Honorable John D. Reed Opinion No. O-5176 

Commissioner 

Bureau of Labor Statistics Re: Penalty for violaAustin, Texas tlon of Article 1577, 

Penal Code, as amended. 

Dear Sir: 

This Is with reference to your letter of April 2, 

1943, reading in part as follows: 

'Article 5181, R.C.S., and Article 1573 through 

1578a, P.C., commonly referred to as the Child Labor 

Law, is placed under the jurisdiction of this Department for enforcement. 

'Article 5181, R.C.S., and Article 1577, P.C., 

set out procedures and conditions under which a 

permit may be granted by a county judge to children 

between the ages of 12 and 15 years to enter emplogment. 

"Articles 1573, 1574, 1575, and 1576 set out 

certain prohibited occupations and Article 1578a, P.C., 

names certain exceptions to the Act. 

"In order to properly carry out the provisions of 

this Act, will you please advise me whether OF not it 

is necessary for an employer of children between the 

ages of 12 and 15 to have posted In his place of business a permit for employment of said minor. If the 

posting of this permit is required what is,,the penalty 

for failure to comply with said provision? 

Article 1577, Penal Code, as amended, reads as 

follovs: 

"Upon application being made to the County Judge 

of any county in which any child over the age of twelve 

years shall reside, the earnings of which child are 

necessary for the support of Itself, Its mother when 

widowed or in needy circumstances, invalid father, or 

of other children younger than the child for whom the 

permit is sought, the said County Judge may upon the 
Honorable John D. Reed, Commissioner, page 2 (O-5176) 

affidavit of such child or its parents or guardian, 

that the child for whom the permit is sought is over 

twelve years of age, that the said child has completed 

the fifth grade In a public school, OF Its equivalent, 

that it shall not be employed in OF around any mill, 

factory, workshop, OF other place where dangerous 

machinery is used, nor In any mine, quarry or other 

place where explosives are used, or where the moral 

or physical condition of such child is liable to be 

injured, and that the earnings of such child are necessary for the support of such invalid parent, widowed 

mother or mother in needy circumstances, or of younger 

children, and that such support cannot be obtained in 

any other manner, and that suitable employment has 

been obtained for such child, which affidavit shall be 

accompanied by the certificate of a licensed physician 

showing that such child Is physically able to perform 

the work or labor for which the permit is sought; Issue 

a permit for such child to enter such employment. Every 

person, firm OP corporation employing any such child 

between the ages of twelve years and fifteen years shall, 

post In a conspicuous place where such child is employed, 

the permit issued by the County Judge; provided that no 

permit shall be Issued for a longer period than twelve 

months, but may be renewed from time to time upon satisfactory evidence being produced that the conditions 

under which the former permit was Issued still exists, 

and that no physical or moral Injury has resulted to 

such child by reason of its employment. In every case 

where a permit is sought for any child between the ages 

of twelve years and fifteen years, the parent, guardian 

or other person in charge or control of such child shall 

appear before the County Judge in person with such child 

for whom a permit is sought before such permit shall be 

issued. Nothing In this Act shall prevent the working 

of school children of any age from June 1 to September 1 

of each .year except that they shall not be permitted to 

work In factory, mill, workshop, and the places mentioned In Sections 2 and 5 of this Act (Article 1574 and 

nor shall their hours of labor conflict with Sec- 

~?~~)~ of this Act (Article 1576)." 

Substantially the same provisions are found in 

Article 5181, Revised Civil Statutes of 1925. 

We have carefully examined the statutes and have 

been unable to find any statute prescribing a penalty for 

the violation ofthose acts and omissions denounced In the 

above quoted Article. 
Honorable John D. Reed, Commissioner, page 3 (O-5176) 

Article 3 of the Penal Code provides: 

#In order that the system of penal~law In force 

in this State may be complete within Itself, and that 

no system of foreign laws, written or unwritten, may 

be appealed to, It is declared that no person shall 

be punished for any act or omission, unless the same 

Is made a penal offense, and a penalty Is affixed 

thereto by the written law of this State." 

Unless the law makes an act or omission an offense, 

and affixes thereto a penalty, such act OP omission cannot 

be punished.' Rogers v. State 8 Cr. R. 401; Smith v. State, 

7 Cr. R. 286; Rail v. State, $0 Cr. R. 109, 188 S.W. 1002. 

While the above quoted Article 1577 requires the 

posting of the permit therein described, you are advised 

that the Legislature has failed to prescribe a penalty for 

failure to comply with the provisions of said article. 

Yours very truly 

ATTORNEY 5BNBRAL OF TEXAS 

By s/ E. 0. PHARR 

E, (1. Pharr 

APPROVED APR. 19, 1943 Asslatant 

s/ OERALD C. MANN 

ATTORNEY OBNBRAL OF TEXAS 

EffPrdb-amm 

F.C.O. 

APPROVED Oplnlon Committee 

By B.W.B. Chairman