Mr. Thomas W. Brown,Administrator **OPiniOn** 140.**6 884** 

Texas Board of Private Detectives, Private Investigators,Private RC?: Construction of Article Patrolmen, Private Guards and 4413 (29bb1,V.C.S. Managers with reqard to denial 509 Sam Houston State Office Bldq. Austin, Texas 78701 of license to a person convicted of a felony. Dear Mr. Brown:

In your **recent** letteryou have referred to Artic',le 4413 (29bb),,

Vernon's Civil Statutes 3(a) and 18 o,fthat statute, , specifically to Sections and reque~sted

our opinion as to whether your Board can deny a license to an applicant on the ground that he or **she** is 

### a convicted felon reqardles,s of the date of the conviction,

Section 18 provides, in part, as follows: "Aftera hearing the board may **deny** a license unless the applicantmakes a sh,awinq satisfactory to the board that the applicant, if an individual,, has not, or if the applicant is a person other than an individual, **tha:t** its manager and each of its officers, directors, and partners, have not 'I(11,
. . . **” (2)**  **., .**  **.** U (3~) committed,

any act resultlnq in conviction of a felony or a crime 'involving moral turpitude;" We are of the ooinian that this provIsion of the statutemakes discretionarywith the Doard the question of whether a licensewill be denied because af conviction of a felony. The applicablerule of sratutory construction is stated in 53 Texas Jurisprudence 2d 31-32, Section 16 as follows:

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Mr. Thomas W. Brown, paqe 2 (M-884)

II

. . . On the other hand, 'may'ordinarily connotesdiscretion or permission,and it will not be treated as a word of command unless there is something in the context or subjectmatter of the act to indicate that it was used in that sense.” In accord, see Attorney General opinionNo. V-753 (1948). Section **3(a)** of Article 4413 (29bb)reads, in part, as follows:

"(a)A person is entitled to applv for **a** License under this Act who "(1)
. . . "(2)
. . . "(3) is of good moral character and temperate habits,who is not **a** convicted felon;" added.) --.-.~- (Emphasis Strictly read, Section 3(a)would conflictwith Section 18,but we **are** of the opinion that the later Section 18 controls and modifies Section 3(a) and is, therefore, the controlling languagewith respect to the discretion qiven the Board in the matter of a **felony** conviction.

This interpretationis given Sec,tion3(a) under the rule of construction stated in 53 Texas Jurisprudence Zd, Statutes, Section 160,pase 231, as follows:

"EachDart of the statute is to be considered in connectionwith every other part andwith the entire enactcent, in order to produce a harmonious whole and to reach the true lenislativeintent.

. . . It follows that a nrovisionwill not be given a meaning out of harmonvwith other provisions and inconsistentwith the purpose of,the act, thouqh itwould be susc~eptible of such construction if standinq alone."

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..

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, Mr. Thomas W. Drown,,.paqe 3 7 (M-884)

No reason exists for including in Section 18 a provision that the Boardmav refuse a licensebecause~of a felony conviction if the LeqiGture had intended to,completelybar such person at the application stage. Such inclusionwould be futile. Section 3(a) of the statute does not have any application to those personswhose felony convictionshave been pardoned, since the operation and effect of a fullpardon is to remove all penal consequencesand legaldisabilities incident to the conviction. 44 Tex. Juris. 2d 13, Pardons, and cases there cited. Reprieve, etc., Sec. 12, We hold that the Boardmay, in its discretion under Section 18, grant a license to a,,convicted felonwho has not received a full pardon.

Your letter in effect inquireswhether the Board may consider the time elapsed since a felonv conviction. We are of the opinion that the Board may consider this fact, alongwith the letters required of the police department and shoriff',s department under Section 34, and that the Boardmav weigh all the relevant facts called for under the statute in exercising its discretionarypowers. ,,

Having considered the elapsed time and all~other relevant facts, it iswithin the legalpower of ,the,Board,to grant or deny the license. SUMMARY Article 4413 (29bb),Vernon's Civil Statutes, makes discretionarywith the Board of Private Detectives,Private Investigators,Private Patrolmen, Private Guards and Managers, the decision as to whether a license as a private detective,private investigator, private patrolman, or private guard will be denied because of convictionof a felony, and the Board may consider the lapse of time since a convictionalonqwith all other matters required or authorizedby the statute..,./ Vef$~trulpyours,

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Preparedby James S. Swearingen Assistant Attorney General APPROVED: OPINION COMMITTEE 

### KernsTaylor, Chairman W. E. Allen, Co-Chairman Larry Craddock J. C. Davis Malcom Smith Scott Garrison MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER ExecutiveAssistant NOLA WHITE First Assistant (M-884)

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