OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Bonorable Joe Xunaohik, Commlseioner
Bureau of Labop Statistica
Auetln, rPexar
Dear SlPI
.
to this depnrtnellt,
been received
n enizrsnt agemy.
for procuring employmnt. it contends that be-
cause it 5s~chnrglng no foe Par it3 scr:‘Fces
it fnlla within the GXCOptiO,?S cmticned in
Article 5209, R, C. S., of Toxns, Q Q *.
i-333
Xonorable Joe Kunsohlk, Page 2
Agenoy Act shall be cumulative of the Emplog-
ment Agenoy Law.
"In other words, the question may be
boiled down to this proposition; Do the
exceptions mentioned in Article 5209, R. C.
3 apply to emigrant agents or do they
a$&y solely to employment aGents transaot-
ing an lntra-statebueineas?
The "EmploymentAgency Lav" is set out in Chapter 13
of Title 83 of the Revised Civil Statutes of Texae, 1925, being
Articles 5208 to 5221, lnoluslve.
Article
5208 deSLnes an employment agent. Article
5209, dealing vith exoeptions to Article 5208, ma&r
'The provlsfona of this chapter shall
not apply to agents who charge a fee of not
more than two dollars for registration only
for procuring employment for school teachers;
nor to any department or bureau maintained
by this State, the United States Government,
or any municipal government of this Stete,
nor to any person, Slrm, pnrtnershlp, assoola-
tion of persons or oorgorntionor any officer,
or employee thereof engaged in obtain% or
aolloiti~ help from him, them or it when no
Sees are charged directly or indirectly tine
applicant for help or the eppllcant for en-
ployment; nor to farmers and stoc::raisers
aotlng jointly or severally ti securmc
laborers for their own use rrhercno See is
collected or charged directly or indirectly,
nor to any association or corporation charter-
ed under the laws.of Texas conducting a free
employment bureau or agency.'
The RJ3mlgrantAgents Law" was enacted by Senate Bill
No. 127, Aots of the 41st Legislature, 1929, Second Called Session,
Pa&e 203. It 1s Sound In Vernon's Revised Civil Statutes as Ar- IH
tlole 5521-8-1.
Seotlon 1 of Senate Bill Ho. 127 provldesr
"Section 1. The term l@.grant agent' as
used in this Act means every person. firm, cor-
poration or assocl8tion of persons engaged in
Honorable Joe Kunschik, Page 3
the business of hiring, entlclq, or sollcit-
lng laborers in this state to be employed
beyond the limits of this State and 1s also
meant to lncludo every person, firm, partner-
ship, corporation or sssociatlon of persons
mnintnlnm an office to hire, entice, or
solicit laborers to be employed beyond the
limits of this State; and 1s also moLultto
include every person who, as on indcpondent
contractor or otherwise thsn es zznagent
of n duly licensed eml@%nt scent ;>rocures,
or undertakes to procure, or assist in pro-
curing laborers for sn emigrant agent; and
every emigrant ngent shall be tozmcd end
hold to be doing business es such in each
and every County whcroin ho, in porson, or
throw an ¢, hires, entices or solicits
any laborer to be employed beyond the limits
of the State.”
A part of Section 2 of the above Act, reeds:
“Sec. 2. Each cmlgrsnt agent shrill,
before opereta ln Texas, secure a Stete
lioense as such, on spplicntlon therefor
to the Commlasioner of Labor Statistics of
the State of Texas. l * *.’
Section 3 of the s&ma Act provides:
"Sec. 3. Any person, firm, aasociktlon
of persons or corporntlonwho shall engaze in
the business of an emigrant esent in any coun-
ty in this State vlthouC having first filed
with the Conmlssioner of LnSor Stctistics of
the St&to of Texas, en qplication for license
cs emlgrsnt azont as above provided, and/or
without having first pzld nil otcte end county
occupation taxes end annual license fee ES pro-
vidod by lav or without hevinz first sccurcd 8
..statelicense as ebovo provided, or without hav-
1~ first filed certified CO~J of his stzts li-
cense with the Tcx Coilktor of such county
es abovo provided, end/or dho does not file
monthly reports es provided by this Act, end/or
who shall engage in the business of en emigrcnt
agent in any county In this State without first
i
Bonorable Joe Kunsohik, Page 4
having designated such county as one of the
counties in vhich he proposes to do such
business in his original or amended appllca-
tlon to the Comlssioner of Labor Stetistlor
I of Texas, shall be guilty of a misdemeanor,
and upon conviction shall be punished by
1
Sine not exceeding $500.00, or by lmjrlson-
ment In the county jail for not exceeding
six months, or by both such Sine and fm-.
prisonment , ’
i
! Section 7 of the same Act also deals with the soope
of aald Senate Bill No. 127 but vi11 not be copied here.
i
Section 8 of oald Senate Blli So. 127 provides;
“sot. 8. The provisions of this Act shall
bo cumulative of the cm$oymnt np,cncy10~3 of
the Stnte of Texa3 and the err~loyncnta-iencx
Laws aioreoela. shall be wnere consistent.ap-
licable to the movieions of this Act."
erscoring ours}
The Supreme Court of Texas In the case of State v.
i Laredo Ice Co., et al, 73 3. W. 951, in construing the effect
of a oumulatlve provision similar to that in Section 8, supra,
raldr
“The fourteenth section of tho act of 1899
concernimz trusts and monoDolie3 la in this
language!- “irne provislon3~of the fore.Toins
sections, and tno i'ln333p.o?onr.izlcc, provided
for violations 0;'CXs act 329.X.be !ZiL en2
construed to be culrr.llntive
OS all lzvn no:r
in force in tni3 3ix~c. Counrei fOl a::;;olloes
earnestly contend that the effect of this ;)ro-
vision is to consolidate and to make one lav
of the act of 1895 and the act of 1199, and
theroby to give exerqtion Siiom proaocution
under the law OS 1899 to those nersons nho
are exempted by the-provisionsbf the law OS
1895. The term lcrmulativc'indicates en
harmonious cocxistcncs 2lldCJ-OZl~?~tiCXt,
mthcr -trP.na con3oLia3;lcn oi iz3 iXi1773 22
to one. An amendment to a statute is not
Batlye' because it repeals and takes
the plaoe of the part of the law that It
Ronorable Joe Xunschlk, Page 5
amends, thereby becoming a part of the lav
amended. It Is true that, In seeking the
meaning of language used In a statute, it la
proper to consider all of the acts of the same
legislative body vhich are in aarl materla.
because 'It is supposed that there has been
no change in the leglsintlve intent e.nil
pur-
pose,' unless it Is manifested by some crnge
of language. Sutherland, Stat. Constr. ~283.
But this 13 a rule of construction,merely,
and does not constitute each act a-part of
every other act on the same subUntitled Texas Attorney General Opinion
Combined Opinion