Untitled Texas Attorney General Opinion ( 1950 )

FebPUaFy 3, 15550 Eon. James A. Gee, President East Texas State Teaohers College Comeroe, Texas Opinion No. V-996 Re: Applicability of H.B. 6, Aots 51st Leg., B.S. 1949, to East Texas State Teaohers Dear Sir: College. Your request for an opinion reads in part as follows: "The Mayor of the City of Commeroe, Texas, has stated, la effect, that under the p~ovlalons pi House Bill 6, Acts 51at Legislature, 1949, the oontraot entered Ln- to betveen the State Normal Board of Regents and the City of Commerce on 27 August 1917 Ag!ya;i ;;;;h Is enclosed herewith) is now . The positlou of the Mayor Is further believed to be that the East Texas State TeacheFs College is now obligated and required to pay the City of Commerce for water." Your request presents the following questions: 1. Is House Bill 6 of the 51st Legislature unoonstl- tutlonal insofar as It mlates to the oontraot between East Texas State Teaohers College and the City of Com- merce with respect to supplying water to the College? 2. Does House Bill 6 ennui the provisions of the oontraot heretofore entered Into between Beet Texas State ;;;;?~a College and the City of Commerce on August 27, Howe Bill IVo. 6, Acts 51at Leg., B.S. 1949, ch.256, p.473, reads In part as follows: ‘AH ACT authoplzing aud empowering the Board of Regents of the Texas State Teacheps 540 Hon. James A. Gee, President, page 2 (V-996) Colleges to oontraot with certain municlpal- itles fop water and other utility services at Boptb Texas State Teachers College; re- pealing all lava, oontraota and agreements In oonfliat herewith; and deolariug an emep- gent y . "BE ITBIiACTEDBYTRELB(PISLATUREOFTRE STATE OF TEXAS: "Seotlon 1. The Board of Regents of the Texas State Teaohepa Colleges is hereby auth- orized and empowered to contract with the City of Denton, Texas fop the furulahing of water and other utility aervlces to the Rorth Texas State Teachers College. The said BoaM of Regents shall l.lkevlae be authorized and empowered to'ooutract with any other city OP muulolpelity In which there 1s loaated any of the other state teaohers colleges for the furulahlng of,vater, lights, sewerage OP other Utility services mqulred by said ln- stltutlona. "Sec. 2. The rates to be oharged the North Texas State Teaohem College at Denton, Texas, and any other college uudep this Act, shall not exceed those regularly established, published and declared pates for almllar cus- tomers, OP if there be no similar oustomeps, the pates to be charged shall be those eatab- llahed by the said city of Denton OP other city oonoerned reapeotively, fop CoUtmePOial users; provided the city of Denton, OF other olty Concerned, may make such adjustments, discounts, and apeolal rates as the govern- ing authoplties of said oity of Denton, OF other city conowned, may see fit to ppovlde for said North Texas State Teachers College, OP any other college under this Act. "Sec. 3. The provlslona of any former Act of the Legislature, Special OF GenePal Law, contract OP agreement relating to the furnishing of water at the Blorth Texas State Teachers College, OF at any other State Teachers College, are &aoh and severally repealed by the passage of this Aot to the Eon. James A. Gee, President, page 3 (V-g%) extent of any conflict between said laws, 0 ontpac ta and agreements and the provisions of this Act, and it la apeci.floally declap- ed to be the Intention of the Legislature, by the passage of this Act, to authorize and empower the said Colleges to oontraot and pay fop water and other utility services used by them, notwithstanding any prior act of agreement by vhloh water was to be fur- nished said lnstltutlona free of charge by the munloipal authority wherein said college is located. “Sec. 4. The fact that the demands for water at the North Texas State Teachers Col- lege and any other college under this Act h&we rapidly lnoreaaed and have placed an un- due burden on the oltiea to such an extent that said cities cannot continue to furnish water without charging said colleges for same; the fact that the original agreements for the furnishing of water to said colleges by the cities concerned did not contemplate the furnishing of free water for dormitories, athletic and reoreatlonel g~ouncls and areas used oommerclally by said oolleges; the neo- esalty for pepml.ssivelegislation to allow payment before the advent of summer and an- other serious water crisis at the said col- lege create an emergency . . .n Section 35 of Artlole III of the Constitution of Texas provides: “No bill . . . shall contain more than one subject, which shall be expressed In its title. But If any subject shall be embrao- ed In an act, vhloh shall not be expressed In the title, such act shall be void only as to so much thereof, as shall not be so ex- pressed." The caption of House Bill 6 only authorizes the Board of Regents OS the Texas State Teaohers Col- leges to contract with eertaln munloipalitiea for water and other ut!$tg services "at North Texas State Teaoh- On the other hand the body of tne AOI; -con a ns certain provisions vhi& purport to authorize the Board to contract with other municipalities on 542 Hon. James A. Gee, President, page 4 (V-996) behalf of any of the other state teachers colleges with referenoe to the furuishlug of like services, and to re- peal existing contracts between cities and such other State Teaohera Colleges. The subjeot of these partlcu- lar provisions Is not expressed In the title. As a geneP81 rule, a title should be neither In view of the fact that the title of House Bill 6 Is restploted to the subject of contracting SOP water and other utlllt servlcea “at Bopth Texas State Teachers College” and Krepealing of all lava, contreats and agreements in conflict thepevlth,” it IS OUF opin- ion that those provisions in the body of the Bill ~vhloh purport to authorize the Board of Regents of Texas State Teachers Collenea to contrect in like maD,ect for anv of the other state teaohkra colleges and to &peal all ?o& mer laws, oontpaots OP agreements in oonfllct therewith are unoonstltutlonal. Tex. Conat. Art. III, Seo.35. From the above It follows, and you are so edvis- ed, that House Bill 6 has no applioatlon to East Texas State Teachers College, nor la it to be oonstrued as re- pealing OP ebrogatlng any existing laws, contreats or agreements relating to the furnishing of water to such c allege . SUMMARY maofar as Howe Bill 6, Aots 51st Leg., R.S. 1949, oh.; 256, p. 473, pworta to can- cel en exia@ng oontraot between East Texas Stat8 Teaohers College and the City of Com- merae with reference to the furnishing of Hon. James A. Gee, President, Page 5 (V-996) free water to the oollege, it is unconstltu- tlonal inasmuch 88 auoh portions of the Aot are not embreoed within the Title. Tex. Coust. Art. III, Seo.35. Yours very truly, PRICE DANIEL APPROVED: Attorney General J. C. Davis, Jr. County Affairs Division Charles D. Mathews Cheater E. Olliaon Executive Assistant Assistant CEO:bh:mv