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) 

of Article I of the Texas Liquor Control Act shall apply 

to Fraternal or Veterans Clubs. II 

The Act does not define the words *%‘eterans, ‘I “Fraternal” and 

“Clubs. II However, Article 8 of the Texas Penal Code provides: 

“Words which have their meaning specially defined 

shall be understood in that sense, though it be contrary to 

the usual meaning: and all 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 to which 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 that lexicon 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 

In this same work one of the definitions given for the word 

“Veteran” is as follows: 

“la. One who has had long experience and practice in any service or profession, industry, or art, or 

originally and commonly in military service: as a veteran of the South Pacific, of the law, or the state. The 

term has been used variously, as in interpreting military orders and provisions 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~by length and type of service or degree of disablement, honorable discharge OP 

release, and otherwise, meets statutory requirements 

precedent to the extension of benefits provided by law 

for ex-servicemen. ‘I 

Bearing in mind the foregoing definitions, it is clear that the 

American Legion and the Elk’s organisations fall within the broad ambit 

of the phrase “Fraternal or Veterans Clubs. ” 

Accordingly, it is our opinion that ~the American 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.