September 3, 1993 

 

Mr. Jack W. Garison 

Commissioner 

Texas Department of Licensing 

  and Regulation 

P.O. Box 12157 

Austin, Texas 78711

Letter Opinion No.  93-77 

 

Re:   Construction of "newspaper" 

exception to article 5221a-7, 

V.T.C.S.     (ID#  16369)



 

Dear Mr. Garison: 

 

	You have asked this office to interpret article 5221a-7, V.T.C.S.  In particular, 

you are interested in section 1(5) of the statute, which exempts newspapers of general 

circulation and certain other periodicals from regulation as personnel services. 

 

	The relevant portion of section 1(5) reads as follows: 

 

	"Personnel service" means a person who for a fee or without a 

fee offers or attempts to procure directly or indirectly 

permanent employment for an employee or procures or attempts 

to procure a permanent employee for an employer.  The term 

does not include a newspaper of general circulation or other 

publication that primarily communicates information other than 

information relating to employment positions and that does not 

purport to adapt the information provided to the needs or 

desires of an individual applicant. 

 

V.T.C.S. art. 5221a-7, § 1(5). 

 

	You have asked whether the exemption of a "newspaper of general circulation or 

other publication" is to be construed narrowly to exempt only the publishing or 

distributing of such a periodical, rather than the holding of a "job fair" which charges 

admission at the door.  We believe that it is. 

 

	We note that such exemption is granted only to a publication "that primarily 

communicates information other than information relating to employment positions."  In 

our view, this language indicates that the legislature intended to exempt newspapers or 

other periodicals which, as an adjunct to their other services, publish such things as "Help 

Wanted" ads.  The exception seems to us clearly to have been narrowly tailored. 

 

	In addition, we note that exceptions to remedial legislation are to be narrowly 

construed.  When the legislature crafts specific exclusions or exceptions to a statute, no 

other exceptions are intended.  Unigard Sec. Ins. Co. v. Schaefer, 572 S.W.2d 303, 307 

(Tex. 1978); City of Dallas v. McKasson, 726 S.W.2d 173, 176 (Tex. App.--Dallas 1987, 

writ ref'd n.r.e.).  A blanket exception of any entity on the sole basis that such a business 

enterprise published a "newspaper" would in our view be too broad a construction of the 

statutory exception here. 

 

	Accordingly, the mere fact that a business enterprise includes among its activities 

the publication of a "newspaper of general circulation or other publication" does not 

exempt it generally from regulation under article 5221a-7, V.T.C.S. 

 

S  U  M  M  A  R  Y 

 

	The mere fact that a business enterprise includes among its 

activities the publication of a "newspaper of general circulation or 

other publication" does not exempt it generally from regulation 

under article 5221a-7, V.T.C.S. 

 

						Yours very truly, 

 

 

 

						James Tourtelott 

						Assistant Attorney General 

						Opinion Committee 





LO- 

LDB 

 

ID-16369 

 

 

 

INDEX HEADINGS 

Business and commerce 

Labor 

 

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Mr. Jack W. Garison  -  Page  2