### E OENEY OF ‘gEXAS
**August 17,**  

### 1961
Mr. Norman W. Barr County Attorney San Angelo, Texas

Dear Mr. Barr: Opinion No, WW-1118 Re: Whether Veterans organinations, such as the American Legion, and FraternaP organisations, such as the Elks Lodge, are exempt from complying with the provisions of H. B. 892. 57th Legislature, Regular Session. This rbfers to your inquiry as to whether veteran’s organizations such as the American Legion and fraternal organizations such as the Elk’s Lodge are exempt from complying with House Bill 892, Acts of the 57th Legielature, Regular Session, Ch. 262, p? 559 (codified in Vernon’s Annotated Penal Code as Article 666-15 (6) of the Texas Liquor Control Act),

Section 1A of the subject act provides: “Providdd. however, that nothing in Section 15(e) ofArticle I of the Texas Liquor Control **Act** shall apply 

### toFraternal or Veterans Clubs. II The **Act** does 

### notdefine the

### words *%‘eterans, ‘I“Fraternal” and “Clubs. II However, Article 8of the Texas Penal Code provides:

“Words which have their meaning specially defined shall be understood inthat sense, thoughit be contrary to the usual meaning: andall words used **in** this code, except **where** a word, term **or** phrase is special1 defined, are to be taken and construed in the sense i&ich they are understood in common language, taking into consideration the context and subject matter relative towhich they are employed. ”.

Mr. Norman Barr, page 2 (WW-1118)

Webster’s International Dictionary, Second Edition, defines “Fraternal” as follows:

“!I. Cf, pertaining to, or involving brethren, becoming brothers. ‘I; Among the definitions of tha.word “brother” in thatlexicon is the following:

“4. One related or closely united to another by

*ome common tie or interest, as sovereign rank, profession, membership, in a society. , , .s9 Inthis same work one of the definitions given for the word “Veteran” is as follows:

“la. One who has had long experience andpractice in any service or profession, industry, or art, or originally and commonly in military service: as aveteran of the South Pacific, of the law, or the state. The term has been used variously, as in interpreting military orders andprovisions of statutes. The general and popular meaning, however, is one who has seen service, as distinguished from a recruit or a soldier in his first enlistment. b. U.S. statutes. An ex-member of the military or m&al service who~bylength andtype of service or degree of disablement, honorable discharge OP release, andotherwise, meets statutory requirements precedent to the extension ofbenefits provided by law for ex-servicemen. ‘I Bearing in mind the foregoing definitions, it is clear thatthe American Legion andthe Elk’s organisations fall within the broad ambit ofthe phrase “Fraternal or Veterans Clubs. ”

Accordingly, it is our opinion that~theAmerican Legion and the Elks are organiaations which are exempt from the application of the subject Act.Mr. NDrmaii ti. Barr, page 3.(WW-1116j

SUMMARY The American Legion and the Elks are organisations which are exempt from the application of H.B. 892, **Acts** of the 57th Legislature, Regular Session, Ch, 262, p. $59, by Section la of such Act. Very truly yours, WILL WILSON Atto&y General of Texas

Assistant HB:dh APPROVED: OPINION COMMITTE~E W. V. 

### Ceppert, Chairman Elmer McVey 

### Morgan Nesb itt Bob Shannon Tom Burrio REVIEWED FOR THE ATTORNEY GENERAL BY: Hv&hton Brownlee, Jr.