_ . . _ I_ --f
THE LtTTORNEY GENERAL
OF TEXAS
June 24, 1957
Honorable R. D. Halt, M.D.
Chairman of the Board
Board of Vocational Nurse Examiners
904 Lavaoa Street
Austin 1, Texas
Opinion No. WW-175
Re: Method of Selecting a
Director of Training for
Vocational Nurse Rxamin-
ers under provisions of
H.B. 99 (V.C.S. Art.
Dear Dr, Holtg 452&z, Section 4 (c) ).
In your letter of June 19, 1957, you have requested
an opinion from this office as to whether it is necessary
that the Director of Training, to be seleoted to fill the
vacancy created by'the recent death of the incumbent, must be
a Registered Nurse; or may the Director of Training be either
a Registered Nurse or a Licensed Vocational Nurse, at the
option of the Board.
House Bill 99, Acts 55th Legislature, Re ular Ses-
sion 1957, chapter 47, page 95 (V.C.S., Art. 4528 c, Sec.
eaame effective on April 5, 1957, and reads as
"fo!L~; b
"The Board shall employ a full-time Director
of Training, who shall have had at least five
years experience in teaching nursing in an accre-
dited stihoolof nursing or an accredited training
program. During the first five (5) years after
the effective date of this Act, the Director Of
shall be a Registered Nurse, licensed by
the Sta e Board of Nurse Examiners. Thereafter,
=Y
the Board mav select either a Licensed Vocational
Nurse or a Registered Nurse as the Director of
The duties of the Director of Training
to visit and inspect all schools for the
training of Vocational Nurses at least once a
year and to confer with superintendents of hospi-
tals and superintendents of nursing schools as to
the system of Instruction given and as to accomoda-
tions and rules governing said schools in reference
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Honorable R. D. Holt, Page 2, (W- )
to its students. The Board shall orescribe such
methods and rules of visiting, and-such methods of
reporting by the Director of Training as may in its
judgment be deemed proper." (Emphasis added)
Prior to the above quoted amendment, Article 4528c,
Section 4 (c) V.C.S. (Acts 52nd Legislature; 1951, chapter
118, page 1973 reads as follows:
"The Board shall employ a full time Visitin
Secretary, who shall have had at least five
+
years experience in teaching nursing in an accredi-
ted school of nursing or an accredited training
program. During the first five (5) years after the
effective date of t,hisAct, the Visiting Secretary
shall be a Registered Nurse, licensed by the State
Board of Nurse Examiners. Thereafter. the Board may
select either a Licensed Vocational Nurse or a Regis-
tered Nurse as the Visiting Secretary. The duties of
said Secretary shall be to visit and inspect all
schools for the training of Vocational Nurses at
least once a year and to confer with superintendents
of hospitals and superintendents of nursing schools
as to the system of instruction given and as to acco-
modations and rules governing said schools in
reference to its students. The Board shall prescribe
such methods and rules of visiting, and such methods
of reporting by said Secretary as may in its judgment
be deemed proper." (Emphasis added)
An examination of Section 4 (c) of Article 45280,
V.C.S., both in its original form as enacted in 1951, and in
its present form as amended in 1957, reveals that the only
difference in the two acts is the title of the official. The
qualifications and duties ,are the same. In fact, the caption
to the 1957 amendment (House Bill go), refers to this change
bn the following language:
"An Act amending por,tionsof Chapter 118, Acts
of the Fifty-second Legislature, 1951, which is
codified as Article 4528~ of Vernon's Texas Civil
Statutes and is sometimes known as the Vocational
Nurse Act; amendinp Section 4, subdivision (c), by
changing the title of PVisiting Secretary' to
'Director of Training'; q D -".(Emphasis added)
In 39 Tex. Jur.,page 257, 258, the following rules
of statutory construction are laid down:
I,
0 0 0 An amendment will be construed and
_... -
Honorable R. D. Holt, Page 3, (W-
harmonized with the act that it amends or to which
it is added, and of which it forms a part. The
court may look to the body of the amendatory act,
its title and emergency clause, the existing facts
or conditions at the time of the amendment, and the
body of the act amended . e e
1,. . . original provisions appearing in an
amended act are to be regarded as having,,beenthe
law since they were first enacted, . . m
To the same effect are Markwell v. Galveston County,
186 S.W.2d 273 (Civ. App. 1945, error ref.); American Surety
Co. of New York v. Axtell Co., 120 Tex. 166, 3b S.W.2d 715
1931) and Walker et ai v..Money, 132 Tex. 132, 120 S.W.2d
428 (1938).
It is a familiar rule that the court in construing
an act of the Legislature, must ascertain the intention of
the Legislators in the framing'and passa e of the law.
Cernoch et ux v. Colorado County et al, 88 S.W.2d 470 (Civ.
APP. 1932).
It being apparent that the.Legislature Intended by
the 1957 amendment to Article 4528c, Section 4 (c) (House
Bill 99, Acts 55th Legislature, Regular Session, 1957, chapter
47, page 95) to change only the title of the office, as shown
by the caption of the amending act, and that such office has
been in existence since it was first created in 1951, the five
year period during which the Board was restricted to Registered
Nurses in making its selection of a Visiting Secretary or
Director of Training has now expired; and the Board may now
fill the vacancy with either a Licensed Vocational Nurse or a
Registered Nurse, who has the other necessary qualifications.
SUMMARY
The Director of Train-
ing for Vocational Nurse
Examiners may be either a
Licensed Vocational Nurse or
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-
Honorable R. D. Holt, Page 4, ,(WW- 1
a Registered Nurse.
Very truly yours,
WILL WILSON
Attorney General of Texas
Riley Eukene Fletcher
Assistant
REF:jl
APPROVED:
OPINION COMMITTEE:
H. Grady Chandler, Chairman
Larry Jones
Milton Richardson
Joe Rollins
REVIEWED FOR THE ATTORNEY GENERAL
BY:
Geo. P. Blackburn
Untitled Texas Attorney General Opinion
Combined Opinion