Texas Attorney General Opinion: M-651A Page: 1 of 4
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TOF TEXAS
AUSTIN, TEXAS 78711
CRAW'FORD C. MARTINA
AfTOUNEIY OENYE AL
July 15, 1970
Dr. George J. Beto, Opinion M-651-A
Director
Texas Department of Corrections Re: Whether the Texas Department
Huntsville, Texas 77340 of Corrections may qualify for
a license to operate a barber
school under Article 734a,
V. P. C.; Supplementing
Dear Dr. Beto: Opinion No. M-651.
Since the release of our Opinion No. M-651 on June 19, 1970, the
State Board of Barber Examiners has requested our reconsideration of
the opinion because of certain dissatisfaction by barber schools and bar-
bers with the result reached. We have accordingly conducted a new hear-
ing with representatives of the Board present and after having duly con-
sidered all matters and arguments we have concluded that our opinion was
correct. Supplementing that opinion, we desire to add thereto further
authorities in support of our holding.
Article 22 of Vernon's Penal Code of the State of Texas leaves no
doubt that the State is to be included in the term "person" under the Penal
Code; Article 734a being construed is a part of that Code. Article 22
reads, in part:
"Whenever any property or interest is intended
to be protected by this Code, and the term 'person' or
any other general term is used to designate the party
whose property it is intended to protect, the protection
given shall extend to the property of the State . . .
We also observe that in construing such code statutes, the Code
Construction Act, Article 5429b-2, Vernon's Civil Statutes, provides rules
to aid in the construction of codes and amendments to them. Its Section
1. 04 prescribes the following definition of "person" to be applied unless
the statute or context in which the word or phrase is used requires a dif-
ferent definition:-3122a-
THE ATTORNEY GENERALkn O
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-651A, text, July 15, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269877/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.