Texas Attorney General Opinion: C-73 Page: 4 of 6
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Hon. Byron Tunnell, page 4 (C- 73 )
The "Professional Responsibility Rule" referred
to above was adopted on December 21, 1959, following the
procedure specified in the "Rule Making Procedure" rule.
Article 4556, Vernon's Civil Statutes, provides
that:
"The Board shall preserve a record of
its proceedings in a book kept for that purpose
The record so provided for in Article 4556 discloses that:
"President Woods reported that as directed
by vote of the board on June 28, 1959, the Pro-
fessional Responsibility Rule has been submitted
to the Attorney General and that the Attorney
General's official opinion is that the rule will
be valid if adopted. He reported further that,
as set forth in the board's rules of procedure,
a 'for or against adoption' ballot was mailed
to each of the 839 licensed optometrists practicing
in Texas, with a request that the ballots be'
marked and returned to the board office by Decem-
ber 6, 1959.
"The President appointed Drs. Shipman and
Gill as a committee to canvass the ballots.
This committee reported that 570 ballots were
returned by December 6th, there being 539 for
adoption of the rule and 31 against. Also after
December 6th three ballots for adoption and none
against were received.
"Mr. Bergman, attorney for Dr. Carp, spoke
at some length to the board in opposition to the
adoption of the rule. He was followed by Mr.
Keith, attorney for Dr. Rogers, who also spoke
at some length against adoption of the rule.
After this Dr. Carp, Mr. Bergman and Mr. Keith
retired from the meeting. Mr. Reeves and Mr. Gee
remained for a short time and answered some
questions asked by board members and then they
too retired from the meeting.
"The board continued the discussion for
some time with Dr. Rogers suggesting that action-361-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-73, text, May 9, 1963; (https://texashistory.unt.edu/ark:/67531/metapth268492/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.