*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

Terse State Board of Regl5txntlon fox

ProteeeionaliingfntsQkre

Austin, Texas Attenticni F, 8,

Gentlwmn: !wotiosl 22 of Ast on*a Civil Anno- tatad Statutes, provibest

r33t.d or ams~t in 08, lnaomptenoy, or profaaaion engl- estonal fxglneer,. . .* Axtlole W?la, eupra, reads as Sollo7U3; or after the first Cay of Jan- rmon who oh&l1 practice, or tho profemion of engineering out beitlg re&3tered or exempted 2.n aCmor&anOe with the pr~~ieione of thie i&t, or nny pareon pxemantlng or att6nhptlnln$ to u5Q as his own the omtiflcata oil regletration or the sad. of any pareon who ahall give any ro36 or another, rorgea avidcrnod or any kind to Boar& or to any mmber thereof in obtaining a certf+iaate OP ragis-

Registration for Profeosi3nsl Engineers, person :uh~ shall violate any of thf3 provialons or thin Aot, be flnod not less th,u One Huncired ($100.00) Dollers nor more than Five liundrcd (500.00) Dollars, or be confined ln jai.1 for a period of not exaeedin~ three (5) amths or both. Each day of such violation shall be a sepmte offense.

"The Board 13 oharCed vrith the d;ty of aid- lrq in the unforoement sf tlio provisions of thin Act, and my member of tho Board may present to a proseouting offioer oom?laints 22elatA.n~ to via- lations of any of the provioions of this kot; and the i3oard thrvugh ic3 membars, ofeiaera, 00~~~01 and agzta amy aeoist in the trial of any oases involvia~ ulleged violation of soid statutes, sub- jeot ts thz control of the groseauting offiaors.

"The Attorney General OS his assistanis shall act :AS legal ritiviser of the Board and shall render suoh legalaa~?ietanoe as may be neoesstiry in en- tor0i.n~; and making effective tha provlslcnne of this Aot; provide6 that this shall hot relieve the looal prosecutln& ofticers of any of their duties under the law as suah,n

?!e r,uote from Texas Jurfsprudonoe, Volume II, page 330, 118 folloi~~s:

trTho Terns statutes at numerous plaoes reflect the *t;ciee policy whioh demands that advertisement3 tell the truth and those those guilty of making; f&la%, deceptive an2~ mieleading otatemente be re- garded as offenders ag:iinot the ofimlnal law.

Thus false advertising of merchandise or anything offered for sale ia an offense punishable by fine.

(tfltlcle 1554, Penal Code) hdvertbsin5 by banks and trot compenies in 5trFngently r3#.ated, par- ticularly in zqard to truthfuLnoes. (Article 4%, zevlsod Civil Statuten' Rrtioles 542, 543, Penal Code) 51~ or a&cr&emants whioh were used by a ooqoration now defunot may not be used under p0nalty of a fine. The advertising of ecrployment aGent Is regulated and aertain kinds of 8dvertisinG by them are prohibited,

Texas State Board of lieglstration for Professional Xnginoers,

WPermi~s from lawful authority are sometimes naoeseary before n person pursuing a oortain call- ing or buoiness may advcrtiee. Thus the Blue.Sky Law panalizas the adv.vcrtising of securities for sale ivithcut first having obtained the permit re- c,;lircd, And It 1s a penitentiary offense to advertise one*s-self as a livestock commission merchant iriLhout first having given the bond re- c;uirr;d by law. (Artlola 1500, Penal code) Likc- wise advertising ns s oertified Public Accountant, or ilaine in advsertio&z?nts the initiala 'C, P. A.' without having roaelved the reqtiired oartifioate 15 a oriI!&nal offense punishable by fine. False- ly advr?rtislng ono*s-self a5 n *Registered Cotton Yecd Brsederf or 'Certified Cotton Seed Grower' is prohibited.

n The use of the flags of the United gtatLs*a&'of the state of Texas for advertising purposes is prohibited under penalty, , . . But newspaper advertisement of the business, profes- elan an6 plaoe of business of those praotloing the healing art is expressly permitted. In many states advertising by attorneys at law 1s ret&rioted, but there are no suoh provisions in the Texas statutes.* (3% note, 56 A. L. K. 1313)

Article 2 of the Penal Code provides thatr "In order that the system of penal 1!1w in forae in this state may be aomplete vrlthin it- self, and that no system of forelilfi laws, writtan unwritten, may bc appealed to, it is deolared that no person shall be punished for any aat or omission, unl330 nanm is r;mdc a penal offense, and the penalty is affixad thereto by tha written law of this state."