Untitled Texas Attorney General Opinion ( 1947 )

T~EATTORNEY GENERAL
OF ?t-EXAS
PRICE DANIEL
ATTORNEYGENERAL
the caption. Montgomery C’ounty was named in the bedy or
,the law., but mas not aWed in the caption,. The Court .said:
-0 da find, however, that in the body or
the Bill there appears for the first time the
County or Montgomery as one entitled to rote up-
on such local issue. By reason. 0r the railure
to give notice in the caption that Montgomery
was to be added to such list of counties, we
think the inclusion of ,Montgomerg County there-
inwas wid and inerrmtire.``
The case of Ward Cattle and Pasture Company vs.
Qarpe&te&?, Ter. 103, 200 S.W. 521; oited in your letter,
109
is via ,acoord~ with the Winslow oase. In that case Matagorda
County .*&8 Ineluded in, ArQale 6964 but ‘was omittea from the
later Aot without mentionfng the omission in the caption&
The bomt held that the omfesion W that county f%m the cap-
tion, was ,deceptiye and did not Cake the achutf out of the
p~risloks ,or then lew.
All laws which arrested tba pertimqt atetus or
Qrshge County were superseded by the last ,amendment of Arti-
Olij'@9,64, which was passed 6s House Bill No. 150, Chaptdr
2&i, Acts;of the 4Sth Legisletura, p. 393, b&y “Am Act
amendgy AptidLe 6954 or the Perised E+itutes or Texas or
19.23``as the s6me has ;b,een heretofore aaeaded so 7s to per-
mit oertafn oountfes to hare a stork law electis&~ and de-
alsrimg; an emqrigenoj.n mat asptia* is strifioieat to ux-
prera the smbjeot or the b&11, (Is required by Seat ion 35
ai Artiole III of the State ~omstitu~ioa. Oreage County is
mot ramed ,Jn either the aaptisn sr b,od,y of that amendment
*hiah beaame effective May 7, 1943.
We are of the opinion that Orange County is not
authorlse& to hold an election to determine whether horses,
mules, ,jacks, jennets and aattle may run at large in the
oatuty or in amy sub-division of it, by reason of its ox-
olurioa .fyom the amendment or Article 6954, by the 4Bth
Legislature in lW3i Prior legiela~tlre history on the point
is immaterial ,. .
Orange County having been omitted ir.mm the
title mad alro iron the body of House bill MO. 150,
dote of the 48th Legislature, p. ‘393, amending Ar-
$i,ole 3854, v. a. s., whlah authorizes named ooun-
ties to hoLd eleotioar to determine if horses,
*
,
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Honorable Orahaii'BZuce - Page 3
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