OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Joe Kunechlk, Commlesioner
Bure8u of Labor Stetletlcs
Austin, Texas
Dear sir:
This will be In
February 7, 1941, r8qUeeti
upon the matter sst forth
an08 renUered byFur Mr. lntlng ua with the
baokground of this matter.
a boxer; dohn Doe hi8
suspended beoause of
hi8 failure to hi8 contract with
t It ~111 be parmls-
slble for Blok er during the period
of supen,eion, he8 been the lnter-
pretatlon acoo
that the contract is held
08 Bloks ar8 We8 to oon-
for the period of their mana-
b8118Ve you are 8ntirely OOrreot.
4-17~ of Vernon's Annotated Fenal Code
powered end It is hereby made his duty to pro-
mulgs.te@ny e,nd~11 reasonrblc rules End regu-
1Atlona whioh May be nece6Fary for the purooae
of enforcing ttie;7rzvisioneof thie Law. l *
* *. The Coxnieslener of Labor is alao vested
sna ha8 the power end.authorfty to revoke or
.
Honorable Joe Kunschlk, Commissioner, Page #2
suspend the license or permit of any boxer,
wrestler, manager, referee, matah-maker, time-
keeper, second or promoter for violation of
any rule or regulation which may be promulgated
by the Commissioner of Labor or for the vlola-
tion of any provision of this Law wkereln the
penalty la not EpecIfIcal~y _orovlded.* * * .
Any person who may be affected by any pehalty
Imposed by the Com~i!':sslXIer
of Lebor, or Is
dissatlsfled with the same shall have the right
to so-dealto any District bourt of Travis County,
Texas; the trial shall be de nova and the pro-
'cedure the ssme as other civil oases End upon
such trial the court shsll have the ssme powers
as the Commisslnner to impose the penalties here-
in provided for the violation of any reasonable
rule of the Commissioner or any provision of
this Act wherein a penalty Is not specifically
provided.*
We assume that the lioense of Doe has been validly
suspended by virtue of this Article and that no appeal has
been taken to the District Court.
hule 7 of the General Rulesznd Regulations of the
Commi~tl:~nerof Labor, Chapter 2, reads a8 followe:
'No promoter shall be allowed to contract
for the services of a boxer, wrestler, referee,
timekeeper, manbger, match-maker, or 88cond
unless he ?.s licensed by the Commlssloner of
Labor, nor to enter into a contract for the eer-
vices of or negotiate with eny boxer, wreetlBr,
referee, timekepper, mane.ger,match-maker, or
second whose llcenee has been suspended or re-
voked.'
Eule 26 provides:
"If the contestant has no manager legally
entitled to represent him the puree shall be
paid to the said ccintestantIn the full amount
due him under his contraot.*
L
Honorable Joe Kunaohlk, Commissioner, Page #3
Rule ,26 of the Boxing Rulea and ftegulatlone,
Chapter 3, promulgated by the Commissioner provides in
part:
"Hsnanere-Contestants Contract.--In
order that a contract between a boxer and a
manager be recogniped the following require-
ments are neoePeFry:
"(1) Both manager and boxer shall have a
valid llcenee;
"In case managerial autiiorltyis temporar:~
lly traneferred.to another person as acting
manager, said acting manager shall:
"(a) Hold a valid manager's license;
"(b) Fresent written agreement, signed
by both manager and boxer;
"(cl Flla copy of such written agreement
of transfer of authority with the
Commissioner of Labor for his ap-
proval."
Certainly there is no prohibition in the Aot that
would prevent a boxer from aotlng a8 his,own manager in the
situation described in your letter. Moreover, we think the
Commissioner's rules and regulations also emply provide for
such sltuatlons.
Under those regulations a contract between the boxer
and manager will ngt be reoognlzed by the Commlesloner unless
both have a vslld lloense. The manager in question goes not
have one. Moreover, EIpromoter le prohibited from negotiat-
ing with a manager whose license has been suspended; and the
rules fnrtherpvide that if a contestant has no maneger
legally entitled to represent him, he hlmselfehall be qald
the full amount 2f any purse due him under a contraat.
Honorable Joe &pschIk, Commlasloner, Page #4
It la, therefore, our opinion and you are ad-
vised thet under Articles 614-1 - 614-17~ of Vernon's
Annotated Penal Code and the fiulesand Regulations of
the Commlesloner of f,
abor thereunder duly promulgated,
when the license of a manager has been.euspended Phe box-
er in qua&Ion may adt as his own manager or ma.ycontraot
for the services of another manager during the period of
suspension.
Yours very truly
ATTORNEY GENEPAL,OF TEXAS
BY
JameeL &sullen
Aselstant
JDS:eJ
APPROVED MAR 18, 1941
Approved
/s/ Gerald C. Mann Opinion Committee
ATTOFU?EXGE- OF TEXAS By B.W.B., Chairman