Case Information
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The Attorney General of Texas 20. 1984 Deader JIM MAllOX
Attorney General
Suprmr Coufl Building P. 0. BOX [12549] Austin. TX. 79711. 2Y9 512l4762SOl Telecopier SW4750286 Telex 9lWS7113s7 Polygraph Examiners Board Executive Officer Me. Candy Moore North Lamar 5805 Austin, Texas P. 0. Box 4087 78773 Opinion No. JM-278 Re: Meaning “issnediately preceding” 4413 Polygraph Examiners Act (294, E(a)(2) for the purposes of of 714 JacksOII. SUilO 700 D~IIW. TX. 75202GC6 Dear Ms. Moore: 21U742-9944
YOU request ,an opinion this office as to the meaning of the as used in section 8(a)(2) words “immediatel:r preceding” 4824 *Iberia Ave.. Suite 180 the Polygraph Examiners Act. That section of 4413 (29~~). V.T. C.S., El Paw. TX. 7990!5-2793 act prescribes the qualifications necessary for a Polygraph 915153344s4 examiner’s license!, stating that toot Texas. Suite 700 Sec. 8(a) A person is qualified to receive a
HOUS,O~. TX. 77002-3111 license es an examiner 713122959.99 SW Broadway. Suits 312 Lubbock. TX. 79401-3479 [80617476239] organimtion college (2)s * ’ - board determines has accreditation who holds or that university a baccalaureate the board designates accredited standards and that by a from ,309 N. Tenth. Sulle S hlCAlk”. TX. 79501.1695 [51216824547] years to students, ImmediaLely ensure a high or in lieu thereof:has preceding level Investigative his of scholarship five consecutive for 200 Main Plaza. Suite 400 SW ~ntonio. TX. 792052797 [51212254191] Ua conclude of section 8(a)(2) that a:ompliance wirh the optional requires that an applicant’s five ccnsecutive requirement 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 is presumed to have used eac’h vord intentionally. and. if the meaning cf words should be plven language is not ambiwous. 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 *2 i Ms. Candy Moore - Page 2 (J&278)
Sherrod and Co., Inc., v. Tr:.-~Elecrrlc Supply Co., Inc., 535 S.W.Zd 31 Since Black’s Law Tkex. Civ. ADS. - Tyler 197lL, uric rrf’d n.r.a.). Dictionary ii5 (5th l d. l!K’9), defines “ltmtedlately” as “without interval time.” 3(a)(2) clearly refers to the five years directly proximate to the fiL:lng of the application.
If 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 purposefully a grace period. requiring j,nserted to fu&ish proof applicant
that he Is a 1:lcensed real estate broker in another state, [ar,d] that he has had not less than two years’ . . . during 36-month period lmmedlately preceding filing of the applicatior~
V.T.C.S. art. 6573a. 17(h)(:!)
The words “isnuedlately ,preceding.” as used in section 8(s)(2) 4413 (29~~). 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 the
SUFlMARY The words “lmrPtrdiately preceding.” as used in section g(a)(2) 4413 (29cc), V.T.C.S., the Polygraph Examiners Act, requiring as an alternative to a baccalaureate five years of active invest~lgative “imediately trpplicatlon. maan the five years precedjng” nearest to the f!.l.ing of the application.
Very truly you J k
& t4ATTOX
JIM Attorney General of 'Texas TOM GREEN
First
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
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
Tony Gulllory
Jim Noellinger
Jennifer Riggs