HonorableF. E. Rightor Secretary,State Ibard of Registration for ProfessionalSugiaeerrr Auatin, Texas
Doer Mr. Rightor: OpinionNo. O-3313 Rea ProfessionalEngineers- lWsidenoQ requirementsfor registration.
Your requestfor opinionhas been reoeivedand carefullyconsidered by this depertient. We quote from your requestas followss
"Section18 of Senate Roll 74, Aots RegularSession,46th Legislature,reads ,+-at'At any time within one (1) y sar after this A.otbecomes effective,upon duo applicationthereforand the paymentof the registrationfee of Twenty- five ($25.00)Dollarsfor professionalengineers,the 'Boardshall issue a oertifioateof registration, without oral.orwritten examination,to any professionalengineerwho shall submitevidenceunder oath satisfactoryto the Boardthat he is of good oharaoter,has been a residentof lhe State of Texas for at least one (1) year innnediately preoedingthe date of his application,and was practioingprofessionalengineeringat the time this Aot became effective,and has had responsibleoharge of work of a character satisfactoryto the Board.1
"The act beoameeffective&y 28, 1937.
"On April 5, 1938 applicationwas receivedfrom an applicantfor reglstra- tion under Section18 who set out in his,applicationthat his residence addresswas Shreveport,Louisiana,where he was employed'bya pipe liner company. "To his applicationwas attaoheda 1937 poll tax reoeiptfrom the County of Uarrison,dated December22, 193'7, which gave . * his residenoePreoinot1 a- (and Ward 1) in that countyand a residencein the oountg and the oi* of' five years, he having lived in Texas all his life, twenty-sevenyears.
"This Board, on July 1, 1938, rejectedthe applicationof this appliaent, the reason being that the aeplicantdid not have his residencein Texas as per the requirementsof Section19 of the Act governingregistration.
nNow oomes this applicantwith a requestfor-reconsiderationand in a let- ter requestingreconsideration writes paragraphas follows: c .
Hon. F. E. Rightor,page 2 (O-3313)
"'AlthoughI was living in Shreveporton the date of my appli- oation,I maintainedW legal residenooas Marshall,Texas. There being a fine point Involvedthere I am not qualifiedto pass on the question, but I have heretoforeconsideredthat legal residencehad preoedenoeover aotualresidence. That is why I attacheda photostatjooopy of W Poll Tax Reoeipt oa the back of ngrapplioation~ Duringny two and a half yearn in ShreveportI maintainedW Texas citiasnshipby the payment of Poll Tan.'
"The Boardfinds it is unable to pass on tie applicent*arequestfor reoon- sidorationwithout an opinionfrom you.
Would you kindly, therefore;adviseus'if tie Board in reconsidering his applicationunder Section16 of the Act, may bring its findingon tie basis that his residenoeis in %rison County,Texas. In faot In order Matwo may have a clearerunderstandingof the law in the premises,it ia requestedthat you adviseus a8 to whether or not a man'8 legal reai- denoe takes preoedenoeover his actualresidence."
Ths term "residents,like soitiaensand"domioile,* is not always oapableof preoisedefinition,butmay in differentairoumstanoes be used In differentsenses.
The followingrule is set out in.19 Corpus Juris 407, Sec. 19, oonoerningthe effectof absenceon one's home or domicile:
"If a person loaveshis home or domicilefor a temporarypurposewith an intentionto return,there is no changeof domicile."
This rule is further substantiated by the case of Sabrieaoet Ux v. White, 30 Tsx. 585, in which the courtmade the followingsta-temcnt:
"The originaldomioileis not ohangedeven by a long absenceif there is any intentionof returning.'
Re quote from conferenceopinionNo. 2977, dated January10, 1936, AttorneyGoneralReports1934-1936,p. 11, direotedto Dr. H. Y. Ennediot, as followsr What