OFFICE OF THE Al7OWNEY GENERAL OF TEXAS 

AUBTIN 

s 

Sonorablo D. C. Greer 

t3te BiGhVmy En&ncer 

Tosas %I$Iw~~ Departnent 

Austin, Texns 

Dear Sir: 

ths,,xaderal' 

whrhdle 6: in $ct $,-on ,I"sdG:ral funds If. the', rulss 

or re&:tioss of ths inter&ted Federal Azsncy 

requIrea .or"pez5+,ittcd &og%sr hours, 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 a part of such contract. It 
.‘, 

I 

Esnorabls D. C. Gresr, ?azS 2 

now aeezs to be nscsesary to deterrlns which 

of ths acts, the Stats or the Federal, governs 

the working hours of labor on jobs In which ths 

Federal Govsrnuent doss not participate, and ws 

would apprsoiate receiving your advice in this 

IclBtter.V* 

That portion of Article 1580 of the Texas Penal 

Code which Is applicable to the situation at hand reads as 

r0ii0v~3: 

“All coatracts nads by or on behalf of 

the Stste of Texas, or by or on behalf 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 any work, shall be deem8 and 

considered as mde upon the basis of eight (C) 

hours constItutInS a day’s vcork. Tho tize consued by the laborer In, Going to and returning 

from the place of work shall not be considered 

as part of the hours of -iroxk. It shall be un13.~~33~1 for any corasration, p3rson or association 

of pezaoaa having a coxtract T:iIth the Stats or 

any political subdivision thereof’, to require 

or per&t any such 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 whsre it zay become necessary to work 

sore than eight (8) hours per calendar day for 

the protection of property, humn life or the 

necessity of housing Imates of public Institutions IO case of firs or dsotruction by ths slsrants or In cases where tha total nmber of hours 

per week required or lerzitted of any such. laborer, wortian or rochanic , engaged on vrork 

financed In whole or In part by the Fcdsral Govermsnt or any agency thereof, does not excesd 

the nu=lber of houra per week allo:rod by any regulation of the Yederal Governusnt or any agsncy 

thereof. In such e~srgencies tbe laboxsrs, workLen, or nechanics 30 saployed and working to exceed eight (9) houro per calendar day shall be 

paid on the basis of sight (8) hours constItutln& 

a day’s work. . .* 
Eonorable D. C. Greer, Page 3 

The following definition Is from Section 203, 

Ch. 8, Title 29, U. S. C. A.: 

"(d) **YizployerV Includes any person actIna directly or Indirsctly In the interest of 

an mployer 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 whsn acting as an 

enplogor), or anyone acting In the capacity of 

officer or agent of such labor organIzatIonrW 

In point. 

You will 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 Code must be obesrved and soforced, and that 

It Is not withinthe pov:er or provinoe of the IiIghway Dspartmnt to waive such provisions. 

Yours very truly 

Assistant 

iG:ew