# TFIEA~ORNEYGENERAT~ OF TEXAS
Au-. TEXAS w3n1

August 11. 1975
The Honorable Leonard M. Riggs Chairman Texas State Board ofLandscape Architects 320 Sam Houston State Office Building Austin, Texas 78701 Dear Mr. Riggs: Opinion No. H- 664 Re: Date atwhich alandscape architect may nolonger practice without renewing his license.

You have requested OUT opinion regarding the date atwhich alandscape architect may no longer practice without renewing his license.

The practice of landscape architecture is regulated by article 249c, V. T.C.S. Section 7thereof provides as follows: All certificates of registration shall expire onthe 31st day ofAugust of each year, following their issuance or renewal and shall become invalid onthat date unless renewed. It shall be the duty ofthe secretary ofthe board to notify every person registered under this Act ofthat date ofexpiration ofhis certificate and the amount ofthe fee that shall be required for its renewal for one year; such notice shall be mailed atleast one month inadvance ofthe date ofthe expiration of said certificate. Renewal may be effected at any time during the month ofJuly or August of each year by payment of the fee as prescribed and set by the board. The fee for landscape architect’s certificate shall be not less than $10 nor more than $50. The fee for alandscape irrigator’s certificate shall be not more than $100. Failure onthe part of any registrant to renew his certificate annually, and by not later than August 31st, as required above shall not deprive such person ofthe right of renewal, but the fee to be paid for the renewal of a certificate after August 31st shall be increased 10percent for each month or fraction ofa month that renewal payment is delayed; and provided further, that if such failure to renew shall continue for more than one year after the date of expiration ofthe registration certificate, the applicant must reapply for registration andmust qualify under Section 5ofthis Act. All renewal certificates shall carry the same registration number as the original certificate. You ask whether alandscape architect may continue to practice his profession after expiration ofhis license on August 31. p. 2908-

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The Honorable Leonard M. Riggs - Page 2 (H-664)

Section 5of article 249~ provides that:

. . . noperson shall represent himself or practice inany manner as alandscape architect, as defined herein, unless such person shall be licensed as provided here- & (emphasis added). - Section 9 establishes penalties for representing oneself as alandscape architect “without being registered or exempted in accordance with the provisions of” the Act. In our view, the statute clearly prohibits aperson from practicing landscape architecture after the expiration ofhis license. Where the language of a statute is plain and unambiguous, it should be given effect as written. Gately v. Humphrey, 254 S.W. 2d 98, 100 (Tex.Sup 1952). It seems well established that:

alicense terminates by lapse oftime on the date which is fixed by statute or ordinance or by thelicensing authorities acting within their statutory powers, and the licensee may exercise the rights and priviliges granted by the license only for the term specified. 53 C. J.S., Licenses $43, at 646. Furthermore, aprior expired license ”confers no rights upon the licensee, ” except “where by statute it entitles him to a renewal upon compliance with specified conditions. ” State ex rel. Interstate Air-Part Metropolitanmm’n, 25 N.W. 2d 718 State ex rel. Gopher Sales Co. v. City ofAustin, 75 N.W. 2d 748 (Minn. 1956).

InM.M.M., Inc. v. Mitchell, 265 S.W.2d 584 (Tex.Sup. 1954). the Supreme Court considered: whether an engineer, who has been issued an original certificate

. . . is yet illegally practicing when he contracts to and does render engineering services during ayear for which hehas failed to pay his annual certificate renewal fee as required

. . . . Even though an engineer is permitted to renew his license atany time after its expiration date, he is nevertheless inviolation ofthe law ifhe practices before effecting such renewal to the extent that any contract performed byhim during that period is unenforceable. 265 S.W. 2dat 586. The Supreme Court stated that the purpose

p. 2909I -h

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The Honorable Leonard M. Riggs - Page 3 (H-664)

or requiring renewal is: both to supply an obviously important part ofthe revenues onwhich the whole operation ofthe law depends and to keep anupto date record ofpracticing engineers. Unless there is some substantial penalty to compel compliance, the burden of supporting the Board falls entirely onthose who comply while the others get thebenefits of the law but evade its obligations
. . . . a construction ofan act for theprotection oflife and health at an occasional loss to those, who somehow fail to carry its almost insignificant burdens for maintaining their high profession, also has its equitable appeal. 265 S.W. 2d at 587. And see Mabry v. Priester, 338 S.W. 2d 704, 706 (Tex. Sup. 1960). But cf. Hill v. State, 393 S.W. 2d 901 (Tex. Crim. App. 1965).

We perceive no distinction between the situations described inM. M.hf., Inc. v. Mitchell andthe failure of alandscape architect to renew his license as required by article 249~. Itis therefore our opinion that alandscape architect who holds an expired license may not practice his profession without first renewing such license. SUMMARY Alandscape architect may not practice his profession after August 31 of each year unless he renews his license. Very truly yours, A ,/ 

# u Attorney General of Texas

- Opinion Committee