Untitled Texas Attorney General Opinion

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 sub