Aull~lov ‘11. - 

October 29, 1949 

Brother Raphael Wilson, 0,S.O. 

Seoretary-Tpe8aurer 

Texas State Board of Examiner8 

in the Basic Sciences 

306 RaaTle Bullding 

Austin, Texas Opinion No, V-942. 

Re: 

Dear Brother Wilson: 

The responsibility of the 

Texas State Board of Bcamlnera in the Bas$c Sciences to 

deter@ne the eligibility of' 

veterana for'exemption'pu+ 

8Wnt to t38C, '23a 6f H. B. 

915, Acts 51at Leg., 1949. 

Reference Is made to .$our opinion request of 

recent date wherein yawask: 

Are Veterans ooming within the provislow of Section ,23a, House Bill 915, Acts 

0r the 51st Legislature, 1949, page 522, requirea to 8ecure exemption oertifioates from 

the Board of Examiners in Basic Sciences before they may take an examination or be 18- 

sued a llcenae,to practice the healing arts? 

p; Board has ,the responsibility of deter- 

? 

whether an applicant is exempt under 

said ct? 

Howe Bill 103, Acta Slat Legislature, 1949, 

chapter 95, page 170, more commonly referred to a8 "Basic 

Stilenoea Act' is an Act preecribing minimum edUcatIona 

8tandards ana eatabliahlng a State Board of Bxamlnera in 

the .&St0 Solenoes. Section 1 of H. B. 103 says that: 

"Ho person shall be permitted to take an 

examinat,Ion for a license to prmtioa,Cha healing arts . . . or to be granted any suoh liGentle, unless he presents to the Board . . . a 

certificate of proficiency In . . . the basic 

sciences, lesuea by the State Board of Examlnem In the Basio Sciences." 
. * 

Bra, Raphael WIlaon, page 2 (V-942) 

Rouse Bill lo3 was~amenaea by House Bill 913, 

Acta of the 51st Legislature, 1949. This was an Jot 

amending Sectiona 8, 16, and 1.8 of House Bill 103 ana 

also added a new section known as 23a. Section 2 ot 

House Bill 915 readsr 

"That Abuse Bill 103 , ‘, . be amem.le& ’ ” 

b adding a new section at the ena gi S&-~‘:’ 

t 4: on 23 to be numberbd SectI;& '23a an&*;‘,:*; 

read as Pollows: . . 

'The provl6Ions oP this Act shall t 

a+l.+ to graduates of mhools of &&' 

ar 6 who have been enrolled In their remective schools for at least one (1) year p&or 

to the time this Aot becomes law and who attended sala eohools under the G. I, Bill of 

RQhts tina we.rs bona flcle reeiaents of the 

State of Texas at the time the .~entereiZ t&e 

ti&itarg iwrvibe, provided fur t her thab Bh8.s~ 

section shall not apply to any person who en* 

terea the nt&Utemy service after Janwry +,, 

1946.'" 

In Federal Crude 

122 Tex. 21, md 56 

00, v. Pount-Lee oj.JJ&, 

2),. the coupt .s’aid?, 

“It is a PasliU&r suEe. of statute 

terpretation that an lexception make8 

the Intenf that the st8tate~ ahoultl a 

all oases not exoepteaqt' 

PQF 

gJ in 

,I' 

Oiv,~ Appr 

ronA cgty of Waco, a s.yr,aa 249 ('Per, 

twO0wt etmae 

“‘Aa a aatural result of this prinalple, 

it Pillows that where in one section a genes* 

al 1~28 ie preeeribed, which witzhout’qualffioation w0uia embrace an entire ala56 at 

subjects, and in another eeoblon a db~ikmirrt 

rule is prameribed for lndivldual aUbj8CitB of 

the name ofasa, the fatter must be ootiatmed 

a8 exceptions to the general rule, and’be 

governed by the section which is applicable ' 

to them alone,'" 
Bro. Raphael Wilson, page 3 (V-942) 

While It Is true that Section 1 of House Bill 

103 requires a certificate of proficiency in the basic 

sciences of those taking an examination for license to 

practice the healing art or before any person may be 

granteii a license, nevertheless, the exceptions and exemptions contained In Section 23a of House Bill 915 

supersede the general provisions enumerated In Section 

1 of House Bill 103 and will control. As amended, It 

Is as if Section 1 of H. B. 103 read, ‘NO person, except veterans, etc., 

aminatlon . . I 

shall be permitted to ta$e en TXor be granted a license I . . 

By reason of the foregoing we agree with your 

oonolusIon that oertIPicate8 of proficiency in the basic 

sciences need not be issued to applicants comln 

!I 

within 

the exemptions under Section 23a of House Bill 15, such 

determination to be made by the professions.1 examining 

boards. In such cases, the veterans can make their applications c¶Ireotly to the professional examining boards. 

SUMMARY 

There la. no requirement that the Texas 

State Board of Bxaminerg In the Baa10 Sciences 

Issue certificates of proficiency In the basic 

sciences to applioants (veterans and those 

studying under the 0. I. Bill) who are-exempted under Seotlon 23a of~House’Bll1 915, .Aots 

of the 51st Legislature, 1949. The responsibility to determine whether a parldcular applicant Is exenpt under said Act Is that of 

the professional exalninlng boards, 

Yours very truly, 

APPROVBb, ATTORNEY GENERAL OF TEXAS 

BU-Mtmwibh