THE~~WTORNEY GENEKAL 

OF-TEXAS 

GROVER SELLERS Auwrxiw 11. TEXAR 

*-I-lvmaNKY (3muIcEaAL 

Honorable Nelson Creeman, Secretary 

Texas State Board of Examiners in Optometry 

Majestic Bullding 

San Antonio, Texas 

Dear Sir: Opinion No. O-6552 

Re: Under the facts stated, the 

Board is not authorized to 

accept the application of a 

person for examination for 

license to practice optometry 

in the state of Texas. 

Your recent letter requests this department83 opinion 

as to whether or not the Texas State Board of Examiners 

in Optometry is authorized to permit an applicant to take an 

examination in this State under the following faot situation. 

The applioant enrolled in a school for optometry in September 

1922, graduated from said school in June 1924; at that time 

he was not a resident of the state of Texas and has not been 

in the aotual practice of optometry zinoe his graduation in 

1924 from the school of optometry. Applioant is now a resident of Texas and on December 8, 1944, while a resident of 

Dallas, Texas, he obtained a license to practice optometry 

in the State of Nebraska; but has not been in actual practlee 

in that or this State. This, we believe, briefly summarizes 

the facts stated in your letter, as well as the exhibits attached thereto, requesting this departmentps opinion on the 

facts stated. 

The applicant graduated from the Needles Institute of ' 

Optometry in June 1924, and at that time under the then 

statutes of the State of Texas he would have been eligible 

to take the examination. 

The 57th Legislature, 1921, First Called Session, Chapter 51, 

page 159, passed an Act defining and regulating the 

practice of optdmetrg in Texas and created a board of 
Honorable Nelson Creeman, Secretary, page 2 O-6552 

examiners o The Codifiers of the Revised Civil Statutes of 

Texas) 1925, plaoed the 1921 Act in Chapter 1,O of Title 71 

of the Revised Civil Statutes of 1925, same being Articles 

4552-4566, bnolusive, of the Revised Statutes of 1925. 

That part of the 1921 Aot pertinent to your inquiry, being the gro’ted portion of Seotlon 11 of said Act, 

is as follows 8 

t%.eo. 11. 

praotioe 

Every person desiring to begin the 

of optometry after the passage of this 

Aot shall make application for license by presentlng to the secretary of the Board, on blank forms 

furnished by the Board, satisfactory evidence, 

varified by oath, that he or she has attained the 

age of twenty-one years, is of good moral oharaeter, has the neoezzary preliminary education and 

has graduated from a school of optometry maintaini n a 8 an ar w o mee s wi 

said Board, or has studied op,tometry in Texas 

not less than two years in the office of an opEometrizt licensed under This Aot, before taking the 

examination which shall be prescribed by the Board, 

0 0 . the Board shall have authority, at its dlsaretlon, to recognize the license which has been 

issued, after full examination, by State Board of 

_. Examiners In Optometry of other states having a 

standard of education in optometry satisfactory 

to the Texas State Board of’ Examiners Ln Optometry 

and may issue to such persons a license to practice 

optometry in Texas, or ln its discretion, may admit for full examination any person presenting an 

unrevoked certificate of examination from the Board 

of Examiners of any other State. 

I, 0 e 0 ” (EFmphasis ours ) 

The above quoted parts of Section 11 were brought 

forward into the Revised Civil Statutes of 1925 as Articles 

4557 and 4560. 

as followz: 

Article 4557 of the original 1925 eodlfieatl,on fs 

“Art. 4557 o Application for license.---Prhoever 

desires to begin the practl.oe of optometry shall 
Honorable Nelson Creeman, Secretary, page 3 O-6552 

make application for license by presenting to the 

seoretary of the board, on forms furnished by the 

board, satisfactory sworn evidence that he or she 

has attained the age of twenty-one years, is of 

good moral character and has praduotsd from a 

school of oDtometrs maintaining a standard whieh 

meets with the requirements of said board, or has 

studied optometry in Texas not less than two years 

in the offioe of an optometrist licensed under 

this law :;efore taking the examination which shall 

be prescribed by the board.” (Emphasis ours) 

,Article 4560 of the origIna codification of 1925 

is as follows: 

"Art. 45600 

have authority, 

atR;.o;p~;;~;;;i;- Tte, ;z;;&;;iTl 

the license which has been issued: after full examinat ion, by State Board of Examiners in Optometry 

of other states having a standard satisfaotory to 

the Texas State Board of Examiners in Optometry 

and may issue to such persons a license to practioe optometry in Texas, or in its discretion, may 

admit for full examination any person presenttig 

an unrevoked certificate of examination from the 

Board of Examiners of any other state.” 

In 193g9 Acts of the 46th Legislature, page 360, 

Article 4557 was amended so that it read as follows: 

“Every person desiring to practice optometry 

in the State of Texas shall be required to pass 

the examination given by the Texas State Board of 

Rxaminers in Optometry. The applicant shall make 

application by presenting to the Secretary of the 

Board, on forms furnished by the Board, satisfactory sworn ev*.dence that he has attained the age of 

twenty-one (21) years, is of good moral character, 

is a citizen of the United States, and has at least 

graduated from a first grade high school or has a 

preliminary education equivalent thereto permitting 

matriculation in the University of Texas, and that 

he has attended and graduated -from a rep&able university or college of optometry and which meets 

with the requirements of the Board, or has studied 
Honorable Nelaon Creeman, Searetary page 4 C-6552 

optometry not less than four consecutive calendar 

years in the offioe of an optometrist licensed 

,under this Aot. and has the preliminary high school 

eduoation provided for in this section, before beginning his studies, and provided that any person 

desiring to qualify ln this manner shall file with 

the Board on blanks presoribed and furnished by 

&he Board satisfaotory proof, upon the beginnin 

of his studies, as aforesaid, within thirty (30 ‘f 

days thereof, and full and complete satisfaotory 

proof upon the oompletion of his studies within 

thirty (30) days thereof. 

“A university of sohool of optometry is reputable whose entranoe requirements and course of 

3?i8%ation are as high as those adopted by the 

better class of universities and sohools of optometry and whose course of inatruotion shall be the 

equivalent of not less than four (4) teras of eight 

(E&;~~;s;)aoh and approved by the Board.; (EmAnd the same 1939 Aot also repealed the reolproaity 

provision of Artiole 4300 so that now In Tsxaa we do not have 

any optometry reolprooity with other states. 

Article 4569 with reference to the conduct of examinations, notioe, registration etc. waa also amended by the 1939 

Act by adding thereto the following paragraphs 

II 

. . . 

i,Prov5ded that no provision of this section 

shall apply to any qualified person who in good 

faith began the study of optometry under the PPOvisions of Chapter 61, Aota of the Thirty-seventh 

Legislature, First Called Seoclon, prior to the 

effeotlve date of this Act, and who shall, within 

thirty (30) days after suoh effective date, register with the Seoretary of the Board, under proper 

rules of the Board, satisfaotory proof of the beginning of auoh study, together with suoh other 

related faots aa the Board may require. 

son failing to renister with the seoretar $?sE 

Board as herein provided shall be deemed to have 

waived al 1 rights under the provisions of Chapter 
Honorable Nelson Creeman, Secretary, page 5 O-6352 

51, Acts Thirty-seventh Legisla,ture, First Called 

Session. Acts 1st C.S. 1921, p0 159; Acts 1939, 

‘46th Leg*, pa 360, S. 6.” (Emphasis ours) 

The same Legislature, 46th Legislature, H. C, R. 

No. 212 found on page 849 of the Acts of the 46th Legislature 

passed a concurrent resolution stating that the first sentence 

of the above quoted paragraph which reads “Provided that no 

provision of this seotionw should have read “Provided that no 

provision of this Act.” 

It cannot be questioned but that the State has the 

power to set standards or qualifications and impose reasonable 

restrictions upon those seeking to practice a profession and 

that these standards or qualifications can be changed from 

time to time. This inherent power of the State exists in order to determine the competency or capacity of persons seeking to engage in professions or callings or t‘nose vocations 

vitally related to the conserving of the public welfare snd 

the public safety, It is manifest that the Legislature intended to raise the requirements andqualifications of optometrists and that it amended the statutes by substituting the 

period of required study from two to four years; and slnee 

the applicant did not preserve his righ~ts in the matter his 

attempt to do so now comes too late. 

It is our opinion that since the person named in 

your communication has failed to comply with Article 4559 as 

amended, his application now comes too late and he, therefore, 

is prohibited from taking the examination. 

Trusting that the foregoing fully answers your inquiry, we are 

Yours very truly 

DW smp/PAM 

APPROVED MAY 23, 1945 

GROVER SELLERS 

ATTORNEX GENERAL OF TEXAS 

ATTORNEY GENERAL OF TEXAS 

BY Dav1.d Wuntch 

AssEstank 

APPROVED OPINION COMMITTEE 

BY GwI[, CHAIRMAN