I c . . 

ORNEY GENERAL 

F EXAS 

August 27, 1965 

Hon. Clifford C. Cool, Chairman Opinion No, C-490 

Texas State Board of Registration 

for Public Surveyors Re: Whether a person convicted 

Box 12293 of a felony who has served 

Capitol Station his sentence or a person 

Austin, Texas who Is an alien not eligible for United States 

citizenship are eligible 

for registration as a 

Public Surveyor under 

Article 5282a, Vernon's 

Dear Mr. Cool: Civil Statutes. 

You have requested an opinion from this office upon 

the following questions: 

'Is a person who has served a term in the 

State Department of Corrections with a sentence 

of from two to fifteen years eligible for reglstratlon as a Public Surveyor in Texas under the 

Registered Public Surveyors Act of 1955?" 

'Is a citizen of another country who has 

not qualified for cftfzenship in the United 

States eligible for registration as a Public 

Surveyor in Texas under the provisions o$ the 

Registered Public Surveyors Act of 1955? 

Section 6 of Article 5282a, Vernon's Civil Statutes, 

the Registered Public Surveyors Act of 1955, provides in part 

that: 

'From and after January first following the 

effective date of this Act, no person except 

those exempted from the operation of this Act 

as provided for In Section 3 hereof2 shall engage 

or continue in the practice of Public Surveying 

as defined herein unless such person shall be 

registered as provided herein. The~followlng 

classes of persons shall be qualified for 

registration: 

-2315- 
Hon. Clifford C. Cool, page 2 (C- 490) 

"(a) All persons residing in Texas and engaged in the practice of Public Surveying on the 

effective date of this Act, and who have been so 

engaged for five (5) years immediately preceding 

the effective date hereof, upon satisfactory showing to the Board of the moral and educational 

fitness of such person to continue in such practice. 

Applications to register under this subsection(a) 

of Section 6 must be filed within one (1) year 

after this Act becomes effective. 

"(b) All persons who can show to the satisfaction of the Board that they have had at least 

eight (8) years experience In land surveying in 

Texas of which at least two (2) years were in 

responsible charge of surveying work. Within the 

meaning of this subsection, two (2) years of basic 

engineering course in an accredited school or 

college shall be considered the equivalent of 

two (2) years of land surveying. Applicants to 

register under subsection (b) of Section 6 must 

be filed within five (5) years after this Act 

becomes effective. 

v(c) All persons who apply to take, and' 

successfully pass, an examination given by the 

Board to determine the fitness and qualification 

of the person examined. Such examination shall 

be written and oral, and shall be designed to 

reflect knowledge and ability on the part of 

the applicant, showing to the Board that he Is 

qualified to be placed in charge of surveying 

work. Any applicant for such exsminatfon must 

be able to show to the satisfaction of the Board 

that he has had the equivalent of six (6) years 

experience in land surveying, The successful 

completion of a course of study in an accredited 

school leading to a Bachelor of Science Degree 

in Civil Engineering shall be contidered as four 

(4) years satisfactory exprience. 

Subsections (a), (b) and (c) of Section 6 of Article 

52&a set forth the classes of persons who shall be qualified 

for registration as a Registered Public Surveyor. 

As the provlsions of subsection (a) of Section 6 of 

Article 5282a became inoperative within one (1) year after the 

effective date of the Act, and as the provisions of subsection 

(b) of Section 6 of Article 5282a became inoperative five (5) 

years after the effective date of this Act, it is apparent that, 

-2316- 
Hon. Clifford C. Cool, page 3 (C- 490) 

at the present time, only those persons who can meet the quallflcations set forth in subsection (c) of Section 6 of Article 5282a 

are entitled to register as a Registered Public Surveyor. 

Pursuant to the provisions of subsection (c) of Section 

6 of Article 5282a, an applicant for registration must apply to 

take and successfully pass an examination given by the State Board 

of Registration for Public Surveyors. An applicant for such examination must be able to show to the satisfaction of the Board 

that he has had the equivalent of six (6) years experience in 

land survey. 

It would lo 

uage of subsection (c 7 

ically follow that, pursuant to the langof Section 6 of Article 5282a, that any 

person would be entitled to registration as a Registered Public 

Purveyor if he has the required experience In land surveying and 

passes the examination given by the State Board of Registration 

for Public Surveyors. 

We have carefully studied the provisions of Article 

5282a and find no provision which would prohibit, disqualify 

or make ineligible a person for registration pursuant to the 

provisions of subsection (c) of Section 6 of Article 5282a, as 

a Registered Public Surveyor , merely because such person had 

prevlously been convicted of a felony or merely because such 

person is an alien not eligible for United States citizenship. 

SUMMARY 

A person is not prohibited, disqualified or 

made ineligible for registration as a Registered 

Public Surveyor, pursuant to the provisions of 

subsection (c) of Section 6 of Article 5282a, Vernon's Civil Statutes, merely because such person 

has been convicted of a felony or because such 

person is an alien not eligible for United States 

citizenship. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

Pat Bailey 

Assistant 

PB:ms:mkh 

-2317- 
Hon. Clifford C. Cool, page 4 (C- 490) 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

Ivan Williams 

Robert Lemens 

Bill Allen 

Robert Flowers 

APPROVED FOR THE ATTORNEYGENERAL 

BY: T. B. Wright 

-23!18-