Honorable Carl L. Svensen, Secretary 

Texas State Board 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 of your recent request for the opinion of--this 

deparbment read as follows: 

"Application for registration as a Professional Engineer 

in Texas is contemplated by two applicants who are not 

citizens of the United States. 

'(9 ?4 9 9 

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

749 can an engineer who is not a citizen of.,the United States 

be registered as a Professional tigineer in Texas?" 

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 or by implication we think without 

question they may 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.silent with 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 such person Is legally qualified by registration to 

practice the'said profession in his own State or Country 

9 it *" (Rnphasis ours) Sec. 20(b) permits a recent resident to - 
Honorable Carl L. bvensen - page 2, O-6618 

practice engineering in Texas pending the consideration of 

his application for reglstration‘by the'Board, "9-u-0 provided, 

that such a person is legally qualified to practice said 

fession in his own State or Country i+ (I i:" (Emphasis ours P 

ro- 

. 

Ire think the implication is clear from the above language, in 

the absence of other legislative expressions on the question, 

that lt was the intent of the Legislature to permit the 

registration of aliens meeting all other requirements of the 

law and we so hold. Under somewhat different statutory provisions this department has held that aliens may be registered 

as architects in Texas. (Opinion NO. O-4215) Also, that 

aliens are registerable as professional nurses.. 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 for drofessional hngineers 

while Sec. 12(e) thereof states that, "* + 9 any engineer 

licensed under this Act shall be eligible to hold any 

appointive engineering position with the atate of Texas." 

These provisions do not effect our holding as we are bound, 

in construing a statute, to harmonize its parts, if possible, 

so that effect will be given to the whole. 

Sec. 4 is a specific provision dealin 

39 Tex. Jur. 209. 

with the.qualiflcatlons 

of Board members only while Sec. 12(e 7 is general and has 

application in many 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 vieyrs on this matter will be 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