Texas Attorney General Opinion: WW-471 Page: 4 of 6
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Honorable O. L. Stiefer, Page 4 (WW-471)
At the writing of that opinion the employment agencies
were operating under the Texas Employment and Labor Agency
Law which was House Bill 264, enacted by the 48th Legislature,
Regular Session, Acts of 1943, Chapter 67, Page 86, and codified
as Article 5221a-4, Vernon's Civil Statutes, 1925, as amended.
Section 11 of that Article-authorized the agencies to charge fees
as follows:
"Sec. 11. . . . employment or labor
agents . . . may charge . . . a fee not to
exceed thirty (30) per centum of the first
month's salary, which may be collected
from the applicant only after employment
has been obtained and accepted by the
applicant."
This office held, in that opinion, that the fees
authorized by Section 11:
* are to be paid by the
applicant or employee only after the
employment has been obtained and
accepted by the applicant. Any fee
or charges made to or paid by the
applicant prior to this event is con-
trary to and is an attempt to circumvent
the statute. . .."
n... Attorney Generalts Opinion R-2571 (1951) the question
4s t,' t- amount of the fee to be charged in connection with
s-cu riinj a beer dealers permit was answered. The statute,
(Art. 667-6 (f) V.P.C.), provided that each applicant for a
..r -ense " . . shall be subject to a fee of five ($5.00)
S . a -the applicant shall be liable for no other fees
except :aid .application fee and the annual license fee required
"t was held, in that opinion:
". . . that $5.00 is the only fee
that may be charged an applicant for a
beer permit. ..
Statutes which fix fees are to be strictly construed.
The Court, in Moore v. Sheppard, 144 Tex. 537, 192 S.W.2d
559 (citing McLennan County v. Bogqess, 104 Tex. 311, 137
S.W. 346) said:"That the fixing of official
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-471, text, July 8, 1958; (https://texashistory.unt.edu/ark:/67531/metapth267082/m1/4/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.