Untitled Texas Attorney General Opinion

'January8;~1976,-:' _ ,"I, ~TheHonorable Garland A. Picou ,Opinion Nd. H-758, a, Chaiman ,. ,~,:, _,, I.?: Texas State Board of Physical Re; ,Fees'chargedby ',' Therapy Examiners the Board of Physical 1500 W. 3&h, Suite"'10 '. 1 ,. Therapy Examiners. Austin, Texas 78731, i 'I Dear Mr. Picou: '. : you have requested our 'opinionconcerning recent amend- ments to article 45128, V.T.C.S., ,which changed in part the fee system for the examination and licensing'bf physical therapists and physical therapist assistants. Whereas sections 8 and 9 formerly provided for a $5.00 examination fee and :$25rOO,and $15.00 liCense,'feesrespectiveiyj these . sections Snow provide.:forno licen:s'e fee, a $25.00 applica- tion'fee, and $50.‘OO(and,$45.00examination.fees, respectively. Ydu have asked us whether thehigher fees should have been collected beginning May'27,,,1975,and if so,'whether.'any underpayments should~be collected from those who have,taken examinations.since that date. /.,', Senate Bill 634~;the amending act; was signed on .May 27, 1975, land since it'contained an emergency clause i'tbecame effective on that date. A&s 1975;,64th Leg.,,': ch. 307, p. 795; 53 Tex.Jur.Zd, Statutes 5 26, and authorities cited therein. Thereafter, the Board of.Physical Therapy Examiners had no authority to issue a license except upon compliance with the fee requirements,of article'4,512eas amended. Examinations'conducted and licenses issued after May 27, 1975 were,conducted and issued sunder the authority and thus under the fee schedule of article 4512e a'samended. Accordingly, a person who has applied for a license or taken an examination subsequent to May 27, 19.75was:on notice of the amended fee requirements. Popham v. *Patterson; 51 S.W.Zd'680 (Tex.Sup. 1932). It is therefore our opinion that such persons were thereafter liable for the new statutory fees and must remit any unpaid portions of such fees to the Board. The Honorable Garland A. Picou - page 2 (H-758) You have also aeked whether applicant8 mu& pay a temporary licenee fee in addition to the application and examination fees. Article 4512e, section 11(a) provider for a $20.00 fee for temporary liceneing of phyeical tberapieta and aesietante who are temporarily vithin the State. Thie subeection doee not apply to applioante for licensee under sections 8 and 9, those applicants being governed ,by section 11(b) which provides: ,The board shall issue a temporary license to a person who has applied for a license and meets t& qualifi- cations under the provision6 of Sections 8 or 9 of thie Act. Thie license expire6 upon completion of the next administered examination whether or not the applicant paeeee the examination. Thus section 11(b) requires the Board to ieeue a temporary license to applicants who meet the qualifications contained in sections S(a) and 9(a). As opposed to section 11(a), section 11(b) makes no mention of any fees in addition to those provided in sections 8 and 9. We have held that fees may not be collected by administrative agenciee unless authorized by statute. Attorney General Opinion H-669 (1975). It is our opinion that this principle, in conjunc- tion with what we believe to be the clear legislative intent of section 11(b), precludes the Board from collecting a temporary license fee under section 11(b). SUMMARY The amendment of article 4512e, V.T.C.S., relating to licensee for physical therapiete and aeeietante war effective May 27, 1975. All persons applying for a license or taking an examination after that date must pay the feee provided therein. p. 3204 The ~HonorableGarland A. Picou - page 3 (H-758) A temporary license fee may not be collected when such a license is issued under article 4512e, section 11(b). ,Tery truly yours, ($!%L~L~ Attorney General of Texas Opinion Committee jwb p. 3205