Untitled Texas Attorney General Opinion ( 1949 )

Hon. Jep S, Puller Cpln%onNo. V-919.
Crlmlnal Dlstriot Attorney
Beaumont, Texas Be: Constructlon of Art.
974a, V.C.S., as
amended by H.B. 158,
D4ar sir: AatB 51st Legislature
Your request for en opinion relative to the
oon#tructUm ot &z#olei 97h aa amendsd by the gist I&g-
irldw4 baB h%@&W@%qUent~y liartt%d by you t0 the
i?llow~ que*bion:
“If the Cou@y Clerk has. preoented to
h5a ror rwordet2on a mbdlvlrrion plat, WiGh-
ila the rroope or Art. $##a, a& awxled, which
plat ha6 been sqqmbv4d by the #aper author-
Sttle!u but W&eh doee not looaf% such subdi-
viaion by a corner of the original survey,
would it be the duty of suoh clerk to re-
Celve and reoord such plat or to refuse to
do 805”
Sectton 1 or Article 974a, V.C.S., prior to
Ita ull#wLplent by the 51st Le&slature provided:
“That hereafter, every earner of any
tract or land a3tuated within the corpor-
ate llmlts OF wlthm five sUldrP,``oith& cor-
yate limits of any city . . . which aon-,
a&us twenty-five thousand inhabltant8 or
more, . . . who may hereartezy aW&vlde the
rra#Win two or more arts ror the purpose
or ittyag OUTutp .5d&.w~.~i0~ . ~haii
o&w-a plat to be made whleh oh&i ae-
ourately deecribe~ all of the subdivislim i
0r such tract or parcels. 0r land, giving
dimensions thereof, and the d+``%nslons of
all the streets, sll%ys, squar%s, parks,
or other psrtimw ot reuse Inten%%% to be
deWdate% to ,$ub$lc we, or ror the uee or
.~himm or amers or leta rrsntlng there-
on @r adjacent thbreto.”
Eon. Jep S. Puller, page 2 (v-919)
House Bill 158, Act6 of the 51st Legislature,
1949, prevldes as rollows:
“An Act to amend Section 1 of Chapter
231 or the Act8 or the Regular Session of
the Fortlet~.Legislature In 1927, mpear&g
a8 A&icle 974a of Vernon's Revised Civil
Statutes, relative to the approval of sub-
dlvlrion plats within the corporate limits
or rlthln rive (5) aZlee of the corporate
llm%lzs, 0r certain cities so as to provide
that the benefits and the terms thereof
shall extend to all cities; repealing Sec-
t;Pon 10 of Chapter al, Acts, Regular Ses-~
NoA, Fortieth Legl$l~ture; and declaring
an amargency.
“BE IT RNACTED BY TRE LEOISLATURB
OF
TRE STATR OF TEXAS:
, “Section 1. That Chapter 231 of the
Acts of the Regular Session of the Fortieth
Le islature In 1927, appearing as Article
&a of Vernon's Revteed Civil Statutes
(Section ?,.$hemeor honever, appearing as
Article 427b'-&r Vern6n8d Revised Penal &de),
be amended &x-the, following particulars, to
wit:
"(1) Section 1 or said Act, now appear-
ing 61) Section 1 or said Article 974a, is
hamby amended $o that itshall hereafter
read as follows, namely:
“‘Section 1. That hereafter every ow&
er of any tract of land,sltuated within the
corporate limits. or within five miles of
the-corporate lfrhfts of any city in the State
.+Z Texasp who may her-
Mto or more parts for the purpose of lag-
Ing out any subdivision D e D shall cause a
plat to be made thereof which shall accurate-
ly describe all of eafd eubdivfsion or add%-
tion by metes and bounds and locate the 8-e
with respect to an original corner of the
orleltnall survey of which ‘it is a, Dart, glvfng
Be dim&slons theFeof of said subdivision or
addition, and dlmenslons of all streets, al-
lws o squares, parks or other portions 6f
Hon. Jep S. FuPler, page 3 (V-919)
saae intended to be dedicated to pub-
lic use, or ror the use of purchasers or
oun%rs of lots frontfug thereon or adja-
cent thereto; provfded, however, that no
plat Cf any subdivision of a.ny tract or
land or any addition to any town or city
shall be recorded unless the mime shall
accurately d%rcPObe all of said subdlvi-
alon or addition by aetes and bounds and
locate the same nith respect to an or--
Sectiion 35 or Article III, Constitution or
Yeam pro7laer UI foluwe:
*Ho bfl1 o 0 e shall contain more
#ban on% Bob ect, uhf&h shall be expreus-
CQinltstlle. t Butiraap subsect shall
Be.embraced,Qn an sot, ihlch shall not be
bxpressed in:the tftle, such act shall be
pbfd only as to so much thereof. as shal1
pot be so expressed." (Baphasis added).
In construing the above quoted provklnn It
hae been held that the objtct of this pmvfeion of’ the
-CoMtlf%tion is to compel the caption to contafn the
subjects embraced wlth5.n the bill. This prevents the
caption from concealing the purpose of the bill snd
avoids deception 5.n its adoption. It is by means of
the title that the 1egislatoP may reaeonabfy be appris-
ed of the scope of the bill so that surprise may be
prevented. ThetltlethatstatestBe purpose tomake a
certain change in the prior law limits the amendatory
act to the maicIng of the change designated and precludes
any addlttonal contrary or different aprendment. ffulf Xn-
ce Co, v. James, 143 Tex. 424, 185 S*W.2d 96-g
attle and PastuPe Co. v. Carpenter, 109 Tex. 103,
w 52 (1918) Loufsfana Power Co, v. City of
Bar&~$11`` 67 s.R.z& (Tex.Comm,Appz 1933); 39 Tex.
ur. .
We quote from the Gulf Iwsumnce case the'fol-
lOWIn&
"It fs sf@ii"fcant in this cogunectfom
that the bill as orLglnally 3.Ektroduced con-
tafned only the matter set out In S&ion 1
,Eon. Jep 9. pullet, page 4 (v-919)
of the Act, Vernonls Ann.Civ.St.art.668~,
B 15, relating to the transfer of the oper-
ator’s and chauffeur’s license fund. The
caption to the Act was entirely appropriate
to cover that subject, but was not approprl-
ate to cover a transfer of any other mnda.
Thereafter, some time on the last day of
that seecrlon of the Legislature, the bill
wa4 amended by a free conference committee
to include the seventeen addltional funds,
88 provided ior in Section 2 of the Act,
Vernon's Ann.Civ.St.art.4385ai But no mater-
ial change was made In the title to the bill
when this amendment was added. This created
an ideal aituatlcm whereby the members of the
ge. ,‘ltur6 might be misled by the title to
3.
“The tStle to the Aot cont8%m nothing
to Indicate that the body OS the Act purport-
ed to tr&n#fer.the seventetn special funda
Pe$erred to.,in Section2cfthe Act, Vernon’@
I\nn.Clv.St.art.4385a. Section 2 of the Act
ti therecore unconstitutional.
“We by nq amas llntend to insiauate
thst the fi$%le to @he Acf was 80 drawn ror
the purpo+$ of ~tleaelving 8ny one. There la
Article g74a prior to its amendment by the
5lst Legislature contained no provialon requiring the
aubd@rlsion or adQlt$m to~be located with respect to an
of which it la a
body of House
..We note, however,
any reference to such
adb&tlona>~Fequiremeaft: nm do we find any provision in
t@e e8ptiOn wlkich showB,that this additional Change was
to bi? m#de $4 i&tScLe $‘#al As stated in the Gulf In-
sur@ioe c(aae, #ppr@, we do not intend to Insinuate that
‘the t$tle on $&a bJ,,JJ W&Bdrawn far the purpose of da-
celwlng anyone. ft m$q have been a complete oversight
or emor. we nap&@ he14 that the caption was not suf-
Hah. Jep 8. loller, page 5 (V-919)
In view of the above quoted conatltutional
prwlsion and the above holding by the Texas Supreme
Court, It Is our opinion that that portion of House
Bill 138 requiring eub~dlvisfans or addlticns to be Po-
cated with respect to an orfgfnal corner of the orfgln-
al. survey of which it fe a part, is ln vfo9ation of
Section 35 of Article III of the Constitutfon of Texas.
You are therefore advised that If the County
Clerk has presented.to him for recordation the subdfvi-
elan plat within themscope of Article 97'ra, BB amended
by.Bouee Bill 158, which plait haa been approved b,y the
proper authorities, but which does not locate such sub-
~divlalon with respect to an orlglnal corner, of the ori-
@ml survey, he should not refuse to receive and file
.atioh pl& because of Its failure to have a 1ocatSon
with reference to an original corner.
.That portion of Xoude Bill 158, Acts of
the.$lst fR&lslatWe, placing an additional
FeqrtsMpent that'plats of subdlvialons or ad-
dltlona shall locate such subdlvlslona with
respect ~to an original corner of the or&pnal
survey is in violation of Article III, Section
35 of the Constltutlon of Texas, alnce that
Dart of the amendment was not Drovlded fbr in
caption of E&e Bill 158~-Gulf0~ummce
s J~LUPW, 143 TAX. 424, 185 s w d !a6
; m Cattle and Pasture Cc, v. Carven-
109 Tex. 103 200 S W 521 I 1918) T
lana.Power CA. v. Cit; of Farmer&*
W;2d 235 (Tex.Comm.App.1933); 39 Tex.Jur,
Yours very truly,
John Reeves
Aasintant