Untitled Texas Attorney General Opinion ( 1961 )

E OENEY OF ‘gEXAS August 17, 1961 Mr. Norman W. Barr Opinion No, WW-1118 County Attorney San Angelo, Texas Re: Whether Veterans organinations, such as the American Legion, and FraternaP organisations, such as the Elks Lodge, are exempt from complying with the provisions of H. B. 892. 57th Legislature, Regular Dear Mr. Barr: Session. This rbfers to your inquiry as to whether veteran’s organizations such as the American Legion and fraternal organizations such as the Elk’s Lodge are exempt from complying with House Bill 892, Acts of the 57th Legielature, Regular Session, Ch. 262, p? 559 (codified in Vernon’s Anno- tated Penal Code as Article 666-15 (6) of the Texas Liquor Control Act), Section 1A of the subject act provides: “Providdd. however, that nothing in Section 15(e) of Article I of the Texas Liquor Control Act shall apply to Fraternal or Veterans Clubs. II The Act does not define the words *%‘eterans, ‘I “Fraternal” and “Clubs. II However, Article 8 of the Texas Penal Code provides: “Words which have their meaning specially defined shall be understood in that sense, though it be contrary to the usual meaning: and all words used in this code, except where a word, term or phrase is special1 defined, are to be taken and construed in the sense i&ich they are under- stood in common language, taking into consideration the context and subject matter relative to which they are em- ployed. ” . Mr. Norman Barr, page 2 (WW-1118) Webster’s International Dictionary, Second Edition, defines “Fraternal” as follows: “!I. Cf, pertaining to, or involving brethren, becoming brothers. ‘I; Among the definitions of tha.word “brother” in that lexicon is the following: “4. One related or closely united to another by *ome common tie or interest, as sovereign rank, pro- fession, membership, in a society. , , . s9 In this same work one of the definitions given for the word “Veteran” is as follows: “la. One who has had long experience and prac- tice in any service or profession, industry, or art, or originally and commonly in military service: as a veter- an of the South Pacific, of the law, or the state. The term has been used variously, as in interpreting mili- tary orders and provisions of statutes. The general and popular meaning, however, is one who has seen service, as distinguished from a recruit or a soldier in his first enlistment. b. U. S. statutes. An ex-member of the military or m&al service who~by length and type of ser- vice or degree of disablement, honorable discharge OP release, and otherwise, meets statutory requirements precedent to the extension of benefits provided by law for ex-servicemen. ‘I Bearing in mind the foregoing definitions, it is clear that the American Legion and the Elk’s organisations fall within the broad ambit of the phrase “Fraternal or Veterans Clubs. ” Accordingly, it is our opinion that ~the American Legion and the Elks are organiaations which are exempt from the application of the sub- ject Act. Mr. NDrmaii ti. Barr, page 3.(WW-1116j SUMMARY The American Legion and the Elks are organisations which are exempt from the application of H. B. 892, Acts of the 57th Legislature, Regular Session, Ch, 262, p. $59, by Section la of such Act. Very truly yours, WILL WILSON Atto&y General of Texas Assistant HB:dh APPROVED: OPINION COMMITTE~E W. V. Ceppert, Chairman Elmer McVey Morgan Nesb itt Bob Shannon Tom Burrio REVIEWED FOR THE ATTORNEY GENERAL BY: Hv&hton Brownlee, Jr.