Judges: JOHN L. HILL, Attorney General of Texas
Filed Date: 1/12/1977
Status: Precedential
Modified Date: 7/6/2016
The Honorable Joe Christie Chairman State Board of Insurance 1110 San Jacinto Austin, Texas 78786
Re: Required presence of attendants at self-service gasoline stations.
Dear Chairman Christie:
You have requested our opinion regarding whether article 9201, V.T.C.S., requires the presence of attendants at self-service gasoline stations.
Article 9201 empowers the State Board of Insurance to formulate, adopt, and promulgate rules and regulations for the safe storage, handling and use of flammable liquids at retail service stations within the scope provided by Sections 4, 5 and 6 of this Act. Sec. 2(a).
Article 9201 confers broad authority upon the Board to regulate flammable liquids which are stored on the premises of retail service stations. Section 2(c) provides, however:
Nothing in this Act or the rules and regulations promulgated pursuant to this Act shall in any manner be interpreted as prohibiting, or permitting the prohibition of, self-service gasoline station operations, so long as such stations require an attendant to be on the premises.
You inquire whether section 2(c) requires that every self-service gasoline station have an attendant, or whether it merely permits the Board to impose such a requirement.
Section 2(c) is `to be regarded as though it were an exception' to the general regulatory scheme of the statute. City of Baytown v. Angel,
It is well established that exceptions to a statute indicate that the statute is applicable in all cases not specifically excepted. State v. Richards,
Very truly yours,
John L. Hill Attorney General of Texas
Approved:
David M. Kendall First Assistant
C. Robert Heath Chairman Opinion Committee
Securities & Exch. Com. v. American Internat'l S. & L. Ass'n , 199 F. Supp. 341 ( 1961 )
A. H. Phillips, Inc. v. Walling , 65 S. Ct. 807 ( 1945 )
City of Baytown v. Angel , 469 S.W.2d 923 ( 1971 )
Missouri-Kansas-Texas R. v. Thomason , 280 S.W. 325 ( 1926 )
State v. Richards , 157 Tex. 166 ( 1957 )
Securities & Exchange Commission v. Ralston Purina Co. , 73 S. Ct. 981 ( 1953 )