. - 

### GENERAL THE ORNEY

OF XAS

FVILL WILSON A-RNEYGENERAL July 24, 1962
Honorable R. B. Iattlng Opinion No. WW-1394 Commissioner Bureau of Labor Statistics Re: Constructionof the term Austin, Texas "calendarweek" as used in Article 5172a,Vernon's Dear Mr. Latting: Civil Statutes.

You have requested an opinion from this office upon the question of:"Doesthe term 'calendarweek' as used In

the statuteGrtlcle 5172a,Vernon's Civil Statuteg mean the period Sunday thmugh Saturday as registered on the calendar, or does the term 'calendarweek' mean a fixed and regularly recurring period of 168hours - seven consecutive 2&-hourperiods?" Section 1 of Article 5172a,Vernon's Civil Statutes, reads in part as follows:

"No female shallbe employed In any factory or any other establishment, institution or enterprisewhere females are employed, for more than nine (9)hours in any one calendar day, nor more than fifty-four (54) hours In any one calendar week." (Emphasisadded) A review of Article 5172a reveals that the term "calendarweek" appears in like manner throughout the statute.

While there have been no cases before the appellate courts of this State construing the term "calendarweek" as used in Article 5172a, or otherwise, there have been casesbefore the appellate courts of other jurisdictionsdealing with the interpretationto be placed upon the term "calendarweek," and in one instance In a situationwhere there was Involved a statute substantiallyidentical to Article 5172a.

In the case of Chrysler Corporationv. State, 163A.2d 239 (Del.Sup. 1960), the Supreme Court of Delawarehad before it an appeal from a conviction Involvingviolations of a statute- ,

Honorable R. B. Latting, Page 2. (ww-1394)
regulating the laws of employment of female workers. The statute involved is set forth as follows:

II

. . .no female shall be employed or permitted to work in an establishment or office to which this chapter applies, more than 6 days in any one calendarweek, nor more than 10 hours in any o?e day, or more than 55 hours in any week.

. . . (Emphasisadded) The Court in its opinion stated that the sole question raised by the appeal was:

I,

. . .whether the words 'calendarweek' and 'week',as the same are used in the statute regulating the maximum hours of work of female employees, shall be interpretedas meaning a week beginning at 12:00 P. M. Saturdaynight and ending at 12:OO P. M. the following Saturdaynight, or any period of seven days." The Court furtherheld in its opinion that: "We think that the language of the statute is clear and needs no construction. It is not disputed that absent any language therein requiring a contrary construction or showing a contrary intent, the words 'calendarweek' must be construed to mean a week beginning at midnight on Saturday and ending at midnight on the following Saturday. Sanborn,.Cal.Ad Sonoma Countyv. 419; Syversonv. Saffer, Misc., 1 0 N.Y.S.2d 774, E affirmed 1 A.D.2d 897, 150 N.Y.S.2d 551; Scilley v. Red Lodge-Rosebud Irr.Dist., 83 Mont. 282, 272 P. 543; King Countyv. City of Seattle, 7 Wash.2d 236, log P.2d 530. . . .'I (Emphasisadded) Black's Law Dictionary, Fourth Edition, 1951, defines "calendarweek" as:

"Ablock of seven days registered on calendar beginningwith Sunday and ending with Saturday." Webster's New InternationalDictionary, Second Edition, 1938, defines "calendarweek" as:

"Aperiod of seven days, usually reckoned from one Sabbath or Sunday to the next."Honorable R. B. Latting,page 3. (WW-13~94)

39 Tex.Jur., 197, Statutes, 8105provides that: "One of the primary and settled rules of construction is that words In commonuse, when contained in a statute,will be read according to their natural, ordinary and popular meaning, unless a contrary intention is clearly apparent from the context, or unless there is somenecessity, In a particular case, for adopting a different construction.
. . ." See also, Article 10,Vernon's Civil Statutes.

In view of the court decisionsheretofore cited and the customaryusage of the term "calendarweek," we are of the opinion that the term "calendarweek," as used in Article 5172a, refers to a period of time of seven (7)days commencingat 12:00 P.M. on a Saturdaynight and ending at 12:00 P.M. on the following Saturdaynight.SUMMARY

The term "calendarweek," as used In Article 5172a,Vernon's Civil Statutes, refers to a period of time of seven (7)days commencingat 12:00 P.M. on Saturdaynight and ending at 12:00 P.M. on the following Saturdaynight. Yours very truly, WILL WILSON Attorney General of Texas

BY Pat Bailey Assistant PB:wb:zt APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Robert Rowland Charles Lind Robert Patterson Fred D.Ward REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore