Untitled Texas Attorney General Opinion

Hon. J. M. Fakkner, Commissioner Opinion No. C- 104
Finance Commission
Department of Banking Re: Whether Section ~7(a) of S. B.
Austin 14. Texas 15, Acts 58th Leg., R. S. ,
1963, ,ch. 205, p. 550,
codified as Art. 6165b., V.C.,S.,
is ambiguous, and, if so, are
applicants for one or more
licenses requir,ed to pay an
investigation fee of $200.00
for each license applied for
in addition to the annual
license fee.
Dear Mr. Falkner:
Your request for an opinion on the referenced subject poses the following
vestion:
“The Finance Commission feels that the emphasized phrase-
ology (s,et out completely below) of Section 7(a) is somewhat
ambiguous and therefore requests’your opinion as ,to whether
the applicant for one or more licenses shall pay an investiga-
tion fee of $200.00 for ,each license ,applied for in addition to
the annual fee: ”
The pertinent Section is set out below with your emphasis included:
“Application for a license shall be under oath, shall give
the approximate location from which the business is to be
conducted, and shall contain such relevant information as
the commissioner may require including identification of the
principal parties in interest, to pr.ovide the basis for the
findings necessary under Section 8. When making application,
for one or more licenses, the applicant shall pay Two
Hundred Dollars ($200) to the commissioner as aninvesti-
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Hon. J. M. Falkner, page 2 (C-104 )
gation fee and One Hundred Dollars ($100) for each
license as the annual fee provided in Section 9(b) of this
Act for the current calendar. year, provided if a license
is granted after June 30th in any year such fee shall be
Fifty Dollars ($50) for that year.” (Emphasis added)
We feel that the section is without ambiguity and that the use of the
phrase “for one or more licenses” modifies or applies to the singular applica-
tion, and the words “each license” apply to the annual license fee.
The legislative intent is to be determined from the lannuaae of the
statute; Gilmore v. Waples, 108 Tex. 167, 188 S. W. 103,7 (1916); Magnolia
Petroleum Co. v. Walker, 125 Tex. 430, 83 S.W.2d 929 (1935), cert. den.
296 U.S. 623. The pertinent language to which you refer is certainly unique.
Neither the report of the Texas Legislative Council, Number 57-1, The Small
Loan Business in Texas ,Through 1961 and the two proposed Acts included
therein;,the Model Consumer Finance Act;, the Uniform Small Loan Act, Seventh
Draft; nor the forty-three (43) states with comparable statutes have provisions
which include the words “for one or more licenses”, or “each license” in the
section dealing with applications, investigation fees, and annual license fees.
However, they are all quite similar in that tbey,follow the wording of the
Uniform Act very closely. Further, there are only two (2) reported cases
concerning the section, and they deal with the amount of the fees. It is our
opinion that the Texas Legislature, ,took notice of the fact that a given applica-
tion might be “for one or more licenses 1’and provided for one investigation fee
per application. This result is confirmed when we follow the dictates set out
in Orsinger v. Schoenfeld, 269 S.W.2d 561 (Tex..Civ.App. 1954, err. ref.,
n. r. e; ) which said that, ‘IIt is an elementary rule of construction that effect
must be given, if possible to,every word, clause and sentence of a statute, ”
citing Texas Bank & Trust.Co. v. Austin, 115 Tex. 20,1, 280 S.W. 161 (1926).
You are, therefore, advised that it is our opinion that the investigation
fee to be charged for a single application, whether it be for one or more licenses,
is $200.00.
SUMMARY
The Regulatory Loan Commissioner of Texas
pursuant to~section 7(a), S. B. 15, Acts ,58th Leg. ,
R.S.) 1963, ch. 205, p. 560, codified as Art.
6165b, V.C.S., may charge only,$200.00 as in-
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Hon. J. M. Falkner, page 3 (C-lo? )
vestigation fee per application whether the
. .
appllcatton be for one or more licenses.
Very truly yours,
WAGGONER CARR
Attorney General of Texas
RER:lmc
APPROVED:
W. V. Geppert, Chairman
John Reeves
Ben Harrison
J. S. Bracewell
Howard Fender
APPROVEDFORTHEATTORNEYGENERAL
BY: Stanton Stone
r
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