Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1975
Status
Published
On the bench
John Hill
Cited by
0 cases
Authority
More cited than 3.5%

The opinion

TFIEA~ORNEYGENERAT~

OF TEXAS

Au-. TEXAS w3n1

August 11. 1975

The Honorable Leonard M. Riggs Opinion No. H- 664

Chairman

Texas State Board of Landscape Architects Re: Date at which a landscape

320 Sam Houston State Office Building architect may no longer practice

Austin, Texas 78701 without renewing his license.

Dear Mr. Riggs:

You have requested OUT opinion regarding the date at which a landscape

architect may no longer practice without renewing his license.

The practice of landscape architecture is regulated by article 249c,

V. T. C. S. Section 7 thereof provides as follows:

All certificates of registration shall expire on the

31st day of August of each year, following their

issuance or renewal and shall become invalid on that

date unless renewed. It shall be the duty of the sec-

retary of the board to notify every person registered

under this Act of that date of expiration of his certificate

and the amount of the fee that shall be required for its

renewal for one year; such notice shall be mailed at least

one month in advance of the date of the expiration of said

certificate. Renewal may be effected at any time during

the month of July or August of each year by payment of

the fee as prescribed and set by the board. The fee for

landscape architect’s certificate shall be not less than

$10 nor more than $50. The fee for a landscape irrigator’s

certificate shall be not more than $100. Failure on the part

of any registrant to renew his certificate annually, and by

not later than August 31st, as required above shall not de-

prive such person of the right of renewal, but the fee to be

paid for the renewal of a certificate after August 31st shall

be increased 10 percent for each month or fraction of a

month that renewal payment is delayed; and provided further,

that if such failure to renew shall continue for more than one

year after the date of expiration of the registration certificate,

the applicant must reapply for registration and must qualify

under Section 5 of this Act. All renewal certificates shall

carry the same registration number as the original certificate.

You ask whether a landscape architect may continue to practice his profession

after expiration of his license on August 31.

p. 2908

- .

The Honorable Leonard M. Riggs - Page 2 (H-664)

Section 5 of article 249~ provides that:

. . . no person shall represent himself

or practice in any manner as a landscape

architect, as defined herein, unless such

person shall be licensed as provided here-

& (emphasis added). -

Section 9 establishes penalties for representing oneself as a landscape architect

“without being registered or exempted in accordance with the provisions of” the

Act.

In our view, the statute clearly prohibits a person from practicing

landscape architecture after the expiration of his license. Where the language of

a statute is plain and unambiguous, it should be given effect as written. Gately v.

Humphrey, 254 S. W. 2d 98, 100 (Tex.Sup 1952). It seems well established that:

a license terminates by lapse of time on

the date which is fixed by statute or or-

dinance or by the licensing authorities

acting within their statutory powers, and

the licensee may exercise the rights and

priviliges granted by the license only for

the term specified. 53 C. J.S., Licenses

$43, at 646.

Furthermore, a prior expired license ” confers no rights upon the licensee, ”

except “where by statute it entitles him to a renewal upon compliance with specified

conditions. ” State ex rel. Interstate Air-Part

Metropolitanmm’n, 25 N. W. 2d 718

State ex rel. Gopher Sales Co. v. City of Austin, 75 N. W. 2d 748 (Minn. 1956).

InM.M.M., Inc. v. Mitchell, 265 S. W.2d 584 (Tex.Sup. 1954). the

Supreme Court considered:

whether an engineer, who has been issued

an original certificate . . . is yet illegally

practicing when he contracts to and does

render engineering services during a year

for which he has failed to pay his annual

certificate renewal fee as required . . . .

Even though an engineer is permitted to renew his license at any time after its ex-

piration date, he is nevertheless in violation of the law if he practices before effect-

ing such renewal to the extent that any contract performed by him during that period

is unenforceable. 265 S. W. 2d at 586. The Supreme Court stated that the purpose

p. 2909

I -h .

The Honorable Leonard M. Riggs - Page 3 (H-664)

or requiring renewal is:

both to supply an obviously important

part of the revenues on which the whole

operation of the law depends and to keep

an up to date record of practicing engi-

neers. Unless there is some substantial

penalty to compel compliance, the bur-

den of supporting the Board falls entirely

on those who comply while the others get

the benefits of the law but evade its obli-

gations . . . . a construction of an act for

the protection of life and health at an occasion-

al loss to those, who somehow fail to carry

its almost insignificant burdens for main-

taining their high profession, also has its

equitable appeal. 265 S. W. 2d at 587.

And see Mabry v. Priester, 338 S. W. 2d 704, 706 (Tex. Sup. 1960). But cf.

Hill v. State, 393 S. W. 2d 901 (Tex. Crim. App. 1965).

We perceive no distinction between the situations described in M. M. hf.,

Inc. v. Mitchell and the failure of a landscape architect to renew his license as re-

quired by article 249~. It is therefore our opinion that a landscape architect who

holds an expired license may not practice his profession without first renewing such

license.

SUMMARY

A landscape architect may not practice his

profession after August 31 of each year un-

less he renews his license.

Very truly yours,

A ,/

u Attorney General of Texas

Opinion Committee -

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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