Untitled Texas Attorney General Opinion ( 1971 )

July 29, 1971
Hon. Wilson E; Speir
Director. Texas Deoartment
of Puilic Safetjr
Box 4087 n
Austin, Texas 78751 Opinion No. M-906
Re : The effective dates of
S.B; 316, S.B. 476, H.B.
Dear Colonel Speir: 542, and S.B. 194.
You have requested the opinion of this office as
to the effective dates of Senate Bill 316, Senate Bill 476,
House Bill 542, and Senate Bill 194 which are set out below
in chronological order:
1. Senate Bill 316 amending Article
6687b, Section 3, Vernon’s Civil
Statutes, by adding a new subset-
-tion 4b, wa,s passed by the Senate
on April 22, 1971, and the House
on -6, a record vote
sufficient to make the bill imme-
diately effective upon the approval
of the Governor. The Governor ap-
proved this bill on Mag 13, 19’71.
2. Senate Bill 476 amending Article
6687b, Section 3, Vernon’s Civil
Statutes; passed the Senate on
April 15 1971, ‘and the House on
pyi19, i971, by record vote suf*
ic ent to make the bill immediately
effective upon the approval of the
Governor. The Governor approved
this bill on May 26, 1971.
3. House Bill 542 amending Article
6687b, Section 4, Vernon’s Civil
Statutes; passed the House on s
11, 1971, and the Senate on !tay
13, ly’fr by a non-record voteand
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‘Honorable Wilson E. Speir,’ page 2.’ (M-906)
was approved by the Governor on
``0 :&b:i:e:o~2 go
Legislature adjourns.
4. Senate Bill 194 amending Article
,6687b, Sections 3 and 4, Vernon’s’
Civil Statutes, (and others not
involved herein), passed the Senate
on May 11, 1971, and the House,
with amendments, on May 30, 1971.
The Senate concurred on the House
amendments on Ma 31, 1971, by non-
record vote. d Governor approved
the bill on June 2, 1971, .t :o go into
effect 90 da- madjournment .
The controlling constitutional provision is Article
III, Section 39, Texas Constitution, which$reads as follows:
“No, law passed by the Legislature,
,except the general appropriation act,
shall take effect or go into force until
ninety days after the adjournment of the
session -at which it was enacted, unless
in case of an emergency, which emergency
must be expressed in a preamble or in
the body of the act, the Legislature shall,
by a vote of two-thirds of all the members
elected to each House, otherwise direct;
said vote to be taken by yeas $nd nays,
and entered upon the journals.
Senate Bill 316 which amended Article 6687b, Sec-
tion 3, Vernon’s Civil Statutes, by adding a. new subsection
4b became.effective immediately upon the Governor’s approval
on May 13, 1971. It remained in effect until May 26, 1971,
when it was superseded by Senate Bill 476.
On May 26, 1971, Senate Bill 476 was approved by
the Governor and became effective immediately. This Act
amended Article 6687b, Section 3. In amending Section 3,
this Act omitted subsection 4b. It is well settled that a
repeal or revision may be effected by amendment and substi-
tution. An amendatory act that recasts the language of an
existing statute or section operates to repeal or supersede
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l.lonorable Wilson E. Speir, page 3.’ (M-906)
any omitted provisions of the original. 53 Tex.Jur .2d,’
Statutes, Sec. 107. It is clear that Senate .Bill 476 is
intended to embrace all of the law as to “What persons
are exempt from license” as set out in Section 3, and it
is a well settled rule of statutory construction that
where ‘it is apparent that a statute is intended to embrace
all of the law upon the subject with which it deals, it
supersedes all former laws relating to the same subject.
53 Tex.Jur.2d, Statutes, Sec.~lOg; State v. Dancer, 391
S.W.2d 504 (Tex.Civ ,App. 1965, error ref. n.r.e. j. In
Gordon v. Lake, Secretary of State; 163 Tex. 392, 356
2preme
s. . Court said:
“A statute may be repealed expressly
or by implication. Where a later en-
actment is intended to embrace all the
law upon the subject with which~ it
deals, it repeals all former laws re-
lating to the same subject. ” [See Atty.
Gen.Op. O-1539, dated November 7, 1939).
It is our opinion that Senate Bill 476 in so far as it
amended Article 6687b, Section 3, became effective on May
26, 1971, upon approval by the Governor and superseded Sec-
tion 3 of Chapter 173, Acts of the 47th Legislature, Regular
Session, 1941, as well as subsection 4b of Section 3 as con-
tained in Senate Bill 316 which was previously discussed.
Subsection &b was omitted from Senate Bill 476 and is there-
fore to be considered impliedly as repealed by the latter act.
Since Senate Bill 476 clearly was intended to prescribe the
only rules that should govern the subject matter set out in
Article 6687b, Section 3, it sunersedes Section 3 both as
that Section existed immediately before and after the amend-
ment to that Section made by Senate Bill 316.
House Bill 542 was approved by the Governor on
May 19, 1971: This Act purports to amend Article 6687b,
Section 4, and”becomes effective ‘90 days after the adjourn-
ment of~the Legislature. For reasons~ discussed later in this
opinion, this bill wills never become effective and need not
be discussed.
Senate Bill 194 amending Article 6687b, Sections 3
and 4, (and other sections which need not be discussed), was
approved by the Governor on June 2, 1971 to become effective
go-days after adjournment of the Legislature to wit: August
30, 1971. Until that date, Section 3 as contained in Senate
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Honorable Wilson E; Speir, page 4. (M-906)
Bil,l 476 will be in effect. On August 30, 1971, Senate
Bill 194 which is intended to embrace all of the law on
Article 6687b, Sections 3 and 4,~bebomes effective. Since
Senate Sill 19 is the latest expression of the intention of
~the Legislature ‘and is~ clearly, intended to prescribe the
only rules that. should govern the subject matter in Article
6687b, Sections 3 and 4; it repeals the prior statutes.
Therefore, on August ,30, 1971, Senate Bill 476 and House
Bill 542 are superseded and annulled by the implied repeal
effected by Senate’ Bill 194.
Senate Biil 194 being the latest expression of
the Legislature will prevai.1 over Senate Bill 476 which was
passed rior to it, irrespective of the fact that Senate
Bill 47 % took effect prior to Senate Bill 194 taking effect.
See Attorney General Opinion No. V-990, dated January 26,
1950, and Ex Parte De La Jesus De La 0, 227 S.W.2d 212,
(TexiCrim. 1950).
SUMMARY
S.B. 316 became effective May 13,
1971, and remained in effect until May
26, ,1971, when it was superseded by
S.B. 476.
S.B. 476 which amend?, Art ., 66!17b,
Sec. 3, V.C.S., became effective May 26,
1971, and will remain in effect until
August 30, 1971 when it will be super-
seded by S.B. ~1% which amends Art. 6687b,
Sees. 3 and 4, V.C.S., (and others not
relevant).
S.B. 194 is clearly intended to
embrace all of the law on the subject
matter contained in Sees. 3 and 4 of
Art. 6687b, V.C.S., and .being the latest
expression of the will of the Legislature
repeals all former laws on the subject,
to wit: S.B. 476 and H.B; 542. H.B. $2
will be superseded by S.B. 194 on August
30, 1971, the date the latter becomes
effective.
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. .
Honorable Wilson E. Speir, page 5. (M-906)
Prepared by Charles Parrett
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Roland Daniel Green
Ray McGregor
James McCoy
Gorden Cass
MEADE F. GRIFFINS
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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