Honorable John D. Reed OpinionNo. 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., commonlyreferred to as the Child Labor Law, is placed under the jurisdictionof this Department for enforcement. 'Article 5181, R.C.S., and Article 1577, P.C., set out procedures and conditionsunder which a permitmay be grantedby a county judge to children between the ages of 12 and 15 years to enter emplogment."Articles1573, 1574, 1575, and 1576 set out certainprohibited occupationsand Article 1578a, P.C., names certain exceptions to the Act.
"In order to properly carry out theprovisions of this Act, will you please adviseme whether OF not it is necessary for an employer of childrenbetween the ages of 12 and 15 to have posted In his place of business a permit for employment of saidminor. If the posting of this permit is required what is,,the penalty for failure to complywith said provision? Article 1577, Penal Code, as amended, reads as follovs: "Uponapplicationbeingmade to the County Judge of any county in which any child over the age of twelve years shall reside, the earnings ofwhich child are necessary for the support of Itself, Itsmother when widowed or in needy circumstances, invalid father, or of other childrenyounger than the child for whom the permit is sought, the said County Judgemay upon theHonorable 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 childhas completed the fifth grade In a public school, OF Its equivalent, that it shall not be employed in OF around anymill, factory, workshop, OF other placewhere dangerous machinery is used, nor In any mine, quarry or other place where explosives are used, or where themoral 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 invalidparent,widowed mother ormother in needy circumstances,or of younger children, and that such support cannot be obtained in any othermanner, and that suitableemploymenthas been obtainedfor such child,which affidavit shallbe accompaniedby the certificate of a licensedphysician 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 conspicuousplace where such child is employed, the permit issuedby the County Judge; provided that no permit shallbe Issued for a longerperiod than twelve months, but may be renewed from time to time upon satisfactory evidencebeing produced that the conditions under which the former permit was Issued still exists, and that no physical ormoral Injuryhas resulted to such child by reason of its employment. In every case where a permit is **sought** for any childbetween the ages of twelveyears 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 soughtbefore suchpermit shallbe issued. Nothing In this Act shallprevent the working of school children of any age from June 1 to September 1 of each .yearexcept that they shallnot be permitted to work In factory,mill, workshop, and the placesmentioned In Sections 2 and 5 of this Act (Article1574 and

nor shall their hours of labor conflictwith Sec- ~?~~)~ of this Act (Article1576)." Substantially the same provisionsare found in Article 5181,Revised Civil Statutes of 1925.

We have carefullyexamined the statutesand have been unable to find any statuteprescribing a penalty for the violation ofthose acts and omissionsdenounced In the above quotedArticle.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 Statemay be completewithin Itself, and that no system of foreign laws, written or unwritten,may be appealed to, It is declared thatno 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 quotedArticle 1577 requires the posting of the permit thereindescribed,you are advised that the Legislaturehas failed to prescribe a penalty for failure to complywith 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

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F.C.O. APPROVED Oplnlon Committee By B.W.B. Chairman