HEAI"FOWNEY GENERAL 

QFTEXAS 

AUSTIN. ,%ZLAS 78711 

CXAWE-“RD c. MARTlN 

February 3, 1970 

Mr. Tommy V. Smith 

Commissioner 

7wOpinion No.570 

Bureau of Labor Statistics RE: Whether H.B. 156, Minimum 

Capitol Station Wage Act of 1970 is applicAustin, Texas 78711 able to employees of motion 

picture theatres who are 

Dear Mr. Smith: 

exempted under the provisions 

of the Federal Fair Labor 

Standards Act of 1938, as 

amended. 

By letter of January 2, 1970 you have~requested an 

opinion concerning H.B. 156, Minimum Wage Act of 1970 Acts 

61 Leg. Reg.Session, Ch. 769, p. 2348 (1969) (Article 5159d, 

Sections l-16, R.C.S. of Texas) which becomes effective 

February 1, 1970. Rephrased, your question is as follows: 

"Is H.B. 156, Minimum Wage Act of 1970, 

applicable to employees of motion picture 

theatres who are exempted under the provisions of the Federal Fair Labor Standards 

Act of 1938, as amended." 

Section 4(a) of the Texas Minimum Wage Act of 1970 

reads as follows: 

"The provisions of this Act shall not apply 

to any person covered by provisions of the 

Federal Fair Labor Standards Act of 1938, 

as amended." (Emphasis added) 

Section 213 of the Federal Fair Labor Standards Act 

of 1938 (29 U.S.C. 213) contains numerous specific exceptions, 

among which is subsection (a)(9), which reads as follows: 

"(a) The provisions of Section 206 and 207 

of this title shall not apply with respect 

to - 

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Mr. Tommy V. Smith, page 2, (M- 570) 

"(9) Any employee employed by an establishment 

which IS a motion picture theater:" 

(Emphasis added.) 

Sections 206 and 207 of the Federal Fair Labor Standards 

Act provide for minimum wages and maximum hours for certain 

individuals not exempted by Section 213. 

Section 4(a) of the Texas Minimum Wage Act of 1970 is 

an express exception to the general rule and policy as 

stated in other provisions of the act. It has long been 

the rule of the courts to construe exceptions and provisions 

strictly. Missouri-Kansas-Texas Railroad Co. of Texas v. 

Thomason, 280 S.W. 325 (Ct.Civ.App. 1926) err. ref. The 

Gnauaae of a statute is Dresumed to have been selected 

by the legislature and u&d with care and deliberation with 

full knowledge of all existing statutes on the subject 

matter. 53 Tex.Jur.Zd 270, Sec. 181; Robertson v.State, 

406 S.W.2d 90, Ct.Civ.App. 1966, err. ref. n.r.e. Where 

questions arise concerning the interpretation of the words 

used in the statute, the Texas Legislature has provided 

that the ordinary signification shall be applied to those 

words. Art. 10, R.C.S. 

As commonly understood the word "provisions" means 

articles, clauses or stipulations. Webster's 3rd New International Dictionary, Unabridged, 1969, p. 1827. Obviously 

all sections of an enactment are "provisions" within the 

ordinary signification of that word, regardless of the 

contents of those provisions. Consequently, Section 213 

of the Federal Fair Labor Standards Act of 1938, and the 

amendments thereto, collectively comprise one of the "provisions" of the federal wage and labor act or agreement. 

Insofar as we are aware, the words "covered by" have never 

been interpreted by the courts of Texas. The words "covered 

by" are ordinarily defined as "included in the group with 

respect to which a particular agreement is in force." 

Webster's 3rd New International Dictionary, Unabridged, 1969, 

p. 524. To cover a person would mean to protect him by 

means of a minimum wage provision. In the field of insurante , to "cover" is interpreted as meaning to protect by 

way of insurance. See Black's Law Dictionary, 4th Ed., p. 

439 "cover. 11 The Federal Act is a particular undertaking 

to include certain employees and businesses under regulations 

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Mr. Tommy V. Smith, page 3, (M-570) 

as to maximum hours and minimum wages and exclude other 

employees as amended in Sec. 213. The Federal Act is 

not in force and does not regulate those persons Set, 

213 exempts. 

The words of the statute and their significance as used 

may be determined with reference to the object and purpose 

of the enactment, reading the intention and meaning of the 

legislature from the statute as a whole. Gden v. Gates, 

119 Tex. 76, 24 S.W.2d 381, 1930. Owens v. Stovall 64 

S.W.?d 360 (Ct,Civ.App. 1933) err, ref.; 53 TexJurb2d 

191, Sec. 130. 

Consideration of the policy and the whole of the Texas 

Minimum Wage Act of 1970 make it,clear that the legislature 

was primarily concerned in specifically excluding from Texas 

regulations any employee protected or regulated by the 

Federal Act. Those persons not included in Sec. 213 of 

the Federal Act (Sec. 213) are subject to regulation of 

the Texas Act, except where the Texas Act (Set, 4[a]) 

specifically exempts some of these same individuals, e.g., 

certain telephone employees. The Texas Act seeks to avoid 

conflict with the wage and hours regulations of Sections 

206 and 207 of the Federal Act and to accomplish its purpose 

by regulating those employees in areas which the Federal 

Act has not pre-empted, Although a strict interpretation 

of express exceptions is usually employed, it is axiomatic 

that a statute may be liberally construed to effectuate the 

general remedies sought. 

The express exemption of Set, 4(a) of the Texas Minimum 

Wage Act of 1970 only exempts those employees which are 

regulated, or covered by, the provisions of the Federal Fair 

Labor Standards Act of 1938, Under this reasoning, it is 

therefore the opinion of this office ion picture 

employees are not among those persons he Federal Fair 

Labor Standards Act *covers* and are therefore subject to 

regulation by the Texas Minimum Wage Act of 1970, 

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. . 

Mr. Tommy V. Smith, page 4, (M- 570 ) 

SUMMARY 

Motion picture emnlovees are not amone those 

persons "covered by" provisions of the Federal 

Fair Labor Standards tic= UL 1~38, as Qmenaeu, 

and are therefore subject to regulation by the 

Texas Minimum Wage Act of 1970. 

Prepared by Bennie W. Bock II 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Xerns Taylor, Chairman 

Monroe Clayton 

Earl Hines 

Houghton Brownlee 

Jack Dillard 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

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