## THE ATITORNEY GENERAL '! OF %-EXAS

Mr. Carl C. Hardin, Jr. OpinionNo. M-1168 Executive Secretary TexasState Board of Dental Re: Whether dentists and Examiners dentalhygienists 319 CapitalNational Bank Bldg. licenseeswho 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 towhether dentists and dentalhygienistswho 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 includesthe following language:

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. . '.Provided, that such license shall be reinstated at any timewithin three years uponwritten application of then holder made to said Board . . . accompaniedby 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.

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LI&. Carl c. Hardin, Jr., Page 2, (M-1168)
Section 6 of Article 455le,Vernon's Civil Statutes, as amended in 19712 includes a similarprovision 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 feeprovided 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 dentistmay be from $12 to $50 as determinedby the Board. Under Section 6 of Article 4551e, as amended in 19714 the registrationfee for a dental hygienistmay be from $10 to $25, as determinedby 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 individualwho desires to be reinstated is delinquent,plus the $5 'additionalfee.

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 statuteswithout regard to fees set by older laws.

The Act which amended these statutes' contains a general repealer clausewhich reads, 

# 2=., p. 1393. 3=., p. 1391. au. 5 Ibid.
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"All laws or parts of laws in conflict herewith are hereby repealed." Therefore, the only statutesprescribing fees for reinstatement of either kind of license are those enacted in 1971. When the new law took effect, before the applicantmay 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 interpretationof this law by this office. Atty. Gen. Opin.No. O-5592 (1943).

Retrospective impositionof penalties on delinquent taxpayers or licenseesviolates no constitutionalprovision. See Leaguev. Texas, 184U.S. 156 (1902). SUMMARY -e---w- Reinstatementof licenses of dentists and dentalhygienists requires the payment of that amount for each year delinquent at the rate fixed by the Dental Board as prescribed by the 1971 Amendment toArticle 4550a,V.C.S. truly yours,

Preparedby James 8. Swearingen AssistantAttorney General APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman

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Max Hamilton Bill Flanary Ben Harrison Jack Sparks SAMUBL D. MCDANIEL Staff LegalAssistant ALFRBDWALKBR ExecutiveAssistant NOLA WHITE FirstAssistant

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