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### 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 sentenceor a person Austin, Texas who Is an alien not eligible for United States citizenshipare eligible for registrationas a Public Surveyorunder Article 5282a, Vernon's Dear Mr. Cool: Civil Statutes.

You have requestedan opinion from this office upon the followingquestions:

'Is a person who has served a term in the State Departmentof Corrections with a sentence of from two to fifteen years eligible for reglstratlon as a Public Surveyor in Texas under the Registered Public SurveyorsAct of 1955?"
'Is a citizen of another countrywho has not qualified for cftfzenshipin the United States eligible for registrationas a Public Surveyor in Texas under the provisionso$ the Registered Public SurveyorsAct of 1955? Section 6 of Article 5282a, Vernon's Civil Statutes, the Registered Public SurveyorsAct of 1955, provides in part that:
'From and after January first followingthe effectivedate of this Act, no person except those exempted from the operationof 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 registeredas providedherein. The~followlng classes of persons shall be qualifiedfor registration: -2315-Hon. CliffordC. Cool, page 2 (C- 490)

"(a) All persons residing in Texas and engaged in the practice of Public Surveyingon the effectivedate of this Act, and who have been so engaged for five (5) years immediately preceding the effectivedate hereof, upon satisfactoryshowing to the Board of the moral and educational fitness of such person to continue in such practice. Applicationsto 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 experienceIn land surveyingin Texas of which at least two (2) years were in responsiblecharge of surveyingwork. Within the meaning of this subsection,two (2) years of basic engineeringcourse in an accreditedschool or college shall be consideredthe equivalentof two (2) years of land surveying. Applicantsto registerunder subsection (b) of Section 6 must be filed within five (5) years after this Act becomes effective. v(c) All personswho apply to take, and' successfully

pass, an examinationgiven by the Board to determine the fitness and qualification of the person examined. Such examinationshall be written and oral, and shall be designed to reflect knowledgeand ability on the part of the applicant,showing to the Board that he Is qualifiedto 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 equivalentof six (6) years experience in land surveying, The successful completionof a course of study in an accredited school leading to a Bachelor of Science Degree in Civil Engineering shall be contideredas 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 registrationas a Registered Public Surveyor.

As the provlsionsof subsection(a) of Section 6 of Article5282a became inoperative within one (1) year after the effectivedate of the Act, and as the provisionsof subsection (b) of Section 6 of Article 5282a became inoperativefive (5) years after the effectivedate 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 provisionsof subsection (c) of Section 6 of Article 5282a, an applicant for registration must apply to take and successfully pass an examinationgiven by the State Board of Registrationfor Public Surveyors. An applicant for such examinationmust be able to show to the satisfaction of the Board that he has had the equivalentof six (6) years experience in land survey.

It would lo uage of subsection (c 7ically follow that, pursuant to the langof Section 6 of Article 5282a, that any person would be entitled to registrationas a RegisteredPublic Purveyor if he has the required experienceIn land surveyingand passes the examinationgiven by the State Board of Registration for Public Surveyors.

We have carefully studied the provisionsof Article 5282a and find no provisionwhich would prohibit,disqualify or make ineligiblea person for registration pursuant to the provisionsof subsection (c) of Section 6 of Article 5282a, as a RegisteredPublic Surveyor , merely because such person had prevlouslybeen convictedof a felony or merely because such person is an alien not eligible for United States citizenship. SUMMARY
A person is not prohibited,disqualifiedor made ineligiblefor registrationas a Registered Public Surveyor,pursuant to the provisionsof 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

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