THE ATITORNEY GENERAL 

'! OF %-EXAS 

Mr. Carl C. Hardin, Jr. Opinion No. M-1168 

Executive Secretary 

Texas State Board of Dental Re: Whether dentists and 

Examiners dental hygienists 

319 Capital National Bank Bldg. licensees who were 

Austin, Texas 78701 delinquent in their 

annual ,registration 

fees as of March 1, 

1912, are permitted to 

pay annual registration 

Dear Mr. Hardin: 

fees at the rate set by 

law at the time they 

became due. 

you request our opinion as to whether dentists and 

dental hygienists who are delinquent in their annual registration fees~as of March 1, 1972,, shall now pay their delinquent 

fees at the rate set by law at the time they became due or at 

the higher rate now set by law. 

Section 2 of Article 4550a, Vernon's Civil Statutes, 

as amended in 19711 includes the following language: 

II . . '. Provided, that such license shall 

be reinstated at any time within three years 

upon written application of then holder made to 

said Board . . . accompanied by the payment of 

the annual registration fees in arrears and an 

additional fee of Five Dollars ($5). . . ." 

1 Acts 62nd Deg., R.S., 1971, Ch. 375, p, 1391, 1392, S.B. 410. 

-5?02- 

L 
I&. Carl c. Hardin, Jr., Page 2, (M-1168) 

Section 6 of Article 455le, Vernon's Civil Statutes, 

as amended in 19712 includes a similar provision relative to 

a dental hygienist. 

We are of the opinion that in collecting fees required for reinstatement of the license of a dentist or a 

dental hygienist, the Board shall collect the fee provided 

for under the law in effect at the time of the collection. 

Under Section 1 of Article 4550a, as amended in 

19713 the registration fee for a dentist may be from $12 to 

$50 as determined by the Board. Under Section 6 of Article 

4551e, as amended in 19714 the registration fee for a dental 

hygienist may be from $10 to $25, as determined by the Board. 

When the Board has adopted, under these statutes, 

the fee for the ensuing registration, it must collect the same 

amount for each year an eligible individual who desires to be 

reinstated is delinquent, plus the $5 'additional fee. 

It is our opinion that the Legislature intended these 

statutes, as amended, to govern all annual registration fees 

from the time the statutes take effect, with the Board to collect 

the fees prescribed by the amended statutes without regard to 

fees set by older laws. 

The Act which amended these statutes' contains a 

general repealer clause which reads, 

2=., p. 1393. 

3=., p. 1391. 

au. 

5 Ibid. 

-5703- 
m. Carl C. Hardin,,Jr., page~,3,. (M-1168) 

"All laws or parts of laws in conflict 

herewith are hereby repealed." 

Therefore, the only statutes prescribing fees for reinstatement 

of either kind of license are those enacted in 1971. When the 

new law took effect, before the applicant may have his license 

renewed, he must pay his dues at the new rate, plus the amount 

of penalty assessment on the dues in arrears. This has been 

the past interpretation of this law by this office. Atty. Gen. 

Opin. No. O-5592 (1943). 

Retrospective imposition of penalties on delinquent 

taxpayers or licensees violates no constitutional provision. 

See League v. Texas, 184 U.S. 156 (1902). 

-e---w- SUMMARY 

Reinstatement of licenses of dentists and 

dental hygienists requires the payment of that 

amount for each year delinquent at the rate fixed 

by the Dental Board as prescribed by the 1971 

Amendment to Article 4550a, V.C.S. 

truly yours, 

Prepared by James 8. Swearingen 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

-5704- 
Mr. Carl C. Hardin, Jr., page 4, (M-1168) 

Max Hamilton 

Bill Flanary 

Ben Harrison 

Jack Sparks 

SAMUBL D. MCDANIEL 

Staff Legal Assistant 

ALFRBDWALKBR 

Executive Assistant 

NOLA WHITE 

First Assistant 

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