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

OpinionNo. Ww-1472 Re: Whether the Blue Laws of the State of Texas permit the repairing of televisionreceivers for compensationon Sunday? Whether the Blue Laws of the State.ofTexas permit the,

sale of television parts on Sunday?
You have furnished this office with an opinion on questionspertaining to the applicability of the Blue Laws to the repair and service of televisionsets~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 serviceman or a TV repair company could service television receiverson 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 apprenticesto labor on Sunday, or any person who shall hunt game of any kind whatsoever on Sunday Within one-halfmile 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 applicableunder certain conditionsas 'follows: "The precedingarticle shall not apply to householdduties,works of necessityor

. ..charity.

nor to necessarywork on farms orMr. Henry Wade, Page 2 (WW-1472)

plantationsIn 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 receivingor 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 herderswho have a herd of stock actuallygathered and under herd; nor to persons traveling;nor to ferrymen or keepers of toll bridges,keepers of hotels, boarding houses and restaurantsand 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 observedas the Sabbath, and who actually refrains from business and labor on that day for religiousreasons." Under these statutes it seems to be the obvious intent of the Legislaturethat no labor may be performed on Sunday except as excepted In Article 284. We, therefore, concur in your opinion that the repairingof television sets cannot le ally be performedon Sunday. An analysis of Article 2 6a shows that it does not g apply In any way to service and labor. Articles286, 286a and 287 are the sectionsof the Sunday Blue Laws governing the sale of merchandiseon Sunday. We musts therefore,analyze these statutes In order to answeryour second question relating to the sale of television receivingtubes 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 businesswhatsoever, or the proprietorof any place of public amusement9or 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. TheMr. Henry Wade, Page 3 (W-1472)

term place of public amusement,shall be construed to mean circuses, theaters,varietytheaters

and such other amusementsas are exhibitedand for which an admission fee is charged;and shall also Include dances at disorderlyhouses, 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 Saturdayand Sunday of certain enumerated items in the following language:

“Section 1. Any person, on both the two (2) consecutivedays of Saturday and Sunday,who sells or offers for sale or shall compel, force or oblige his employees to sell any clothing; clothingaccessories; wearing apparel; footwear;headwear;home, business, office or outdoor furniture;kitchenware;kitchen utensils; china; home appllantes; stoves; refrigerators; air conditioners; electric fans; radios; televisionsets; washing machines; driers; cameras;hardware; tools, exeludingnonpower driven hand tools; jewelry; precious or semi-precious stones; silverware; watches; clocks; luggage;motor vehicles; musical instruments; recordings;toys, excluding Items customarilysold 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 constitutea 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 consideredas repealedby this Act; *.." Article ,287

exempts certain items from the prohibition against sale on Sunday. The exemptionsthere listed are not applicableto radio and televisiontubes and parts. We must look to Section 1 of Article 286a toMr. Henry Wade, Page 4 (WW-1472)

see If any of the Items there enumeratedpermit the sale of televisionand radio parts and tubes on Saturday or Sunday as It is clear that under the provisionsof Article 287 the sale of such items are not permittedon Sunday.
In a recent opinion (WW-1333) we pointed out that "the term 'hardware' should be held to Include those items which according to establishedcustoms and uses are includedwithin 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 Dictionaryof 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 "machinesand appliances". We thereforeconcur in your opinionwherein you have held that "to the extent that the content of televisionstubes and parts is In substantial part metal, such articles are Included In the term 'hardware', as are nails, screws, door knobs, plumbing fittings,automobileparts, fish hooks, etc." SUMMARY

Artiole 284, Vernon's Penal Code, prohibits the repairingof televisionand radio recelvors on Sunday for compensation. Artlole 286a, Vernon's Penal Code, prohibits the sale of radio and televisiontubes and parts on the two consecutivedays of Saturday and Sunday.
Yours very truly,

NVS:nssI

.

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