Untitled Texas Attorney General Opinion ( 1939 )

1.65
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
$onorable I... A. Woedo
state Superintendent of Pub110 Pnetruotlon
AUdiin, Texas
pear sir:
Your request for an 0
a# umd in Artiola 295, Penal C
thl8 Pepartment.
Artlole e95, Psilil C
pon any pub110
oh eohool after
BUChsabocl to
loam suoh gro leas than rive nor
more than trrvn
drfinitiena am tOere giv;n, the firat
term as used in ltrr “broad aen@' or in
atlnp6 that the word ie so!#t~r tied ~to
lXtCdml
nade t
A.66
200. L. A. Woode, Page 2
In the ease of Shaw V. Carter, 28'7Pac. 2T3, the Oklahoma
supreme Court, In dlscuss~ the meenln~ of the word “semvlon,”
&mrly reoognlzes that the word can be end la used in both a broad
end restrict&d sense. The court sets out the result of an extended
study on the subjeat and makes exhaulrtfve comments on both meanings.
ubila the oooaslon Sor deilnlng the word has never arisen under
Artlole 295, Penal Code, the Courts OS Texas have reoognlxed the
faot that the word does have two 616tlnot meanings and have further
recognized a clear-out dlstlnotlon between the meaning OS the word
*sesalon” and that OS the word *term.* 606 Robertclonf. state,
70 2, 3. 542; Llparl Y. state, 19 Tex. hppe. 431; 3merson v. P.K.T.
W., 82 S. 6'.1060.
Xebster’s Internettonal Dictionary elves the SolIoulng
general derlnitlon:
“The actual or construotlvs sitting OS e oourt,
ooum3e1, leg1sIature, eto., or the actual or aormtruo-
tlve aseembly OS the members of suah a body, for the
traneaotlon OS business. . . v
The 8am authority glres the following deilt&tlor, atv relat-
lng to sduoatlon:
“A period OS the year during whloh au eduoatloual
institution oonduate olasees or gl~'eelnstruotlone.r
The intention aS the Leglelature in enacting this etatute
becomes clear when all the a’ttendant olroumstanoea are taken into
oonslderatlon. The buildings and property OS mhoole are proteoted
by other general lawe rehtlug to trespass, burglary and theit.
The evident purpose OS ths statute under oonslderatlon la the pro-
teotlon of children and the preaervatlon OS order and deoontm through-
out that period OS the day during which sohool 18 open and In 6eW3ion.
The authority OS teachers In charge is clearly reboplzed and auS-
talned. Had the Legislature intended the statute to operate at
+ny other time, no apparent reason exlets Sol’.llmltlng its applloa-
tlon to any particular period OS the year; Turthermore, ii the Legle-
lature rceant to reier to the entire sohool year, the word utennw would.
have been appropriate and speoiiio.
It la themfore the opinion OS this Department thist the
term Wm5ssion,n aa used in Artlole 295~, Penal Code, refers to that
period OS the day during which a sohool lo open, alasses are eon-
duoted and other business and sohool matters are oonsldsred. In other
soa. L. AI YiOods, Page :3
w&s, the seselon of a eohool oomlwnoes at the time the door8 are
opened In the morning and oloses at the time the pereon in ohargo
look6 the doors In the afternoon or evening,
Your8 very truly