Honorable Carl L. Svensen, Secretary

Texas StateBoard of Registration for Professional Engineers 511 Ewe11 Nalle Building Austin 22, Texas

Dear Sir: Opinion No. O-6618 Re: Registration of an alien 8s Professional Engineer under Art. 3271a;V.A.C.S.
Portions ofyour recent request for the opinion of--this deparbment read as follows:
"Application for registration as a Professional Engineer in Texas is contemplated by two applicantswho arenot citizens of the United States.
'(9?49 9

"The question is: under the provisions of Senate Bill No. 

## 749can an engineerwho isnot a citizen of.,the United States be registered as a Professional tigineer inTexas?"

There is a conflict of authority-in the B. Si on the constitutionality of licensing statutes barring resident aliens from certain types of businesses or professions. Jur. 470. bee 2 Am.

However, where the licensing statute does not exclude aliens expressly orby implicationwe thinkwithout question theymay qualify if they fulfill all other requirements.

The Article governing the licensing of Professional Engineers not only falls to.exclude aliens from registration,but in
our opinion, affirmatively evidences a legislative Intent to permit it. Art. 327la, Sec. 12, V.A.C.3., sets out the requirements for registration and It is.silentwith respect to any citizenship requirement. Sec. 20 sets out certain exemptions from the provisions of the Act. Sec. 20(a) permits temporary practice In Texas by a non-resident engineer "provided suchperson Is legally qualifiedby registration to practice the'saidprofession inhis own State or Country 9 it*" (Rnphasisours) Sec. 20(b) permits a recent resident to -Honorable Carl L. bvensen - page 2, O-6618

practice engineering inTexas pending the consideration of his application for reglstration‘by the'Board, "9-u-0 provided, that such a person is legallyqualified topractice said fession in his own State or Country i+(Ii:"(Emphasis oursPro-

. Irethink the implication is clear from the above language, in the absence of other legislative expressions on the question, that ltwas the intent of the Legislature to permit the registration of aliens meeting all other requirements of the law and we sohold. Under somewhat different statutory provisions this departmenthas held that aliensmay be registered
as architects in Texas. (OpinionNO. O-4215) Also, that aliens are registerable as professionalnurses.. See Opinion No. 0-6306.

You have pointed out in your request that %c. 4 of the Act prescribes citizenship as a qualification for appointment to the Ytate Board of negistration fordrofessional hngineers while Sec. 12(e) thereof states that, "* + 9 any engineer licensed under thisAct shallbe eligible to hold any appointive engineeringposition with the atate of Texas." These provisions do not effect our holding aswe are bound, in construing a statute, toharmonize itsparts, if possible,
so that effectwill be given to thewhole. Sec. 4 is a specificprovision dealin 39 Tex. Jur. 

### 209. with the.qualiflcatlons of Board members onlywhile Sec. 12(e7 is general and has application inmany situations. The specific governs the general in so far as they conflict. 39 Tex. Jur. 212. It is, therefore, our opinion that under Sec. 4 a member of.the Board must be a citizen. This conclusion doee not destroy the right of alien registrants to hold other appointive engineering positions with,tLe State of Texas under the terms of bet. 12(e).

_ We hope our vieyrson this matter willbe of some'assis~ance to you.

Yours very .truly ATTORNEY GENERAL OF TEXAS a/~ Eugene Alvis- - .~.,
_ BY EA:sd/cg APPROVED JUNE 

### a,'1945 a/ Grover Sellers ATTORNEY GENERAL OF TEXAS Eugene Alvis Assistant

Approved Opinion Committee By BBB, Chairman