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 employment e 

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 5s 4rticle 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 thousand 
1 ‘, ;, 

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~m Section 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 

f emalas 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 

~,in any 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. 
Ronorable M. B. Morgan, page 3 (wW-184) 

Section 5, Brticle .!5172a,mempts mercantile establishments and telephone and telegraph companies 

from coverage under Section 1, Article 5172a, only 

if the city, town or village in which they are located has less than three thousand Inhabitants, or 

if located in rural districts. 

Very truly yours, 

WILL WILSOB 

Attorney General of Texas 

WRT:pfrwb 

,APPROVED: 

OPINION COMMITTRR 

BY 

Marvin A. Thomas, Jr. 

Assistant 

H.,Grady Chandler, Chairman 

Marietta McGregor Payne 

Wayland C. Rivers, Jr. 

Roger I. Wily 1 

REVIRWRD FOR TRE ATTORNEY GENERAL 

BY, Geo. P. Blackburn