in explicit
terms. See, e.g., Acts 1975, 64th Leg., ch. 709, 53, at 2253 (persons
engaged in business of structural pest control for a period of two
years granted two-year grace period before having to comply with
examination requirements); V.T.C.S. art. 6243-101 §lO (persons holding
existing plumbing licenses from a city are exempt from examination
requirements for state li~censingas plumber if they apply within 120
days from effective date of statute); V.T.C.S. art. 4413(29aa) §6(a)
(persons who were peace officers prior to effective date of statute
need not meet certain requirements in order to continue employment as
peace officers). We conclude that the penalty provisions of section
16 apply to all licenses renewed after September 1. 1981, regardless
of the date the license expired. In addition, a license.that expired
more than two years prior to September 1, 1981, may not be renewed.
SUMMARY
The penalty provisions of the amendments to
section 16 of article 3271a, V.Trznfw.,dapply to
all engineering licenses after
September 1, 1981, regardless of the date the
license expired. A license that has been expired
for more than two years prior to September 1,
1981, may not be renewed under the terms of the
amendment.
3=-&g
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
P. 1233
Prepared by Rick Gilpin
Assistant Attorney General
~APPROVED:
OPINION COMMITTEE
Susan L. Garrison. Chairman
Jon Bible
Robert W. Gauss
Rick Gilpin
Jim Moellinger
p. 1234