THEA~~~OFCNEYGENEFCAL
OFTEXAS
Gerald C. Mann
A-RN- e-L
Hon. C. H. Robinson, D.S.C., Secretary
Texas State Board of Chiropody Examiners
Fair Building
Fort Worth, Texas
Dear Sir: Opinion No. O-2676
Re: May Article 778a of the Penal
Code be made the basis for a
criminal prosecution?
We have,received your letter of recent date
requesting the opinion of this department upon the above
stated question. Your letter reads, in part, as follows:
"The Texas State Board of Chiropody Exam-
iners.~hashad brought to its attention an in-
stance where a licentiate of the said board prac-
tioes chiropody in thPs State, under a name
- other than his own proper name, which appears
upon h s license certificate, as issued by the
State 3oard of Chiropody Examiners.
” * * * I’~
n1*** t
.
_
"The question is: In your opinion is Ar-
ticle778-a,a part.of.~t~cle 778, by Article
778-a, being.added thereto? Or is Article 778-a,
a new Ar%icle without a penalty provision as
contained in Article 7787 In short, oould the
said Board prosecute under Artiole778-a? * * * 11
May we restate your-question to read:
"May Article 778a of the Penal Code be
made the basis for a oriminal prosecution?H
Article 778a of the Penal Code reads:
"Art. '7'78a.
NAME DNDER lWHICRONE MAY PRACTICE
CHIROPODY
It shall be unlawful for any person or per-
sons to practice chiropody in this State under
,Ic.
the name of a corporation, company, association,
joint stock company or partnership, or trade
name, or under any name other than his own proper
name, whioh shall be the name in his license,
as issued by the State Board of Chiropody Exam:
iners. Eaoh day of violation of the Article
shall constitute a separate offense."
Hon. G. H. noblnson, lJ.a.Li.,
oeoraLtar.y,
rag= 1.
Artiole 778 of the Penal Code, as amended by
the Forty-sixth Legislature, provides for a penalty of a
fine of not less than $100.00 nore more than $500.00, or
- by imprisonment in the county jail for not less than 30
days nor more than six months, or by both such fine and
imprisonment for certain specified violations set forth
in said Article.
Artiole 778a, supra, was enaoted b the Forty-
sixth Legislature as a new Artiole amending Ehapter 11,
Title 12 of the Penal Code. The mere fact that the Leg-
islature included Artiole 778a in the same Act which amend-
ed Article 778 does not make Article 778a a part of said
amended Artiole 778.
No penalty is provided in Article 778a for vio-
lation of the provisions~of said Article and there is
no general penalty statute contained in fihapter11, Title
12 of the Penal Code. The'refore,in view of the fact
that there is no penalty provided for a violation of Ar-
ticle 778a, it is the opinion of this Department that
said Article may-not be made the basis f.ora criminal
prosecution.
Trusting that the above satisfactorily disposes
of your inquiry, we remain
Yours very truly
ATTORNEYGENRRAL OF TEXAS
By /s/~D. Burle Daviss
D. Burle Daviss .
Assistant
APPROVED SEPT. 4, 1940
/s/ Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
DBD:ob:jrb
APPROVED OPINION COMMITTEE
BY BWB, Chairman