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0 EXAS April 27, 1959 Honorable R. H. Gory, Chairman State Affairs Committee House of Representatives Austin, Texas Qpinion NO. ``-605 Re: Applioability of sta- tutes of limitation to the causesof action involved in House Con- current Resolution 55 of the 56th Legislatures, Dear Mr. Gory: and related questions. In your recent letter you have asked with regard to House Concurrent Resolutron 55: II. . . whether or not, if this resolu- _ . ^ _. . . tlon was passed, tne statute or llmlta~tlons would have run againat the cause.of action contained therein, and whether orpnot the statement concerning no admission of liabfllty is sufficient In the form set.forth in the bill." The statutes of limitation do not begin to run in favor of the State until legislative permission to 8ue has been granted..'State v. Elliott, 212.S.Y. 695 (Civ.App. 1919, error ref.); Walker:v. State,
103 S.W.2d 404(Civ. App. 1937); National BiscuZt C v. State>
129 S.W.2d 494(Oiv.App..1937' reversed o~'other groUnd8, 134 Tax. 293,
135 S.W. 26687); BarRanIer v. 901 (Civ.Aue. 1952; reh.denJ; 28 Tex.Jur.* Guest,g,$6SfEW.2; , Accordingly; yoir,?ir8t question 18 answered in the nega- tive. The portion of the bill stating that "No admis- sion of liability of the State is made by the passage of this Resolutlonw~Is, when viewed by itself, sufficient to avoid any admission of li~abllity. It should be'noted, however, that the bfll contain8 a declaration in partial conflict with the aforesaid provlelon to the extent that Honorable R. H. Gory, Chairman, page 2 (WW-605) the declaration attempis to admit certain elements of liability by stating, . . . Dr. Spies was unwarrantedly relieved of his duties and dismissed by summary, peremptory and unilateral action of the Board of Regents . . .". But, a concurrent resolution of the Legislature attempting to create liability on the part of the State is void, as this can be accomplished only by a general act of the Legislature. State V. Isbell,
127 Tex. 399,
94 S.W. 2d423 (1936). The portion of House Concurrent Resolution 55 which either Intentionally or inadvertently attempts to admit certain elements.of liability would, therefore, be ineffectlve. Accordingly, your second question is answered in the affirmative. The cause of action referred to in House Concurrent Resolution 55 is not barred by the statutes of limitation because they do not begin running until legislative consent Is given, and the Resolution does not admit liability on the part of the State because a concurrent resolution cannot admit liability. Very truly yours, WILL WILSON Attorney General of Texas BY7 G4 enry G. Braswell Sk-+ @@+-Q-4 Assistant HGB:mg AP,PROVED: OPINION COMMITTEE Geo. P. Blackburn; Chairman C. Dean Davis Riley Eugene Fletcher Paul W. Floyd, Jr. REVIEWED FOR THE ATTORNEY GENERAL By: W. V. Geppert
Document Info
Docket Number: WW-605
Judges: Will Wilson
Filed Date: 7/2/1959
Precedential Status: Precedential
Modified Date: 2/18/2017