Untitled Texas Attorney General Opinion ( 1945 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN 11
porrblo John II.amOk
ewl.Dal Mstrlct Attorney
,rar county
m Antonio, Tax88
AW?. Nr. L. J. Olttlager
mr 8lr: opinion lo. o-6728
Both of tbeao bllle
Constitution provides:
body of $he~‘act,, the Legislature shall, by a vote of-tvo-
thirds of all the members elected to each House, othervlse
direct; sah vote to be taken by year and naps, and entered
upon the journals. ’
By reason of this provision, B. B. 849, which vas enacted
i.a Map, 1945, vi11 not become effective until ninety days after ad-
jOurnment of the 49th Legislature, vhich is September 4, 1945, be-
muse there vas no record vote on final passage of the bill ln
the Senate. On the other hand, S. B. 246 became effective on
June 2, 1945, vhen it vas flled with the Secretary of State, because
it contained an emergency clause, and it vas passed by a record vote
gonoreble John R. Shook, page 2
lf tvo-thirds of the members of each House. The question, then, 1s
vhether the latest expresrlon of the Legislature repeals a former
uv Insofar as the tvo are In conflict, even though the former
uv has not yet become effective as a lav. It is stated In Texas
furlsprudence that “vhere tvo acts passed at the same session cannot
be reconcllod by any knovn rule of construotlon, the first in time
er position must give vay to the loft, vhlah will stand as the final
expression of the legl8latlve ~111. (39 Tex68 Jurisprudence, 147)
In our oplnlon lo. O-5891, Issued Hay 30, 1944, ve said:
lA8 the latest expression of the L8gl8latlve vi11
prevails, the ltatute last passed vi11 prevail over a
statute passed prior to It, irrespective of whether the
prior statute takes effect before or efter the later
statute. People TS. Darner, 328 Ill. 512, 160 1. 0.
Hevbauer vsr 8kte, 200 bd. 118, 161 1. B.
J State vs. 8ohumburg, 149 Ia. 470, 89 SO.
J 8kti Y. lhraus, 34 f. 1. 378, 281 Pro.
f W.nslov 112 Ore. 23, 228
PM. 101, 34 A. L, B. ‘IS. York,
268 PO. 143, 110 Atl.
You are, therefore, advised that in our opinion 3. B. 246
repeals H. B. 849 insorar as the tvo act8 are In irreconcilable oon-
illct.
?D/JCP