'January 8;~ 1976,-:'

_ ,"I, ~TheHonorable Garland A. Picou ,OpinionNd. H-758,a, Chaiman ,. ,~, : , _,, I.?: Texas State Board of Physical Re; ,Fees'charged by ', ' Therapy Examiners the Board of Physical 1500 W. 3&h, Suite"'10 '. 1 TherapyExaminers. Austin, Texas 78731, ,. i 'I Dear Mr. Picou: '. :

you have requested our 'opinionconcerning recent amendments to article 45128,V.T.C.S.,,whichchanged in part the fee system for the examination and licensing'bfphysical therapists and physical therapist assistants. Whereas sections 8 and 9 formerlyprovided for a $5.00 examination fee and :$25rOO,and$15.00 liCense,'fees respectiveiyj these

.sections Snowprovide.:for no licen:s'e

fee, a $25.00 application'fee, and $50.‘OO(and,$45.00 examination.

fees, respectively. Ydu have asked us whether thehigher fees should have been collected beginningMay'27,,,1975, and if so,'whether.'any underpayments should~be collected from thosewho have,taken examinations.sincethat date.

/., ', Senate Bill 634~;

the amending act; was signed on .May27, 1975,landsince it'contained an emergency clause i't became effective on that date. A&s 1975;,64th Leg.,,': ch. 307, p. 795; 53 Tex.Jur.Zd, Statutes 5 26, and authorities cited therein. Thereafter, the Board of.Physical Therapy Examiners had no authority to issue a license except upon compliance with the fee requirements, of article'4,512e

as amended. Examinations'conductedand licenses issued afterMay 27, 1975 were,conducted and issuedsunderthe authority and thus under the **fee** scheduleof article 4512e a's amended. Accordingly,
a person who has applied for a license or taken an examination subsequent to May 27, 19.75 was:on notice of the amended fee requirements. Pophamv. *Patterson;51 S.W.Zd'680 (Tex.Sup. 1932). It is therefore our opinion that such persons were thereafter liable for the new statutory fees and must remit any unpaid portions of such fees to the Board.The Honorable Garland **A.** Picou - page 2 (H-758)

You have also aeked whether applicant8mu& pay a temporary licenee fee in addition to the application and examination fees. Article 4512e, section 11(a) provider for a $20.00 **fee** for temporary liceneing of phyeical tberapieta and aesietantewho are temporarilyvithin the State. Thie subeectiondoee not apply to applioante for licenseeunder sections 8 and 9, those applicantsbeing governed ,bysection 11(b)which provides:

,Theboard shall issue a temporary license to a person who has applied for a license and meets t& qualifications under the provision6 of Sections 8 or 9 of thie Act. Thie license expire6 upon completionof the next administered examination whether or not the applicantpaeeee the examination.
Thus section 11(b) requires the Board to ieeue a temporary license to applicantswho meet the qualifications contained in sections S(a) and 9(a). As opposed to section 11(a), section 11(b)makes no mention of any fees in addition to those provided in sections 8 and 9. We have held that fees may not be collectedby administrativeagenciee unless authorized by statute. Attorney General Opinion **H-669** (1975). It is our opinion that this principle, in conjunction with what we believe to be the clear legislative intent of section 11(b), precludes the Board from collecting **a** temporary license fee under section 11(b).

SUMMARY
The amendment of article 4512e,V.T.C.S., relating to licensee for physical therapiete and aeeietante
war effective **May** 27, 1975. All persons applying for a license or taking an examination after that date must pay the feee provided therein.

p.3204The ~Honorable Garland A. Picou - page 3 (H-758)

A temporary license feemay not be **collected** when such a license is issued under article 4512e, section 11(b).
,Tery truly yours, 

# ($!%L~L~

Attorney General of Texas

Opinion Committee jwb

p.3205