Untitled Texas Attorney General Opinion ( 1983 )

The Attorney General of Texas
October 12, 1983
JIM MATTOX
Attorney General
Supreme Court Building Honorable Henry Wade Opinion NO.JM-75
P. 0. Box 12546 Dallas County District Attorney
Austin, TX. 70711. 2540 Government Center Re: Effective date of article
5121475.2501
Dallas, Texas 75202 2372p-3, relating to regula-
Telex 9101674-1367
Telecopier 5121475.0266
tion of bail bondsmen
Dear Mr. Wade: I
714 Jackson. Suite 700
Dallas. TX. 75202.4506
The legislature enacted a statute to license and regulate bail
214/742-6944
bondsmen which became effective on August 27, 1973. See V.T.C.S. art.
2372p-3. Effective August 31, 1981, the legislature amended that
4624 Alberta Ave., Suite 160 statute with a complete m-enactment designed to more properly
El Paso, TX. 79905.2793 regulate the bail bond business. Prior to the 1981 amendment, section
9151533.3464 9(b)(3) of that statute provided that a bondsman's license may be
suspended or revoked by the county bail bond board for "conviction
- ,nOl Texas, Suite 700 under the laws of this or any other state or of the federal government
ousto”, TX. 77002-3111 of a misdemeanor involving moral turpitude or of a felony." The 1981
7131223-5666 amendment changed that section to provide for suspension or revocation
of a license for "final conviction under the laws of this or any other
state or of the United States of a misdemeanor involving moral
606 Sroadwav. Suite 312
Lubbock, TX: j9401-3479
turpitude or of a felony committed after the effective date of this
606/747-5236 Act" and changed section 3(c) to provide that persons who committed
such crimes after "the effective date of this Act" are not eligible
for a license. See Acts 1981, 67th Leg., ch. 312; Acts 1973, 63rd
4309 N. Tenth, Suite S
McAllen, TX. 76501-1665
Leg., ch. 550. -
5121662-4547
You have asked whether "the effective date of this Act" in
sections 3(c) and 9(b)(3) of article 2372~3-3is August 27, 1973, the
200 Main Plaza. Suite 400 date of the original act, or August 31, 1981, the date of the
San Antonio. TX. 76205.2797
amendatory act. We conclude that this phrase refers to August 27,
5121225-4191
1973, and that sections 3(c) and 9(b)(3) presently refer to offenses
committed after August 27, 1973.
An Equal Opportunity/
Affirmative Action Employer In re-enacting article 2372p-3, the legislature used the words
"this Act" at least 52 times in 10 different sections of that article.
For instance. the language in section 3(c) is:
(c) No person shall be eligible for a license
under this Act, who after the effective date of
this Act, commits an offense for which he is
finally convicted . . . (Emphasis added).
p. 319
Honorable Henry Wade - Page 2 (JM-75)
Section 9(b) states that:
(b) The board may, on its own motion, and
shall, on receipt of a sworn complaint providing
reasonable cause to believe that a violation of
this Act has occurred or on the request of a
court, investigate the actions and records
relating to such complaint against any bondsman it
has licensed. The board may, after notice and
hearing, suspend or revoke a license for:
. . . .
(3) final conviction under the laws of this or
any other state or of the United States of a
misdemeanor involving moral turpitude or of a
felony committed after the effective date of this
Act
- . . . (Emphasis added).
We conclude that the phrase "this Act" in an amended section of a
statute ordinarily refers to the original act as amended, and not
merely to the amending act. We believe that the legislature, in this
instance, intended the phrase "after the effective date of this Act"
to refer to the effective date of the original statute and not to the
effective date of the amending act. We believe that if the
legislature intended otherwise, it would have provided for offenses
committed "after the effective date of this amendment." This
conclusion is in accord with decisions reached in other jurisdictions.
See Henry v. McKay, 3 P.2d 145, 151 (Wash. 1931); State v. Anderson,
232 P. 238 (Kan. 1924); Sutherland, Statutory Construction, 4th ed.,
522.35.
SUMMARY
The provisions relating to offenses committed
"after the effective date of this Act" in article
2372p-3, sections 3(c) and 9(b)(3), V.T.C.S.,
refer to August 27, 1973, the date of the original
act, instead of August 31, 1981, the date of the
amendatory act.
dzjf.&
JIM MATTOX
Attorney General of Texas
p. 320
. .
Honorable Henry Wade - Page 3 (JM-75)
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
Bruce Youngblood
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p. 321