Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
I AUSTIN
February 9, 1959
I
,
3011. Rogers Kellay
Senate Chmber
,:.uetin, Texas
Dear Senator Xallejr:
By your letter
the opinion of this Cepa
as it afiects the movement of perishable f&rults end voge-
tables produced in this state. In this connection, hoNever,
your attention is directed to the Peat t&it the suspension
shoul@ have the effeot of a general lew; thnt is, thb aus-
pension sfiould apply to fruits and vegetables of a parish-
able ~nature wherever they mry be 3roduoad in the State of
Texas.
!ion. Rogers Kelley, February 9th, 1939, ?age 2.
‘!!ith reference to your socon inquiry, you are aavisea
tkzt this Department has heretofore, on January 24, 1939, by
In opinfon addressed to Hon. n, Lee O*Duniel, Covernor of
Texas, hzld that laws of the State of Terns can not be
suspended by resolution, but nust be suspended by bill.
Article 3, Section 30 or the Constitution prohibits the
passage of nny law excapt by bill. The Supre!a Court of
this stats In the case of City of San Antonio Pa. I.iiaklejohn,
09 Tex. 79, 33 S. 7:. 735, holds that a ‘law my not be re-
pealed by resolution, and states thet *the act dich des-
troys should be of equal dignity with that which establishes.”
The suspension of e law Is in effect a partial and linited
mpeal thereof, and we theral’ore aZvise tha% the suspension
of the lav: to which you refer must be acco=lplished by bill
rather than by resolution or any other method oi prOCedUra
resorted to in the Legislature.
Yours .very truly
ATTORK?‘!!GZ%%RALOF,T%AS