Untitled Texas Attorney General Opinion ( 1963 )

Honorable ,J.M. Falkner. Opinion No. C- 95
Chairman, Finance Commission
DeDartment ofBankinR Re: Date additional deDosits
Austin 14, Texas required by Senate-Bill
121, Acts of the 58th,
Legislature,Regular Ses-
Dear Mr. Falkner: sion will be effective.
Your request for an opinion reads as follows:
"Senate Blll'l21, which has been
finally passed and sent to the Governor,
is an Actamending Article 912a-15, Ver-
non's Civil Statutes by increasingthe
amounts of deposits by perpetual'care
cemeteries In their perpetual care funds.
"Section 3 of the Act which amends
Article 912a;15,~V.C.S. provides in part
as follows:
"'Each perpetual care cemetery shall
deposit in Its perpetual care trust fund
an amount equivalent to such amount as may
have be~enstipulated In any contract under
which perpetual care property was sold prior
to March 1 , 1934, plus a minimum of twenty
cents (20#5 per ‘square foot of ground area
sold or disposed of as perpetual care prop-
erty after'March 15, 1934, until such fund
reaches a minimum of One Hundred Thousand
Dollars ($lOO,OOO.OO),after which each
such cemetery shall deposit an'amount equi-
valent to a minimum of ten cents (1Od) per
square foot of ground area sold or disposed
of as perpetual care property after March
15, 1934, until September 3, 1945. Each
such cemetery shall deposit In Its perpetual
care trust fund anamount e uivalent to a,
minimum of twenty cents (20j ) per square
foot of ground area.sold or disposed,ofas
perpetual care property after September 3;
1945, until July 1, 1963. A minimum of
Hon. J. M. Falkner, page 2 (C-95 )
Fifteen Dollars ($15.00)per each crypt
interment right for mausoleum Interment
sold or disposed of as perpetual care pro -
erty and a minimum of Five Dollars ($5.00P
per each niche Interment right for colum-
barium interment sold or disposed of as per-
petual care property between March 15, 1934,
and July 1, 1962 shall 1 be placed i
such perpetual c&e trust ff;nd. From ant
after July 1, 1962 each such cemetery shall
deDoslt In its DerAetual care trust fund an
amount equivalentto a ml&nun of fifty cents
(50#) per square foot of ground area sold or
disposed of as perpetual care property after',
said date. A minimum of Forty Dollars ($40.00)
per each crypt Interment right for mausoleum
Interment sold or disposed of as perpetual
care property, except that on crypts accessl-
ble only,throughanother crypt the minimum
requirement shall be Twenty Dollars ($20.00)
per each such crypt, and a minimum of Ten
Dollars'($lO.OO)per each niche Interment
right for columbarluminterment sold or
disposed of subsequent to July 1, 1963 shall
also be placed in such perpetual care kust
fund. Such minimum requirements shall apply
to all property in which the exclusive right
of sepulture has been sold and paid for, whether
used for interment purposes or not.
"'After July 1, 1963 each agreement for
the sale of burial space in a perpetual care
cemetery shall set out separately the part of
the aggregate amount agreed to be paid by the
purchaser which Is to be de o&ted in the per-
Emphasis supplied).
petual care trust fund --I '7
"From the above emphasizedphrases it
will be.noted that the amounts to be deposited
In the perpetual care funds have been Increased
beginning with July 1, 1963. However, since
the Act was passed by viva vote votes in both
Houses It does not become effective until August
23, 1963. Numerous Inquiries have been made to
this departmentas to whether the additional
deposits should be made beginning with July 1,
1963 as required by the Act or on August 23, 1963,
the date upon which the Act becomes effective.
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f
Hon. J, M. Falkner, page ,3: (C-95 ) I'" "
"I am Yequestlxig
.yo* opinion as to
whether such additional deposits and require-
ments will become effective on July 1, 1963
or on August 23, 1963."
Section 39 of Article ,111of the Constitutionof
Texas provides:
"No.:lawpassed by the'legislature,except
the general appropriatloiiact, shall take
,~effect oilgo Wto fW&e untU ninety days
after the adjournmentof.the session at which
it was enacted, unless in case of an emergency,
which emergency must be expressed In a pre-
amble or in the body of the act, the Legis-
lature shall,'by a vote of two-thirdsof all
the members elected to each House, otherwise
direct; said vote to be taken by yeas and
nays, and entered upon the journals."
Since Senate Bill 121, under the facts submitted,
was passed by a viva vote vote and not by "yeas" and
"nays" entered upon the journals as prescribed by Section
39 of Article III of the Constitutionof Texas, it',could
not become effective until ninety days after adjournment
of the Regular Session of the 58th Legislature.
v. Cole, 129 Tex. 370, 102 S.W.2d 173 (1937). He%%%ie
ersecClve date of Senate Bill 121 would be August 23: 1'96
A legislativeact is not operative until It be-
comes law. Moorman v. Terrell, 109 Tex. 173, 202 S.W.
Anderson v. Perrlx, 138 Tex. 596, 1.61~s.~.
Popham v. Patterson,,121 Tex. 615, 51 S.W.
In view of the foregolng, you are advised that the
additional deposits and requirementsprescribed by Senate
Bill 121 of the 58th Legislature,will not become payable
until August 23, 1963.
-472-
Hon. J. M. Falkner, page 4,)(C- 95 )
SUMMARY
The effective date of Senate Bill
121, Acts of the 58th Legislature,
Regular Sesslon, Is August 23, 1963,
said date being ninety days after the
adjournmentof the Regular Session
of the 58th Legislature. The addi-
tional deposits and requirementspre-
scribed by Senate Bill 121 will not
become payable until August 23, 1963.
Yours very truly,
WAGGONER CARR
Attorney General
John Reeves
JR:ms:st
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Linward Shivers
Jerry Brock
APPROVED FOR TRE ATTORNEY GENERAL
BY: Stanton Stone
_
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