Untitled Texas Attorney General Opinion

TTEEA~ORN~YC GENERAL
OF TEXAS

December 13, 1962

Honorable J. hi. Falkner Opinion No. WW-1496
Banking Commissioner
Department of Banking Re: Applicability of Article
Austin 14, Texas 1524a, V. C. S., to cer-
tain none-profit corpora -
tions.
Dear Mr. Falkner:

You have asked our opinion whether or not Article 1524a, Vernon’s
Civil Statutes, is applicable to non-profit corporations organized for one
or more of the purposes formerly authorized under subdivisions 48, 49 or
50 of Article 1302, Vernon’s Civil Statutes, or Article 1303b, Vernon’s
Civil Statutes.

Section 1 of Article 1524a, Vernon’s Civil Statutes, reads in part
as follows:

“Sec. 1. This Act shall embrace corporations
heretofore created and hereafter created having
for their purpose or purposes any or all of the
powers now authorized in Subdivisions 48, 49 or
50 of Article 1302, Revised Civil Statutes of Texas,
1925, and heretofore or hereafter created having
in whole or in part any purpose or purposes now
authorized in Chapter 275, Senate Bill Number
23 2 of the General and, Special Laws of the Reg -
ular Session of the 40th Legislature. . . [Article
1303b]”

We are of the opinion that it would have been difficult for the Legis-
lature to have expressed itself more clearly than by the use of the language
quoted above, which does not purport to distinguish between “non-profit”
and “for-profit” corporations. In view of this language, we feel the follow-
ing quotation adequately supports our affirmative answer to your question:
Honorable J. M. Falkner, page’ 2 (WW-1496)

“Primarily the intention and meaning of the Legislature
must be ascertained from the language of the statute
read as a whole, that is, from the entire context of the
law. If the statutory language clearly and distinctly
reveals the legislative intent, there is no occasion
to look elsewhere. ” 39 Tex. Jur. 176, Statute~s,
Sec. 93.

SUMMARY

Article 1524a, Vernon’s Civil Statutes is applicable
to non-profit corporations organized for one or
more of the purposes formerly authorized ulzl er
Subdivisions 48, 49 or 50 of Article 1302, Vernon’s
Civil Statutes or Article 1303b, Vernon’~s Civil
Statutes.

Very truly yours,

WILL WILSON
Attorney General of Texas

Assistant’Attorney General
DDMms

APPROVED:

OPINION COMMITTEE:

W. V. Geppert, Chairman

Iola Wilcox
John Reeves
Robert Rowland
Bob Shannon

REVIEWEDFORTHEATTORNEYGENERAL
BY:
Leonard Passmore