OFFICE OF THE Al7OWNEY GENERAL OF TEXAS
**AUBTIN**

s Sonorablo D. C. Greer t3te BiGhVmyEn&ncer Tosas %I$Iw~~Departnent Austin, Texns

Dear Sir:

ths,,xaderal'

whrhdle 6: in $ct $,-on,I"sdG:ralfunds If. the',rulss or re&:tioss of ths inter&ted Federal Azsncy requIrea .or"pez5+,ittcd &og%srhours, hoy;ev&r, upon pzojec~s fiosmed wholly Trot State :'unds c'e have conscientiously observed all of ths '~roviaions in tke act. Since the 'passage of .ths Fair Labor Standards Act of 19.3 (U.:?.C.A.,TItls ZS,,Sets; 201 to 219),we hzve not attenpted to decide which law governsd but have Included In all contracts a notIce to contractors that all applicable laws pertaining to labor ars apart of such contract. It.‘, I

Esnorabls D. C. Gresr, ?azS 2

nowaeezs to be nscsesary to deterrlns which of ths acts, the Stats or the Federal, governs the working hours of labor onjobs Inwhich ths Federal Govsrnuent doss not participate, andws would apprsoiate receiving your advice in this IclBtter.V* That portion of Article 1580of the Texas Penal Codewhich Is applicable to the situation at handreads as r0ii0v~3:

“All coatracts nads by or on behalf of the Stste of Texas, or by **or** onbehalf of any county, nunicipslity or other legal or political aubdIvIsIon of the Stats, with any cor;oration, Fezson or association of persons for performncc of anywork,shall be deem8 and considered as mde upon the basis of eight (C) hours constItutInS a day’s vcork. Thotize consued by the laborer In,Going to andreturning from the place of work shall not be considered as part of the hours of -iroxk. It shall be un13.~~33~1 forany corasration, p3rson or association of pezaoaa having a coxtract T:iIththe Stats or any political subdivision thereof ’, to require or per&t anysuch labozors, workzen, or mchonIts to work aoxe than sISht (8) houra per calcudar day In doing such work, except In cases of siergeacy, v:hich nay arice In tinsa of war’, or ir cajcs whsreit zay become necessary to work sore than eight (8) hours per calendar dayfor the protection of property, humn life or the necessity of housing Imates of public Institutions IOcase of firs or dsotruction byths slsrants or In cases wheretha total nmber of hours per week required or lerzitted of any such.laborer, wortian or rochanic , engaged onvrork financed Inwhole orIn part bythe Fcdsral Govermsnt or any agency thereof, does not excesd the nu=lberofhoura per week allo:rod byany regulation of the Yederal Governusnt or anyagsncy thereof. In such e~srgencies tbe laboxsrs, workLen, or nechanics 30 saployed andworking to exceed eight (9) houro per calendar day shall be paid onthe basis of sight (8) hours constItutln& a day’s work.

. .*Eonorable D. C. Greer, Page 3

Thefollowing definition Is from Section 203, Ch. 8, Title 29, U. S. C. A.:

"(d) **YizployerVIncludes any person actIna directly or Indirsctly In the interest of anmployer In rslatlon to au employee but shall not include the Uaited States or any state or poiitical subdivision of a state, or any labor organization (other than whsnacting as an enplogor), or anyone acting In the capacity of officer or agent of such labor organIzatIonrW

In point. Youwill note that ths Texas statute is directly

Xoreover, the yederal Act spscIfically excepts a state or a political subaivieion of a state from the requirencnts of the Fair Labor Standnrds Act. It Is the opInIon of this departmnt that the grov:sions of Article 1500, Texas penal Codemust be obesrved andsoforced, and that It Is not withinthe pov:er or provinoe of the IiIghwayDspartmnt to waive such provisions.

Yours very truly

Assistant

iG:ew