Untitled Texas Attorney General Opinion ( 1965 )

Honorable James E. Barlow Opinion No. C-445
Criminal District Attorney
Bexar County Re: Whether the failure of a
San Antonio, Texas candidate for office to
file the expense reports
required by the Election
Code constitutes a crimin-
Dear Mr. Barlow: al offense.
In your letter requesting an opinion of this office,
you ask the foilowing question:
~"Does the total failure of a candidate
to file ,theexpense reports required,by the
Election Code constitute a crplnal offense?"'
Article 14.08 of the Electio&‘&de, Vernon's Civil
Statutes, requires that candidates fiie'sworn~statements with
regard to their gifts, loans, expens~es,debts, etc.; and Sec-
tion (g) of that ,Art+le provides:
"(g) If any candidate fails to file
such sworn statement at the'tlme provided
herein or swears falsely therein, he shall
.be subject upon conviction to a fine not
less than One Hundred Dollars ($100) nor
more~than Five Thousand DolXa'rs($5,000),
'orbe Imprisoned in the penitentiary not
less than one (1) nor more than five (5)
years; or be both so fined and imprisoned."
The caption of the legislation enacting the Election
Code reads':,
"AN ACT to adopt and establish 'anelec-
tion code for the State of Texas, to revise
and recodify Title 50 of the Revised Civil
Statutes of 1925 of Texas, and all amendments
thereto, to repeal all Acts In conflict here-,
with, provided, however, that nothing in this
Act shall be construed as repealing or in apy
way affecting the legality of any penal pro-
vision of the existing law, and further pro-
vided that nothing in this Act shall in any
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. .
Honorable James E. Barlow, Page 2 (C-445) 2
.
wise alter. amend. or reoeal House Bill No.
43, Acts, Regular-Session,Fifty-secondLe-
gislature; providing a saving clause; pro-
viding an appropriation;providing the effec-
tive date; and declaring an emergency."
In Ex Parte Meyer, 357 S.W.2d 754 (Tkx.Crim.1962),
the above nenal arovislon of the Election Code was declared
invalid due to the fact that the caption gave no notice that
penal provisions were to be found in the tact. The'Court cites
Article 3, Section 35 of the Texas Constitutionwhich prohi-
bits the inclusion in a bill of any subject not expressed in
the title.
We are unable to find any other statutory authority
whereby the failure of a candidate to file expense reports
,would'constitutea criminal offense, as Articles 252 and 262-
269, Vernon's Penal Code were repealed by the Acts of 1959, 34,
Chapter.22, Section 1.
SUMMARY .>
The total failure of a candidate to
file the expense reports required by the
Election Code does not constitute'scrim-
final offense. Ex Parte.Meyer,357 S.W.2d
754 (Tex.Crim.1962).
Yours very truly,
WAGGONERCARR
,Attorney'General
of Texas
By: VL
BSC/lh
APPROVED:
OPINION COMMITTEE ,,
W. V. Geppert, Chairman
Mary K. Wall
Malcolm Quick
Paul Phy
George Gray
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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