Untitled Texas Attorney General Opinion ( 1957 )

July 23, 1957 Honorable D. C. Qreer Opinion ho. WW-200 Texas Highway Engineer Texas Highway Department HB: Date on which the Austin, Texas provisions of Senate ~111 268, 55th leg- lslature, became or will become Dear Mr. Oreer: effective. In your letter of June 21, 1957, you requested the opinion of this office on the following question: On what date did the provisions of Senate Bill 268 of the 55th Legislature become effectavo, or upon what date Will such bill beoome effective? As stated In your letter, Senate Bill 268, as pahsed by the 55th Legislature,authorizes the operation of certain vehicle8 on the highways and roads of this State "whose total gross weight shall not exceed flfty- eight thousand (58,000) pounds, . . ." Section 3 of Senate Bill No. 268 contained the usual emergency clause, and we are advised that it received sufficient votes In both the House and the Senate to make It effective immediatelyupon signing by ';heGovernor. The Bill was In fact signed by the Go~vernoron May 7, 1957. Within the body of the Act, as a part of the repealer clause, the following language Is found In Section 2: It this Act shall not be effec- tive ai ion, as it prevents the receipt of Federal Aid Funds provided for in the Federal M.d Highway Act of 1956,.Title I of Act, June 29, 1956." Subsection (J), Section 108, of the Federal Aid Highway Act of 1956, provides: "No funds authorized to be appropriated Hon. D. C. Greer, page 2, (W-200) for any fiscal year by this Section shall be apportionedto any State within the boundaries of which the interstateSystem may lawfully be used by vehicles with weight In excess of eighteen thousand pounds carried on any one axle . . . ” The question to be decided, then, 1s whether, under this Act, VehicleBwith weight in exce8s of ;i,;zWrunds carried on any one axle will be permitted Under Article 82i’a Section 5 subsection (c) has rovided that no axle shall carry a load in excess of 11 ,000 on low preerure tirea. Under the provisions of the new Section 5a aa set out in Section 1 of Senate Bill 268, It Is provided that It shall be lawful to operate motor vehicles whose total gross weight shall not exceed 58,000 pounds "where such vehicles comply with all other provisions of law excoptlng only as to their total gross weight and the llmlta- tlons of weight on axle or groups of axles." The effect of the above quoted portion of new Section 5a 1s to repeal the above mentioned p,rovlsions which under thenpresent law limits the axle load to 18,000 pounds, and will permit a load in excess of that weight. Under the provisions of Section 2 of said SenriteBill 268, It is provided said Act "shall not be effective as long aa It prevents the receipt of Federal Aid Funds provided for In the Federal Aid Highway Act of 1956, Title I of Act, June 29, 1956." In view of the fact that new Section 5a of Senate Bill 268 authorizes an axle load limit in excess of 18,000 pounds, it would prevent the receipt of Federal Funds as above provided, and said Act has, therefore.never become effective. Since under the terms of the Act, Itself, It has never become effective, It Is not necessary for us to pass on the constitutionalityof the Act which raises the question as to whether there ia a delegation of authority to Congress by the Texas Legislature to i mi--..-,, .* Hon. D. C. &eCr, page 3, (WW-200) enact or suspend a law. The provisions of Senate Bill 268, 55th Legislature,have never become effective. Said Act, therefore,does not have the effect of changing the laws of Texas with reference to the weight allowed vehicles on public highwiiys. Very truly yours, , WILL WILSON Attorney General of Texas By z H&-k-+-jjk B. H. T-ins, Jr. BHT:pf Assistant APPROVED: O-'INXONCOMNITTEE H. Qrady Chandler, Chairman W. a. Hemphill Wayiand C. Rlvers, Jr. REVIEWED FOR THE ATTORNEY GENERAL BY: Ceo. P. Blackburn