Texas Attorney General Opinion: JM-278 Page: 2 of 3
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Ms. Candy Moore - Page 2 (J .-278)
Sherrod and Co., Inc., v. Trt.-Electric Supply Co., Inc., 535 S.W.2d 31
(Tex. Civ. App4. - Tyler 197T1, writ ref'd n.r.e.). Since Black's Law
Dictionary 675 (5th ed. 11979), defines "immediately" as "without
interval of time," section 3(a)(2) clearly refers to the five years
directly proximate to the fi'L:ng of the application,
If the legislature haid wanted to permit a delay between the
experience and the application, it would have indicated this fact, as
it explicitly did in the Real Estate License Act. In that statute the
legislature purposefully inserted a grace period. requiring an
applicant to furnish proof
that he is a licensed real estate broker in
another state, [ard] that he has had not less than
two years' active experience . . . during the
36-month period immediately preceding the filing
of the application. . .
V.T.C.S. art. 6573a, 57(h)(2) (Emphasis added).
The words "immediately preceding," as used in section 8(a)(2) of
article 4413 (29cc), V.T.CS., the Polygraph Examiners Act, requiring
as an alternative to a baccalaureate degree five years of active
investigative experience immediatelyy preceding" the application, mean
the five years nearest to te filing of the application.
SUMMAR Y
The words "imaodiately preceding," as used in
section 8(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 investigative experience "immediately
preceding" the pplication, mean the five years
nearest to the fling of the application.
Veryjtruly you
J IM MA T T O X
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorrey Generalp. L233
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-278, text, December 28, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272718/m1/2/?q=Lamar+University: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.