Honorable M. B.

Commissioner Bureau of Labor Capitol Station Austin, Texas 

## OP TEXAS

AUBTIN 11. -.s July 8, 3957 Morgan Statistics

Dear Mr. Morgan: Opinion Ao. WW-184. Rer Interpretation and construction of Section 5, Article 5172a, Vernon’ s Civil Statutes, Hours of Work for Female Employees and Exceptions as to c3rtain employmente You have requested our opinion upon the construction of Section 5, Article 5172a, Vernon’s Civil Statutes, and ask to be advised if the exemptions under said statute, as to stenographers, pharmacists, mercantile establishments, telephone and telegraph companies apply only to rural districts, and in cities or towns or villages of less than three thousand population. Section 1, Article 5172a, Vernon’s Civil Statutes, reads as follows~

Wo female shall be employed in anv frctory, mine, mill? workshop, mechanical or mercantile establishment, hotel, restaurant, rooming house, theater, moving~~picture show, barber shop, beauty shop, road sides dz%ls and/or food vending establishment , talema& telephone or other off ice, express or transportation oompany, or any State l@itution, ‘or any other eetablltient, institutisn or enterprise wherr f?naldr are employed ior. apre ,tharr w.,.-(9) &mrs~.&& any %ne calm& .’ ; ‘~ day, ‘nor i&e ‘than fifty-four (54) hours in any one calendar week,” (Emphasis ours). Section 

## 5s4rticle 5172a9 Vernon’s Civil Statutes, entitled “Exceptions as to certain employments,” reads in part as follows:

“The four (4) preceding Sections shall not apply to stenographers and pharmacists, nor to mercantile establishments, nor telephone and telegraph companies in rural districts, and In cities or towns or villages of less than three thousand1 ‘, ;,

Honorable M. B. Morgan, page 2 &W-l@+)

,’ (3OdO) inhabitants as shown by the last preceding Federal Censug, nor to o 0 ’

-”

‘The language of Section 59 Article 5172a, clearly exempts stenographers and pharmacists fro~mSection 1, Article 5172a, irrespective of the number of inhabitants in the particular rural di~strict, city, town, or village’ wher’e they work.

Section 1, Article 5172a, states~ spe:oifically .that femalas working in mercantile establishments and telephone and, telegraph companies shall not be employed for more than nine hours in any one calendar day, nor more than fifty-four hours ~,inany one calendar week.

A cardinal rule ,of construction requires that all the language and every part ‘of, a statute be, given effect, if reasonably possible. A ‘c,onstruotlon should .not be ,adopted if ,~ ,it can be avoided, that ~111~render’ any. part of the act inoperative, nugatory or superfluous:. 39 Tex.Jur. 208, Statutes, Section ,112.

Another fundamental rule requires’that a statute be construed as a whole and that all of its parts be harmonized, if possible,, so as to ,give ef$ect to the entire act., Each part of the statute is to be considered in connection with every other,‘part and the entire ,ehactment 9 in order to produce a harmonious whole 0 A provision will not be given a meaning out of

,’ harmony with other prov~isions and inconsistent with the purpose of the~act, although it would’be susceptible of such construction if standing alone y 39 ,Tex.Jur. 209, Statutes, Section 113.

Should Section 5, Article 5172a, be construed to exempt mercantile establishments and telephone and telegraph companies, regardless of their, location, from the coverage of Section 1, Article 5172a, the ‘effect would be,to render the words “mercantile establishments” and Walegraph, telephone” su- ” perfluous or nugatory ‘as used in Se@t$an .l, gPticle 5172a.This construction we cannot apply because to do so would make the two sect,ions inconsist eat 0

You are “accordingly advised that mercantile establishments and telephone and telegraph companies are exempted from Section 1, Article ,5172a, fn rural districts, cities or’ towns~of less than three thousand inhabitants as shown by the last preceding Federal Census.

### RonorableM. B. Morgan,page 3 (wW-184)

Section 

## 5,Brticle .!5172a,mempts mercantileestablishmentsand telephoneand telegraphcompanies from coverageunder Section 1, Article 5172a, only if the city, town or village in 

### which they are locatedhas less than three thousand Inhabitants, or if located in rural districts. Very truly yours, WILL WILSOB AttorneyGeneral of Texas

WRT:pfrwb ,APPROVED: OPINION COMMITTRR BYMarvin A. Thomas,Jr. Assistant

H.,Grady Chandler,Chairman MariettaMcGregorPayne Wayland C. Rivers,Jr. Roger I. Wily 1 REVIRWRDFOR TRE ATTORNEYGENERAL BY, Geo. P. Blackburn