OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Terse State Board of Regl5txntlon fox 

ProteeeionaliingfntsQkre 

Austin, Texas 

Gentlwmn: Attenticni F, 8, 

!wotiosl 22 of Ast 

tatad Statutes, provibest 

on*a Civil Annor33t.d or ams~t in 

08, lnaomptenoy, or 

profaaaion englestonal fxglneer,. . .* 

Axtlole W?la, eupra, reads as Sollo7U3; 

or after the first Cay of Janrmon who oh&l1 practice, or 

tho profemion of engineering 

out beitlg re&3tered or exempted 

2.n aCmor&anOe with the pr~~ieione of thie i&t, or 

nny pareon pxemantlng or att6nhptlnln$ to u5Q as his 

own the omtiflcata oil regletration or the sad. of 

another, or any pareon who ahall give any ro36 or 

rorgea avidcrnod or any kind to the Boar& or to any 

mmber thereof in obtaining a certf+iaate OP ragis- 
Registration for Profeosi3nsl Engineers, 

person :uh~ shall violate any of 

thf3 provialons or thin Aot, be flnod not less 

th,u One Huncired ($100.00) Dollers nor more than 

Five liundrcd (500.00) Dollars, or be confined ln 

jai.1 for a period of not exaeedin~ three (5) 

amths or both. Each day of such violation shall 

be a sepmte offense. 

"The Board 13 oharCed vrith the d;ty of aidlrq in the unforoement sf tlio provisions of thin 

Act, and my member of tho Board may present to 

a proseouting offioer oom?laints 22elatA.n~ to vialations of any of the provioions of this kot; and 

the i3oard thrvugh ic3 membars, ofeiaera, 00~~~01 

and agzta amy aeoist in the trial of any oases 

involvia~ ulleged violation of soid statutes, subjeot ts thz control of the groseauting offiaors. 

"The Attorney General OS his assistanis shall 

act :AS legal ritiviser of the Board and shall render 

suoh legalaa~?ietanoe as may be neoesstiry in entor0i.n~; and making effective tha provlslcnne of this 

Aot; provide6 that this shall hot relieve the looal 

prosecutln& ofticers of any of their duties under 

the law as suah,n 

?!e r,uote from Texas Jurfsprudonoe, Volume II, page 

330, 118 folloi~~s: 

trTho Terns statutes at numerous plaoes reflect 

the *t;ciee policy whioh demands that advertisement3 

tell the truth and those those guilty of making; 

f&la%, deceptive an2~ mieleading otatemente be regarded as offenders ag:iinot the ofimlnal law. 

Thus false advertising of merchandise or anything 

offered for sale ia an offense punishable by fine. 

(tfltlcle 1554, Penal Code) hdvertbsin5 by banks 

and trot compenies in 5trFngently r3#.ated, particularly in zqard to truthfuLnoes. (Article 4%, 

zevlsod Civil Statuten' Rrtioles 542, 543, Penal 

Code) 51~ or a&cr&emants whioh were used by 

a ooqoration now defunot may not be used under 

p0nalty of a fine. The advertising of ecrployment aGent 

Is regulated and aertain kinds of 8dvertisinG by 

them are prohibited, 
Texas State Board of lieglstration for Professional Xnginoers, 

Page 3 

WPermi~s from lawful authority are sometimes 

naoeseary before n person pursuing a oortain calling or buoiness may advcrtiee. Thus the Blue.Sky 

Law panalizas the adv.vcrtising of securities for 

sale ivithcut first having obtained the permit rec,;lircd, And It 1s a penitentiary offense to 

advertise one*s-self as a livestock commission 

merchant iriLhout first having given the bond rec;uirr;d by law. (Artlola 1500, Penal code) Likcwise advertising ns s oertified Public Accountant, 

or ilaine in advsertio&z?nts the initiala 'C, P. A.' 

without having roaelved the reqtiired oartifioate 

15 a oriI!&nal offense punishable by fine. Falsely advr?rtislng ono*s-self a5 n *Registered Cotton 

Yecd Brsederf or 'Certified Cotton Seed Grower' is 

prohibited. 

n The use of the flags of the United 

gtatLs*a&'of the state of Texas for advertising 

purposes is prohibited under penalty, , . . But 

newspaper advertisement of the business, profeselan an6 plaoe of business of those praotloing the 

healing art is expressly permitted. In many states 

advertising by attorneys at law 1s ret&rioted, but 

there are no suoh provisions in the Texas statutes.* 

(3% note, 56 A. L. K. 1313) 

Article 2 of the Penal Code provides thatr 

"In order that the system of penal 1!1w in 

forae in this state may be aomplete vrlthin itself, and that no system of forelilfi laws, writtan 

or unwritten, may bc appealed to, it is deolared 

that no person shall be punished for any aat or 

omission, unl330 the nanm is r;mdc a penal offense, 

and the penalty is affixad thereto by tha written 

law of this state." 

After making a oareful scaroh of the statutes, we find 

no statute vihtih prohibits ndvortisiny; bjr rcgistcred professional 

engineers6 

You are rcspeotfully advised that it is the opinion of 

this department that it lo not a viol~~~titin of the law for 

s grndua~e oloctrioal and meohanioal engineer to advertise hFm- 
Texas State Board of Regietration for Proreashnal Bn&neers, 

Page 4 

eelf as auohr 

Trusting that the toregoing fully amwere your inipiry, we remain 

Yoltm3 very truly 

ATTORNEY GENh3A.L OF TEUS 

(S) Ardell WilllaJn6 

BP 

Ardell Williams 

hssiatant 

APPRoviLD JAN I.6 1940 

(s) Oerald OL Mann 

ATTOi3NEYGENE;.ULOFTEX.AS 

APEROVED 

OESNION C OMMITTISB: 

BY BWB 

malrnan