Untitled Texas Attorney General Opinion

.OFFICE OF THE AHORNEY GENERAL 0~ TEXAS
AUSTIN
-oNAm
--
Eonortable Y. 0. flaerm
secrctar~ of mato
Aumtin, Texam
Dear Mr. rlaerm 8 opiLpiop No. 04841
Me: gifeotlte dqte of oonmtitu-
I' ,tiotaalamendment, Artlole
q, ssotion 28, If maoh
.~,
mmp&ant mhotild be adopted.
I'
We aoknal- r&eipt of your letter of date
October 22, 1940, reque&lngL-legal opinion, as follarcr
to the Colmtltution of
\., jALge& lsany appliCStiOIR3 SrO llOI bObBg
&e'Por appointments issusdiately after the
November Bleotion in the event the Wnt
reoeires a mrr)ority rote.
*when will the Searstory of atats be
authorized to lrPke appointments of Notariem
in the event that aolendPent aarri0mt'
Hon. IA. 0. Florors - page 2
Uticls XVIl, Section 1, of' tho Constitution,
with rospeot to the mode of amending the Conetltutlon,
pm~IUes that:
. l * a It shall be the duty of the
several returning offloers of said elec-
tion, to open a poll for, and make co-
turus to the Seoretary of State, of the
number of legal votes oaet at said eleo-
fion for andagainet saIdamendment and
ii more than ow)be propoeed, then the
nunher of votes orret for and against
each of theu~; ond if it shall appear from
erid return, that a majority of the votes
east hare been oast in favor of any ameud-
mend, the said amendment so reoeiring a
majority oft the votes oaet shall beoom a
part of this CoMtitution, am proolamx-
tlon shall be made by the Gwernor thereof.’
Article 2024 of the lIevised Civil Statutes pro-
tidesr
*On the fifteenth day after the elec-
tion, the day of election excluded, and
not b&ore, the Seoretary of Btate in the
preeence of the Governor am% Attoruey Gen-
eral, or in case of vacancy in either of
said offices, or Inability or failure of
either o? said offioers to a&, then In
the presence of either one of them, shall
open and count the returns of the election.*
This Artlole, as a sequence of Article 3033,
controls the ansT?r to your inquiry.
You arc therefore respectfully advised that
upon the Seoretary of State's counting the returns of
the election In the presence of the other State offi-
cers named, Fi It shall appear from said returns that
a majority of the rotea oast have been oaet in favor
of the amemdzmnt, the amendment thereupon becomes a
part of the Constitution. See Texas Water 4~ Gas Co.
vs. City of Cleburnc, 21 S.W. 383.
.
Hon. li. 0. Flowers - page 3
The effeotlvo date of the amendment If car-
ried doos not depend upon the Governores proclanntion.
This was determined in an early case by Judge W~llson
of the Court of Crlndnal Appeals, wherein he said:
*Our construction of this provisIon
is that It la the asoertolned mnjority of
the rote of the people, and not the pro+
lamatioa of the Governor, wb%ch gives force
and effeat to the amsndment. l l * We are
of the opinion, therefore,~that am coon
as the election returns were bMaesed, and
it r a slocertahed that a majority of the
totea east were iu faroF of t&e ameudmsnt,
It become a part of the Constitution, and
was In full force and effeot from that
date." -- Wilson ~0. The State, 1LI %3x.
Ct. Apps. Rep. 150.
-e .
Very truly youra
i.TTORNEX GBRERAL @ Tl3X@
46
0cl.e Speer
As&lstant
08-m