Untitled Texas Attorney General Opinion

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The Attorney General of Texas
Deader 20. 1984
JIM MAllOX
Attorney General
Me. Candy Moore Opinion No. JM-278
Suprmr Coufl Building
P.0. BOX12549 Executive Officer
Austin. TX. 79711. 2Y9 Polygraph Examiners Board Re: Meaning of “issnediately
512l4762SOl 5805 North Lamar preceding” for the purposes of
Telex 9lWS7113s7
P. 0. Box 4087 section E(a)(2) of article
Telecopier SW4750286
Austin, Texas 78773 4413 (294, V.T.C.S., the
Polygraph Examiners Act
714 JacksOII. SUilO 700
D~IIW. TX. 75202GC6 Dear Ms. Moore:
21U742-9944
YOU request ,an opinion of this office as to the meaning of the
4824 *Iberia Ave.. Suite 180 words “immediatel:r preceding” as used in section 8(a)(2) of article
El Paw. TX. 7990!5-2793 4413 (29``). V.T. C.S., the Polygraph Examiners Act. That section of
915153344s4 the act prescribes the qualifications necessary for a Polygraph
examiner’s license!, stating that
toot Texas. Suite 700
HOUS,O~. TX. 77002-3111 Sec. 8(a) A person is qualified to receive a
713122959.99 license es an examiner
(2)s * ’ - holds
who a baccalaureate degree from a
SW Broadway. Suits 312
college or university accredited by an
Lubbock. TX. 79401-3479
80617476239
organimtion that the board designates and that
the board determines has accreditation standards
to ensure a high level of scholarship for
,309 N. Tenth. Sulle S students, or in lieu thereof:has five consecutive
hlCAlk”. TX. 79501.1695
51216824547
years of active Investigative experience
ImmediaLely preceding his application. . . .
(Emphasis added).
200 Main Plaza. Suite 400
SW ~ntonio. TX. 792052797 Ua conclude that a:ompliance wirh the optional experience requirement
51212254191
of section 8(a)(2) requires that an applicant’s five ccnsecutive years
of experience ocf:ur just before his application: there may not be n
significant interval of time befcre the filing of the application.
Such an interpretation is consistent with the canons of statutory
c011structi0n. ‘The courts have held that the legislature is presumed
to have used eac’h vord intentionally. and. if the meaning cf the
language is not ambiwous. words should be plven their pla,in and
ardina? menuing . cameron V. Terre11 and Garrett. !nc.. 618 S.K.?d
535 (T-ax. 1981); Taylor v. Firemen’s and Policemen’s Civil Service
Cammission cf C,tl:y_ of l.ubbock. 616 S.W.?d 187 (Tex. 1981); w
i
Ms. Candy Moore - Page 2 (J&278)
Sherrod and Co., Inc., v. Tr:.-~Elecrrlc Supply Co., Inc., 535 S.W.Zd 31
Tkex. Civ. ADS. - Tyler 197lL, uric rrf’d n.r.a.). Since Black’s Law
Dictionary ii5 (5th ld. l!K’9), defines “ltmtedlately” as “without
interval of time.” section 3(a)(2) clearly refers to the five years
directly proximate to the fiL:lng of the application.
If the legislature had wanted to permit a delay between the
experience and the application, it would have indicated this fact, as
it explicitly dld in the Real Estate License Act. In that statute the
legislature purposefully j,nserted a grace period. requiring an
applicant to fu&ish proof
that he Is a 1:lcensed real estate broker in
another state, [ar,d] that he has had not less than
two years’ active experience . . . during the
36-month period lmmedlately preceding the filing
of the applicatior~ . . .
V.T.C.S. art. 6573a. 17(h)(:!) (Emphasis added).
The words “isnuedlately ,preceding.” as used in section 8(s)(2) of
article 4413 (29``). V.T.C.S., the Polygraph Examiners Act. requiring
as an alternative to a b.accalaureate degree five years of active
investigative experience “i!mnediately preceding” the application, mean
the five years nearest to thle filing of the application.
SUFlMARY
The words “lmrPtrdiately preceding.” as used in
section g(a)(2) of article 4413 (29cc), V.T.C.S.,
the Polygraph Examiners Act, requiring as an
alternative to a baccalaureate degree five years
of active invest~lgative experience “imediately
precedjng” the trpplicatlon. maan the five years
nearest to the f!.l.ing of the application.
J k
Very truly you
&
JIM t4ATTOX
Attorney General of 'Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attomey General
P. L233
Ms. Candy Moore - Page 3 (JH-278)
RICK CILPIN
Chairman, Opinion Cownittcc~
Prepared by Rick Cilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
Tony Gulllory
Jim Noellinger
Jennifer Riggs