TEE ATT-O-YGENE~ 

Mr. Henry Wade 

District Attorney 

Records Building 

Dallas 2, Texas 

Dear Mr. Wade: 

OF 7rExAs 

AUSTIN II. 'J%XAS 

November 13, 1962 

Opinion No. Ww-1472 

Re: Whether the Blue Laws 

of the State of Texas 

permit the repairing 

of television receivers 

for compensation on Sunday? 

Whether the Blue Laws 

of the State.of Texas 

permit the, sale of television parts on Sunday? 

You have furnished this office with an opinion on 

questions pertaining to the applicability of the Blue 

Laws to the repair and service of television sets~and 

the sale of tubes and parts for radios and televisions, 

and have asked whether we concur in your holdings. 

In the firstinstance, you have asked us whether 

a service man or a TV repair company could service television receivers on Sunday and charge for such service. 

Article 283, Vernon's Penal Code, provides as follows: 

"Any person who shall labor, or,compel, 

force or oblige his employes, workmen9 or 

apprentices to labor on Sunday, or any person who shall hunt game of any kind whatsoever on Sunday Within one-half mile of any 

church* school house* or private residence, 

shall be fined not less than ten nor more 

than fifty dollars." 

Article 284, Vernon's Penal Code, provides that Article 

283 shall not be applicable under certain conditions as 

'follows: 

"The preceding article shall not apply 

to household duties, works of necessity or 

. ..charity. nor to necessary work on farms or 
Mr. Henry Wade, Page 2 (WW-1472) 

plantations In order to prevent the loss of 

any crop; nor to the running of steamboats 

and other water crafts, rail cars, wagon 

trains, common carriers, nor to the delivery of goods by them or the receiving or 

storing of said goods by the parties or 

their agents to whom said goods are dellvered; nor to stages carrying the United 

States mail or passengers; nor to foundries, 

sugar mflls, or herders who have a herd of 

stock actually gathered and under herd; nor 

to persons traveling; nor to ferrymen or 

keepers of toll bridges, keepers of hotels, 

boarding houses and restaurants and their 

servants; nor to keepers of livery stables 

and their servants; nor to any person who 

conscientiously believes that the seventh 

or any other day of the week ought to be 

observed as the Sabbath, and who actually 

refrains from business and labor on that 

day for religious reasons." 

Under these statutes it seems to be the obvious intent 

of the Legislature that no labor may be performed on 

Sunday except as excepted In Article 284. We, therefore, concur in your opinion that the repairing of television sets cannot le ally be performed on Sunday. 

An analysis of Article 2 g 6a shows that it does not 

apply In any way to service and labor. 

Articles 286, 286a and 287 are the sections of the 

Sunday Blue Laws governing the sale of merchandise on 

Sunday. We musts therefore, analyze these statutes In 

order to answer your second question relating to the 

sale of television receiving tubes and other parts 

necessary to repair radios and television sets. Artlcle 286 prohibits the sale of items on Sunday in the 

following language: 

"Any merchant8 grocer, or dealer In wares 

or merchandise, or trader In any business whatsoever, or the proprietor of any place of public 

amusement9 or the agent or employe of any such 

person, who shall sell, barter, or permit his 

place of business or place of public amusement 

to be open for the purpose of traffic or public 

amusement on Sunday, shall be fined not less 

than twenty nor more than fifty dollars. The 
Mr. Henry Wade, Page 3 (W-1472) 

term place of public amusement, shall be 

construed to mean circuses, theaters, varietytheaters and such other amusements as 

are exhibited and for which an admission 

fee is charged; and shall also Include dances at disorderly houses, low dives and 

places off like character, with or without 

fees for admission." 

Article 286a prohibits the sale on both the two consecutive days of Saturday and Sunday of certain enumerated 

items in the following language: 

“Section 1. Any person, on both the 

two (2) consecutive days of Saturday and 

Sunday, who sells or offers for sale or 

shall compel, force or oblige his employees 

to sell any clothing; clothing accessories; 

wearing apparel; footwear; headwear; home, 

business, office or outdoor furniture; kitchenware; kitchen utensils; china; home appllantes; stoves; refrigerators; air conditioners; 

electric fans; radios; television sets; washing 

machines; driers; cameras; hardware; tools, exeluding nonpower driven hand tools; jewelry; 

precious or semi-precious stones; silverware; 

watches; clocks; luggage; motor vehicles; 

musical instruments; recordings; toys, excluding Items customarily sold as novelties 

and souvenirs; mattresses; bed coverings; 

household linens; floor coverings; lamps; 

draperies; blinds; curtains; mirrors; lawn 

mowers or cloth piece goods shall be guilty 

of a misdemeanor. Each separate sale shall 

constitute a separate offense." 

Section 5a of Article 286a provides in part: 

"that Articles 286 and 287 of the Penal 

Code of Texas are not to be considered as 

repealed by this Act; *.." 

Article ,287 exempts certain items from the prohibition 

against sale on Sunday. The exemptions there listed 

are not applicable to radio and television tubes and 

parts. We must look to Section 1 of Article 286a to 
Mr. Henry Wade, Page 4 (WW-1472) 

see If any of the Items there enumerated permit the sale 

of television and radio parts and tubes on Saturday or 

Sunday as It is clear that under the provisions of Article 

287 the sale of such items are not permitted on Sunday. 

In a recent opinion (WW-1333) we pointed out that 

"the term 'hardware' should be held to Include those 

items which according to established customs and uses 

are included within the meaning of the term . . . We 

have been unable to find any cases where the term 'hardware' has been defined. The third edition of the MerriamWebster New International Dictionary of the EngllshLanguages Unabridged, published in lgbl, defines hardware 

as follows: 

'1. ware (as fittings, trimmings, 

cutlery, tools, parts of machines and 

appliances, metal building equipment, 

utensils) made of metal;'" 

"Hardware" is one of the items enumerated in Article 286a. 

Radios and televisions are "machines and appliances". We 

therefore concur in your opinion wherein you have held 

that "to the extent that the content of televisions tubes 

and parts is In substantial part metal, such articles 

are Included In the term 'hardware', as are nails, screws, 

door knobs, plumbing fittings, automobile parts, fish 

hooks, etc." 

SUMMARY 

Artiole 284, Vernon's Penal Code, prohibits 

the repairing of television and radio recelvors 

on Sunday for compensation. 

Artlole 286a, Vernon's Penal Code, prohibits 

the sale of radio and television tubes and parts 

on the two consecutive days of Saturday and Sunday. 

Yours very truly, 

NVS:nss 
I . 

Mr. Henry Wade, Page 5 (WW-1472) 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman. 

Charles R. Lind 

Cecil C. Rotsch 

Ernest Fortenberry 

REVIEWEDFOR THE A'J?TOR.NEYGENEiRAL 

BY: Leonard Passmore