Untitled Texas Attorney General Opinion ( 1984 )


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    The Attorney                General         of Texas
    Deader    20.   1984
    JIM MAllOX
    Attorney General
    Me. Candy Moore                                      Opinion    No. JM-278
    Suprmr Coufl Building
    P.0. BOX12549                            Executive Officer
    Austin.    TX.   79711. 2Y9              Polygraph Examiners Board                            Re:    Meaning of “issnediately
    512l4762SOl                              5805 North Lamar                                     preceding” for the purposes of
    Telex 9lWS7113s7
    P. 0. Box 4087                                       section    E(a)(2)     of    article
    Telecopier  SW4750286
    Austin, Texas     78773                              4413    (294,      V.T.C.S.,       the
    Polygraph Examiners Act
    714 JacksOII. SUilO 700
    D~IIW. TX. 75202GC6                      Dear Ms. Moore:
    21U742-9944
    YOU request ,an opinion of this office    as to the meaning of the
    4824 *Iberia         Ave.. Suite   180   words “immediatel:r preceding” as used in section     8(a)(2)  of article
    El Paw.     TX. 7990!5-2793             4413 (29~~). V.T. C.S., the Polygraph Examiners Act.      That section   of
    915153344s4                             the  act prescribes     the qualifications  necessary   for   a Polygraph
    examiner’s  license!, stating that
    toot Texas. Suite 700
    HOUS,O~. TX. 77002-3111                              Sec. 8(a)   A person is            qualified      to   receive    a
    713122959.99                                         license es an examiner
    (2)s   * ’ - holds
    who              a baccalaureate        degree     from a
    SW Broadway. Suits 312
    college       or     university        accredited        by    an
    Lubbock. TX. 79401-3479
    80617476239
    organimtion       that the board designates             and that
    the board determines         has accreditation        standards
    to    ensure     a high      level     of    scholarship      for
    ,309 N. Tenth. Sulle S                              students,    or in lieu thereof:has          five consecutive
    hlCAlk”. TX. 79501.1695
    51216824547
    years      of      active      Investigative         experience
    ImmediaLely        preceding       his     application.     . . .
    (Emphasis added).
    200 Main Plaza. Suite 400
    SW ~ntonio. TX. 792052797               Ua conclude that a:ompliance wirh the optional        experience  requirement
    51212254191
    of section 8(a)(2)     requires that an applicant’s   five ccnsecutive   years
    of experience    ocf:ur just before his application:      there may not be n
    significant   interval of time befcre the filing     of the application.
    Such an interpretation       is consistent      with the canons of statutory
    c011structi0n.    ‘The courts    have held     that   the  legislature        is presumed
    to have used eac’h vord         intentionally.       and. if the meaning cf the
    language    is not    ambiwous.      words should be plven their                 pla,in    and
    ardina?     menuing . cameron V. Terre11 and Garrett.                 !nc..     618 S.K.?d
    535 (T-ax. 1981); Taylor v. Firemen’s              and Policemen’s         Civil      Service
    Cammission cf C,tl:y_    of l.ubbock. 616 S.W.?d           187    (Tex. 1981);          w
    i
    Ms. Candy Moore - Page 2 (J&278)
    Sherrod   and Co., Inc., v. Tr:.-~Elecrrlc Supply Co., Inc.,        535 S.W.Zd 31
    Tkex. Civ. ADS. - Tyler 197lL, uric rrf’d         n.r.a.).     Since Black’s  Law
    Dictionary    ii5   (5th ld. l!K’9),   defines     “ltmtedlately”    as “without
    interval   of time.” section   3(a)(2)    clearly     refers  to the five years
    directly   proximate to the fiL:lng of the application.
    If the legislature       had wanted to permit a delay between               the
    experience     and the application,      it would have indicated   this fact,       as
    it explicitly     dld in the Real Estate License Act.        In that statute       the
    legislature      purposefully     j,nserted   a  grace  period.    requiring        an
    applicant     to fu&ish   proof
    that  he Is    a 1:lcensed      real estate broker    in
    another state,    [ar,d] that he has had not less than
    two years’ active        experience  . . . during    the
    36-month  period lmmedlately preceding      the filing
    of the applicatior~     . . .
    V.T.C.S.   art.    6573a.   17(h)(:!)   (Emphasis added).
    The words “isnuedlately   ,preceding.” as used in section     8(s)(2)    of
    article   4413 (29~~). V.T.C.S.,     the  Polygraph   Examiners Act.   requiring
    as an alternative      to a b.accalaureate      degree five years of active
    investigative   experience “i!mnediately preceding” the application,         mean
    the five years nearest to thle filing       of the application.
    SUFlMARY
    The words “lmrPtrdiately preceding.”         as used in
    section   g(a)(2)    of article    4413 (29cc),    V.T.C.S.,
    the   Polygraph     Examiners Act,       requiring     as an
    alternative     to a baccalaureate      degree five years
    of active      invest~lgative    experience    “imediately
    precedjng”     the trpplicatlon.     maan the five years
    nearest to the f!.l.ing of the application.
    J k
    Very truly    you
    &
    JIM        t4ATTOX
    Attorney    General of 'Texas
    TOMGREEN
    First Assistant      Attorney    General
    DAVID R. RICHARDS
    Executive Assistant Attomey            General
    P. L233
    Ms. Candy Moore - Page 3     (JH-278)
    RICK CILPIN
    Chairman, Opinion Cownittcc~
    Prepared by Rick Cilpin
    Assistant Attorney General
    APPROVED:
    OPINION COMMITTEE
    Rick Gilpin. Chairman
    Colin Carl
    Susan Garrison
    Tony Gulllory
    Jim Noellinger
    Jennifer Riggs
    

Document Info

Docket Number: JM-278

Judges: Jim Mattox

Filed Date: 7/2/1984

Precedential Status: Precedential

Modified Date: 2/18/2017