Untitled Texas Attorney General Opinion ( 1941 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable L. 2. Heron
county Attorney
Llmeetone county
Groesbeok, Texas
Dear Sir:
opinion request of
recent date and as follows:
0. R. No, 231,
onera court of
and election.
rise me your opinion a8
. 0. R. 231 in'effootuating
purpose of plaoing into lmle-
ts Bill MO. 2217"
bilL does not beoome effsotite nntll ninety daga after the
adjournment of the Legislature, even though it contains en
emerganog clause, betxiuae the House falled to pass said bill
* .
r’-. 42i
Honorable L. L. Oeren, page #a
by a reoorded vote. Article 3, Seotlon 39, Constitution of
Texas; Popham Y. Patterson, 51 S. W. (2d) 080.
H. Cr R. No. 231, which proposes to put into imme-
diate etieot 9. 8. 221, was paaaed by the Senate on June 12,
1941, by the following vote? Yeas 123, Naya 0. This reso-
lution waa paosed by the Senate on June 20, 1941, by the
following voter Yeas 28, Naps 0, and approved by the Cover-
nor of Texas July 23, 1941.
&ticLe 3, Seotion 30 of ths Conetitution of Texas,
provides that *No law shall be passed exoept by bill.”
Article 3, Seotlon 39 of the Constitution of Texas,
reads as follows;
*No law paaeed by the S@.slature, eroept the
2 general appropriation aot, shall ta’ks erfeat or
’ go into foroe until ninety days after the adjourn-
ment of the session at whioh it ma enaoteb, un-
In 25 Rawle C. L. ‘781, NO find the following language:
“The general rule ia that a joint or conourrent
resolution, adopted by the legislature, will not
have the force or &feet of a law where the con-
stitution, under whloh the legislative body oper-
ates, requires the enaotment of all lawa to be fn
some prescribed form other than by resok&.ion. Under
a constitutional provision that no law shall be paaa-
ed exoept by bill, a mere resolution is not a oom-
petent method of expreeoing the legislative will, if
that expression Is intended to have the force of law
and bind others than the members of the Rouse or
Houses adopting it. The requlraments or the Con-
stitution are not met by that method of legislation.
.-.
422
Honorable 2. L. Geren, page #3
Nothlog beoomss law simply and solely beoauae men
who possess the legislative power will that it shall
be, unleao they expr8sa their determination to that
effeot in the mode appointed by the instruxmnt whloh
lnvesta them with power, and under all the forms
which t&t instrument has rendered essential.”
Also Bee Southern Pao. Go. V. W. T. Yeadows & Uo., 129 S.W.
170, holding that thr effective date of an Aot whioh has been
approved by the exeautlve and hao already tslsen effeat oannot
be postponed by a joint resolution. Reversed on other points,
140 S.W. 227, and Conley Y. United Daughters of Confederacy,
164 S.W. 24, distlngulshing a resolution from a law.
Baaed on the foregoing, it is the opinion of this
department that H. 0. W. 231 do88 not p&a08 Into Immediate
effect S. B. 221. The rquirements of the Constitution are
not met by this nu,th$ of legislation. The Aot itself must
be passed in the form which the Constitution has rendered
essential - that is, by a two-thirds vote of all the members
elected to each Eouee, and said vote to be tak8n by yeas and
nays.
Therefore, S. B. 22% does not beoome effeotivs until
ninety days after the adjourmant of the Legislature.
Very truly yours
ATTORKBY GEITEIUL OF T-
CCB-8