. - 

THE ORNEY GENERAL 

OF XAS 

FVILL WILSON 

A-RNEYGENERAL 

July 24, 1962 

Honorable R. B. Iattlng Opinion No. WW-1394 

Commissioner 

Bureau of Labor Statistics Re: Construction of the term 

Austin, Texas "calendar week" as used 

in Article 5172a, Vernon's 

Dear Mr. Latting: Civil Statutes. 

You have requested an opinion from this office upon the 

question of: 

"Does the term 'calendar week' as used In 

the statute Grtlcle 5172a, Vernon's Civil 

Statuteg mean the period Sunday thmugh Saturday as registered on the calendar, or does the 

term 'calendar week' mean a fixed and regularly 

recurring period of 168 hours - seven consecutive 2&-hour periods?" 

Section 1 of Article 5172a, Vernon's Civil Statutes, 

reads in part as follows: 

"No female shall be employed In any factory 

or any other establishment, institution or 

enterprise where 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." (Emphasis added) 

A review of Article 5172a reveals that the term "calendar week" 

appears in like manner throughout the statute. 

While there have been no cases before the appellate 

courts of this State construing the term "calendar week" as 

used in Article 5172a, or otherwise, there have been cases before the appellate courts of other jurisdictions dealing with 

the interpretation to be placed upon the term "calendar week," 

and in one instance In a situation where there was Involved a 

statute substantially identical to Article 5172a. 

In the case of Chrysler Corporation v. State, 163 A.2d 

239 (Del.Sup. 1960), the Supreme Court of Delaware had before it 

an appeal from a conviction Involving violations 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 calendar week, nor more than 10 hours in 

any o?e day, or more than 55 hours in any week. 

. . . (Emphasis added) 

The Court in its opinion stated that the sole question raised 

by the appeal was: 

I, . . . whether the words 'calendar week' and 

'week', as the same are used in the statute regulating the maximum hours of work of female employees, shall be interpreted as meaning a week beginning at 12:00 P. M. Saturday night and ending at 

12:OO P. M. the following Saturday night, or any 

period of seven days." 

The Court further held 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 'calendar week' must be construed 

to mean a week beginning at midnight on Saturday 

and ending at midnight on the following Saturday. 

Sanborn,.Cal.Ad Sonoma County v. 

419; Syverson v. Saffer, Misc., 1 E 0 N.Y.S.2d 774, 

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 County v. City of Seattle, 7 Wash.2d 

236, log P.2d 530. . . .'I (Emphasis added) 

Black's Law Dictionary, Fourth Edition, 1951, defines 

"calendar week" as: 

"A block of seven days registered on calendar beginning with Sunday and ending with Saturday." 

Webster's New International Dictionary, Second Edition, 1938, defines "calendar week" as: 

"A period 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, 8105 provides that: 

"One of the primary and settled rules of construction is that words In common use, 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 some necessity, In a particular 

case, for adopting a different construction. . . ." 

See also, Article 10, Vernon's Civil Statutes. 

In view of the court decisions heretofore cited and 

the customary usage of the term "calendar week," we are of the 

opinion that the term "calendar week," as used in Article 5172a, 

refers to a period of time of seven (7) days commencing at 

12:00 P.M. on a Saturday night and ending at 12:00 P.M. on the 

following Saturday night. 

SUMMARY 

The term "calendar week," as used In Article 

5172a, Vernon's Civil Statutes, refers to a period 

of time of seven (7) days commencing at 12:00 P.M. 

on Saturday night and ending at 12:00 P.M. on the 

following Saturday night. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

BY 

Pat Bailey 

PB:wb:zt Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Robert Rowland 

Charles Lind 

Robert Patterson 

Fred D.Ward 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore