'January 8;~ 1976,-:' _ 

,"I, 

~The Honorable Garland A. Picou ,Opinion Nd. 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 Therapy Examiners. 

Austin, Texas 78731, ,. 

i 'I 

Dear Mr. Picou: '. : 

you have requested our 'opinionconcerning recent amendments to article 45128, V.T.C.S., ,which changed in part the 

fee system for the examination and licensing'bf physical 

therapists and physical therapist assistants. Whereas 

sections 8 and 9 formerly provided for a $5.00 examination 

fee and :$25rOO,and $15.00 liCense,'fees respectiveiyj these 

. sections Snow provide.: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 beginning May'27,,,1975, and if so,'whether.'any 

underpayments should~be collected from those who have, taken 

examinations.since that date. 

/., ', 

Senate Bill 634~; the amending act; was signed on .May 27, 

1975, land since 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'conducted and licenses issued after May 27, 

1975 were,conducted and issued sunder the authority and thus 

under the fee schedule of 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. Popham v. *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 applicant8 mu& 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 aesietante who are temporarily vithin the State. Thie 

subeection doee not apply to applioante for licensee under 

sections 8 and 9, those applicants being governed ,by section 

11(b) which provides: 

,The board 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 completion of 

the next administered examination 

whether or not the applicant paeeee 

the examination. 

Thus section 11(b) requires the Board to ieeue a temporary 

license to applicants who 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 collected by administrative agenciee 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. 3204 
The ~Honorable Garland A. Picou - page 3 (H-758) 

A temporary license fee may 

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