August 10, 1939
HonorableF. E. Rightor,Secretary Texas State Board of Registrationfor ProfessionalEngineers P. 0. BOX 23 Austin,Texas
Dear Sir:
OpinionNo. O-1019 Re: Constructionof Reciprocity provisionof Act Regulating the Practiceof Professional Engineering.
This will acknowl.edge receiptof your letterof June 20, 1939, in which you submitfor an opinionof this department,the que,stiontherein contained. Thequestion submitted,based upon SenateBill No. 74, Acts 1937,RegularSessionof the 45th Legis- lature,page 816, Chapter404, same being Article327la,R. C. S. of Texas, 1925, ie as follows:
'Wouldyou kindly advise if, in your opinion,it is necessarythat applicantsfor registrationunder Section21, and particularlythose who presenta certi- ficate of qualification from the NationalBureau of EngineeringRegistration,must complyalso with the requirementsof Section13 that five referencesbe given, or, to ask the questionin anotherway, Is the Board authorieedto pass to registration, under Sec- tion 21, applicantswho presentcertificatesof quall- ficationfrom the NationalBureau without other sup- ing." port Section13 of the Act reads as follows:
"Applicationsfor registrationshallbe on forms prescribedand furnishedby the Board, shall contain statementsmade under oath, showingthe applicant's educationand a detailedsummaryof his technical work, and shall containnot less than five (5) ref- erences,of whom three (3) or more shallbe engineers having personalknowledgeof his engineeringexperience. HonorableF. E. Rightor,Page 2 (o-1019)
"The registrationfee for professionalengineers shall be Twenty-five($25.00)Dollars,Fifteen($15.00) Dollars of which shall accompanythe application,the remainingTen ($10.00)Dollarsto be paid upon issuance of certificate.When a certificateof qualification issuedby the NationalBureau of EngineeringRegistra- tion is acceptedas evidenceof qualification, the total fee for registrationas professionalengineer shall be Ten ($10.00)Dollars."
Section21, known as the Reciprocityprovisionof the Act, providesthat:
"The Board may, upon applicationtherefor,and the paymentof a fee of Ten ($10.00)Dollars,issue a certificateof registrationas a professionalen- gineerto any person who holds a certificateof quali- ficationor registrationissuedto him by proper au- thority of the NationalCouncilof State Boards of EngineeringExaminers,or of the NationalBureau of EngineeringRegistration,or of any state or terri- tory or possessionof the United States,or any countryprovidedthat the requirement6for the reg- istrationof professionalengineersunder which said certificateof qualificationor registration was is- sued do not conflictwith the provisionsof this Act and are of a standardnot lower than that specified in Section 12 of this Act."
The courts have had no occasionto pass upon your ques- tion. To answer it, therefore,we must read the whole Act, in the light of familiarrules of statutoryconstruction, and de- terminetherefromwhetherthe legislatureintendedto exceptper- sons making applicationunder the Reciprocityprovisionof the Act,,Section21, from filingan applicationmeetingthe require- ments of Section 13 of the Act.
There are other parts of the Act which aid in this re- spect. Section 10 of the Act reads as follows:
'The Board shall keep a record of its proceedings and registerof all applicationsfor registration, which registershall show (a) the name, age and resi- dence of each applicant;(b) the date of the applica- tion; (c) the place of businessof such applicant; (d) his educationaland other qualifications; (e) whether.ornot an examinationwas required;(f) wheth- er the applicantwas.~rejected; (g)'whethera certifi- cate of registrationwas ,granted;(h) the date of the HonorableF. E. Rightor,Page 3 (O-1019)
action of the'Board;and (I) such other informationas may be deemednecessary,bythe~Board.
"The recordsof the Board shallbe availableto the public at all times and shall be prima