Untitled Texas Attorney General Opinion ( 1939 )

January24, 1939
Hon. W. Lee O'Daniel
Governorof Ttxss
Austin,Texas
Dear Governor:
OpinionNo. O-193
Re: Legalityof suspensionof
statutesby resolution
This Departmentis in receiptof your letterof the 23rd instant,re-
questingan opinion as to the legalityof (Iproposedresolutionsuspending
the operationof certainstatutes.
The statutesreferredto were passedby bills in compliancewith Section
30 of Article 3 of the State Constitution,
which prohibitsthe passageof
any law exceptby bill.
The SupremeCourt of this State, in the case of City of San Antoniovs.
Micklejohn,33 S. W. 735, 89 Tex. 79, states that .slsw msy not be repesled
by a resolution,and that "the act which destroysshouldbe of equal dignity
with that which establishes."
We, therefore,advisethat the resolution,if passed,would not have the
legal effectof suspendingthe statutesreferredto, but that the repealor
suspensionof these statutesmust be by bill,
Yours respectfully,
ATTC@BX GEIIERAL
OF TEXAS
s/A. S. Rollins
BY
A. S. Rollins
Assistant
AsR:PBP
Approved
s/ GFxwD c. MANN
ATTORNEI!
GENERALOF !CEXAS