Untitled Texas Attorney General Opinion ( 1971 )

.
September 23, 1971
Honorable Jack Burton, 'O.D. Opinion No. M- 958
Chairman
Texas Optometry Board Re: (1) Whether the Board may use
603 West 13th Street P115 certain material as written
Austin, Texas 78701 examinations for licenses:
and:
(2) Whether Article ,4552-215(c)
Vernon's Civil Statutes, of
the Texas Optometry Law
Dear Dr. Burton: is constitutional?
Your request to this office for an official opinion poses
two questions:
1. Whether or not the Texas Optometry Board is authorized
to use a written examination developed by the International
Association of Boards of.Optometry, rather than the written
examination ordinarily given under ~the Texas Optometry Law,
to test applicants.
2. Whether Article 4552-2.15(c), Vernon's Civil Statutes,
is constitutional?
Your first question is given a qualified affirmative answer.
The Board may use the written examination made available by
the International Assoication of Boards of Optometry or any other
written examination apnroved by the Board, but only so long as the
examination given to applicants complies in all material respects
with the requirements'set out in Articles 4552-3.05 and 4552-3.06,
Vernon's Civil Statutes.
Article 4552-3.05 is quoted as follows:
"The examination shall consist of written, oral
or practical tests, in practical, theoretical, and
physiological optics, in theoretical and practical
optometry,ad in the anatomy, physiology, and path-
ology of the eye as applied to optometry and in such
other subjects as may be regularly taught in all re-
cognized standard optometric universities or schools."
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Honorable Jack Burton, page 2 (M-958)
Article 4552-3.06 states:
"All examinations shall be conducted in writing
and by such other means as the board shall determine
adequate to ascertain the qualifications of applicants
and in such manner as shall be entirely fair and im-
partial to all individuals and every recognized school
of optometry. All applicants examined at the same
time shall be given the same written examination."
It is observed that in implementing the requirements set out
above the Board may require such other means they determine ade-
quate to
. ascertain
-. . the qualifications of applicants,
-_ . . _ -. and, _they
.
may stipulate in sucn manner as snail 136entirely rair and im-
partial to all individuals and every recognized school of op-
tometry.
we answer your second question in the affirmative. Article
4552-2.15(c) is quoted as follows:
l'(c) The funds realized from annual renewal
fees shall be distributed as follows: $10 of nach
renewal fee collected by the board shall be dedi-
cated to the University of Houston Development Fund.
The license money placed in the development fund
pursuant hereto shall be utilized solely for
scholarships and improvements in the physical
facilities, including library, of the,School of
optometry.
"The remainder of the fees attributable to
annual renewal fees and all other fees payable
under this Act shall be placed in the state treas-
ury to the credit of a special fund to be known as
the 'Optometry Fund,' and the comptroller shall upon
requistion of the board from time to time draw war-
rants upon the state treasurer for the amounts spec-
ified in such requistion; provided, however, the
fees from this optometry fund shall be expended as
specified by itemized appropriation in the General
Appropriations bill and shall be used by the Texas
Optometry Board, and under its direction in carrying
out its statutory duties."
Moneys appropriated by the Legislature may be expended for
the purpose or purposes specified, provided the purpose is for a
public or governmental use as distinguished from private uses.
Honorable Jack Burton, page 3 (M-958)
State v. Citv of Austin, 160 Tex. 348, 331 S.W.2d 737 (1960);
v. Winden,
Bexar County '.. ..____-~110 Tex. 339, 220 S.W. 761 (1920); Road
District No. 4, Shelby'County v. Allred, 123 Tex. 77, 68 S.W.2d
11934); Jefferson County v. Board of County and District Board
Indeljtedness, 143 Tex. 99, 182 S.W.2d 908 (1944); City of Aransas
Pass v. Reelinq, 112 Tex. 339, 247 S.W. 818 (1923).
It is our opinion that the purposes specified in Section 2.15(c)
of this Article are governmental purposes or uses as distinguished
from private purposes or uses and thus there are no constitutional
prohibitions.
SUMMARY
The Texas Optometry Board may use the written
examination made available by the Internatioral
Association of Boards of Optometry or any other
written examination approved by the Board, but only
so long as the examinations given to applicants comply
in all material respects with the requirements set out
in Articles 4552-3.05 and 4552-3.06, Vernon's Civil
Statutes.
Article 4552-2.15(c) Vernon's Civil Statutes, of
the Texas Optometry Law, is oonstitutional.
i'
ney General of Texas
Prepared by Sam Jones
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
w, E. Allen, Co-Chairman
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Honorable Jack Burton, page 4 (M-958)
Jim Swearingen
Brandon Bickett
A. J. Gallerano
Howard Fender
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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