L.
THEATTORNEYGENERAL
OFTEXAS
W’IIA. WIILSON
ATTORNEYGENERAL
March 9, 1962
Ronorable Jesse James Opinion No. WW-1271
State Treasurer
State Treasurer’s Office Re: Whether, under the provisions
Austin, Texas of Section 3 of House Bill
No. 1, Acts 57th Legislature,
3rd C.S. (The Escheat Law),
the first advertisements
required therein should be
Bear Mr. James: in May, 1962 or May, 1963.
You have asked whether, under the provisions of Sec-
tion 3 of House Bill No. 1, Acts 57th Legislature, 3rd Called
Session, 1962 (codified in Vernon’s Civil Statutes of Texas aa
Article 3272b), the first advertisements required therein ehould
be in May, 1962 or May, 1963? In your request it Is indicated
that this Inquiry is prompted by the fact that the subject Act
will become effective on May 3, 1962, and the further fact that
Section 3 of the Act In its relevant parts, provides:
“Section 3. Advertising for Owners.
“When, on or after the effective date of this
Article,. dormant deposits or Inactive accounts have
remained in such condition for more than seven (7)
years, and the depository does not know the where;
abouts of the deoositors or any owners thereof.
the depository, during the fir& month of May fol-
lowing the seven (7)year period, shall cause to
be published once in a newspaper, published In the
city or county in which the depository Is located,
a notice entitled ‘Notice of the names of persona
appearing asthe owners of unclaimed amounts held
by (name and address of depository) which shall
list the names, in alphabetical order, and the last
known address, If any, of such missing depositors,
but not the amounts of such deposits. Newspapers
eligible for such publications shall be those de-
fined in Section 2 of Article 28a, Revised Civil
Statutes of Texas, 1925, as amended, and If no such
newspaper Is published in the county of a deposi:
tory, publication shall be made In a newspaper
published in Bn adjoining county.
Honorable Jesse Jemes, page 2 (W-1271~)
“Annually thereafter during the Month of May
of each year the depository shall bll h i
-manner the names of such depo%aP~r ciedin
tars whose deposits or accounts have not been
reported and delivered to the State in accordance
with Section 4 hereof, if the whereabouts of any
owner thereof still remains unknown to the deposl-
tory and their deposits or account8 still remain
in a dormant or inactive status as herein defined.”
(Raphasls supplied)
Technically speaking, it might be said that there
will be no “month of May” in 1962 after the effective date of
the Act in the aenae that fewer than the thirty-one days al-
lotted to May by the calendar will occur after the effective
date, of the Act.
It is to be noted, however, that the Legislature
did not say, “during, the first full month of May”, although’
the Legislature could have eaaimo said if it had been the
legialatlve intention to delay the first advertisements to
such time a8 a full month of May occurs.
Moreover, the foregoing roviaions are to be viewed
in light of the fact that Section fl of the Act requires the
depository to submit a report to the State Treasurer “on or
before @y 1st of the year following the first publication.”
It is thus aeen in this same Act that the Legislature was dia-
posed to use the date “May 1” where intended. From this It
seems likely that the Legislature would have required the ad-
vertisements to be made during the month beginning on the
first May 1st following the seven (7) year period” if It had
been the intention of the Legislature to not require advertise-
ments until the first full month of May after the effective
date of the Act.
One of the fundamental rules of statutory conatruc-
tion is the rule that Words In common use, when contained in
a statute, will be read according to their natural, ordinary,
and popular meaning, unless a Contrary intention is clearly
apparent from the context. 39 Tex.Jur. 198, 199, Statutes,
Sec. 105. The phrase ‘“the month of May” often denotes a
point in time without reference to the extent of the period
Involved.
The elapse of one or more days of the month does
not destroy the identity of the remaining days as “the month
0r ~a~r.1’ If, :in common parlance, a person askia, for example,
between the third day of May and the first day of June: ‘+What
month is this?“, the reply would be: “It is the month of May.”
Honorable Jesse James, page 3 (WW-1271)
In other words, the "month of May" is ordinarily considered
as existing until all the days of the month have elapsed. We
find nothing in the Act which would authorize a departure from
the ordinary and commonly accepted meaning which attaches to
these words. This is the sense In which the Legislature, In
our opinion, intended to use the phrase "the first month of
May." In this sense, the first time the month of May will be .
In existence after this Act becomes effective will be May of
1962. Accordingly, it is our opinion that the Legislature
meant for the advertisements to be made in May of 1962.
SUMMARY
Under the provisions of Section 3 of Article
327213, Vernon(s Civil Statutes, the first adver-
tlsements required therein are to be made in May
or 1962.
Very truly yours,
WILL WILSON
Attorney Qeneral of Texas
3J I- 6.
By #enry G; Bras
Assistant
HGB:dhd
APPROVED:
OPINIONCOMMITTEE
W. V. Ge,ppert, Chairman
Jack Price
William E, Allen
Coleman Gay
Pat Bailey
REVIEWEDFOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.