OP TEXAS
AUBTIN 11. -.s
July 8, 3957
Honorable M. B. Morgan Opinion Ao. WW-184.
Commissioner
Bureau of Labor Statistics Rer Interpretation and con-
Capitol Station struction of Section 5,
Austin, Texas Article 5172a, Vernon’ s
Civil Statutes, Hours of
Work for Female Employ-
ees and Exceptions as to
Dear Mr. Morgan: c3rtain employment e
You have requested our opinion upon the construction
of Section 5, Article 5172a, Vernon’s Civil Statutes, and ask
to be advised if the exemptions under said statute, as to
stenographers, pharmacists, mercantile establishments, telephone
and telegraph companies apply only to rural districts, and in
cities or towns or villages of less than three thousand popula-
tion.
Section 1, Article 5172a, Vernon’s Civil Statutes,
reads as follows~
Wo female shall be employed in anv frctory,
mine, mill? workshop, mechanical or mercantile
establishment, hotel, restaurant, rooming house,
theater, moving~~picture show, barber shop, beauty
shop, road sides dz%ls and/or food vending estab-
lishment , talema& telephone or other off ice,
express or transportation oompany, or any State
l@itution, ‘or any other eetablltient, institu-
tisn or enterprise wherr f?naldr are employed
ior. apre ,tharr w.,.-(9) &mrs~.&& any %ne calm& .’ ;
‘~ day, ‘nor i&e ‘than fifty-four (54) hours in any
one calendar week,” (Emphasis ours).
Section 5s 4rticle 5172a9 Vernon’s Civil Statutes,
entitled “Exceptions as to certain employments,” reads in part
as follows:
“The four (4) preceding Sections shall not
apply to stenographers and pharmacists, nor to
mercantile establishments, nor telephone and tele-
graph companies in rural districts, and In cities
or towns or villages of less than three thousand
1 ‘, ;,
Honorable M. B. Morgan, page 2 &W-l@+)
,’ (3OdO) inhabitants as shown by the last preced-
ing Federal Censug, nor to o 0’ -”
‘The language of Section 59 Article 5172a, clearly ex-
empts stenographers and pharmacists fro~m Section 1, Article
5172a, irrespective of the number of inhabitants in the particu-
lar rural di~strict, city, town, or village’ wher’e they work.
Section 1, Article 5172a, states~ spe:oifically .that
f emalas working in mercantile establishments and telephone and,
telegraph companies shall not be employed for more than nine
hours in any one calendar day, nor more than fifty-four hours
~,inany one calendar week.
A cardinal rule ,of construction requires that all
the language and every part ‘of, a statute be, given effect, if
reasonably possible. A ‘c,onstruotlon should .not be ,adopted if ,~
,it can be avoided, that ~111~ render’ any. part of the act inoper-
ative, nugatory or superfluous:. 39 Tex.Jur. 208, Statutes,
Section ,112.
Another fundamental rule requires’that a statute be
construed as a whole and that all of its parts be harmonized,
if possible,, so as to ,give ef$ect to the entire act., Each part
of the statute is to be considered in connection with every
other,‘part and the entire ,ehactment 9 in order to produce a har-
monious whole 0 A provision will not be given a meaning out of
,’ harmony with other prov~isions and inconsistent with the purpose
of the~act, although it would’be susceptible of such construc-
tion if standing alone y 39 ,Tex.Jur. 209, Statutes, Section 113.
Should Section 5, Article 5172a, be construed to ex-
empt mercantile establishments and telephone and telegraph com-
panies, regardless of their, location, from the coverage of
Section 1, Article 5172a, the ‘effect would be,to render the
words “mercantile establishments” and Walegraph, telephone” su- ”
perfluous or nugatory ‘as used in Se@t$an .l, gPticle 5172a.This
construction we cannot apply because to do so would make the two
sect,ions inconsist eat 0
You are “accordingly advised that mercantile estab-
lishments and telephone and telegraph companies are exempted
from Section 1, Article ,5172a, fn rural districts, cities or’
towns~ of less than three thousand inhabitants as shown by the
last preceding Federal Census.
Ronorable M. B. Morgan, page 3 (wW-184)
Section 5, Brticle .!5172a,memptsmercantile es-
tablishmentsand telephone and telegraph companies
from coverage under Section 1, Article 5172a, only
if the city, town or village in which they are lo-
cated has less than three thousand Inhabitants,or
if located in rural districts.
Very truly yours,
WILL WILSOB
Attorney General of Texas
BY
Marvin A. Thomas, Jr.
WRT:pfrwb Assistant
,APPROVED:
OPINION COMMITTRR
H.,Grady Chandler, Chairman
Marietta McGregor Payne
Wayland C. Rivers, Jr.
Roger I. Wily 1
REVIRWRD FOR TRE ATTORNEY GENERAL
BY, Geo. P. Blackburn