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 eligi-
ble for United States
citizenshipare eligible
for registrationas 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 Correctionswith a sentence
of from two to fifteen years eligible for regls-
tratlon 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 cftfzenshipin the United
States eligible for registrationas 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:
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Hon. Clifford C. Cool, page 2 (C- 490)
"(a) All persons residing in Texas and en-
gaged in the practice of Public Surveying on the
effective date of this Act, and who have been so
engaged for five (5) years immediatelypreceding
the effective date hereof, upon satisfactoryshow-
ing 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 satis-
faction 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 surveyingwork. Within the
meaning of this subsection,two (2) years of basic
engineering course in an accredited school or
college shall be consideredthe 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'
successfullypass, an examinationgiven 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 exsminatfonmust
be able to show to the satisfactionof 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 contideredas four
(4) years satisfactoryexprience.
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 provlsions of subsection (a) of Section 6 of
Article 5282a became inoperativewithin one (1) year after the
effective date of the Act, and as the provisions of subsection
(b) of Section 6 of Article 5282a became inoperativefive (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 quallfl-
cations 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 registrationmust apply to
take and successfullypass an examinationgiven by the State Board
of Registrationfor Public Surveyors. An applicant for such ex-
amination must be able to show to the satisfactionof the Board
that he has had the equivalent of six (6) years experience in
land survey.
It would lo ically follow that, pursuant to the lang-
uage of subsection (c7 of Section 6 of Article 5282a, that any
person would be entitled to registrationas a Registered Public
Purveyor if he has the required experience In land surveying and
passes the examinationgiven 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 ineligiblea person for registrationpursuant 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, disqualifiedor
made ineligible for registrationas a Registered
Public Surveyor, pursuant to the provisions of
subsection (c) of Section 6 of Article 5282a, Ver-
non'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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