Hon. Jep S, Puller 

Crlmlnal Dlstriot Attorney 

Cpln%on No. V-919. 

Beaumont, Texas Be: Constructlon of Art. 

974a, V.C.S., as 

D4ar sir: 

amended by H.B. 158, 

AatB 51st Legislature 

Your request for en opinion relative to the 

oon#tructUm ot &z#olei 97h aa amendsd by the gist I&girldw4 baB h%@& W@%qUent~y liartt%d by you t0 the 

i?llow~ que*bion: 

“If the Cou@y Clerk has. preoented to 

h5a ror rwordet2on a mbdlvlrrion plat, WiGhila the rroope or Art. $##a, a& awxled, which 

plat ha6 been sqqmbv4d by the #aper authorSttle!u but W&eh doee not looaf% such subdiviaion by a corner of the original survey, 

would it be the duty of suoh clerk to reCelve and reoord such plat or to refuse to 

do 805” 

Sectton 1 or Article 974a, V.C.S., prior to 

Ita ull#wLplent by the 51st Le&slature provided: 

“That hereafter, every earner of any 

tract or land a3tuated within the corporate llmlts OF wlthm five sUldrP,~~oi th& coryate limits of any city . . . which aon-, 

a&us twenty-five thousand inhabltant8 or 

more, . . . who may hereartezy aW&vlde the 

rra#Win two or more arts ror the purpose 

or ittyag OUT utp .5d&.w~.~i0~ . ~haii 

o&w-a plat to be made whleh oh&i aeourately deecribe~ all of the subdivislim i 

0r such tract or parcels. 0r land, giving 

dimensions thereof, and the d+~~%nslons of 

all the streets, sll%ys, squar%s, parks, 

or other psrtimw ot reuse Inten%%% to be 

deWdate% to ,$ub$lc we, or ror the uee or 

.~himm or amers or leta rrsntlng thereon @r adjacent thbreto.” 
Eon. Jep S. Puller, page 2 (v-919) 

House Bill 158, Act6 of the 51st Legislature, 

1949, prevldes as rollows: 

“An Act to amend Section 1 of Chapter 

231 or the Act8 or the Regular Session of 

the Fortlet~.Legislature In 1927, mpear&g 

a8 A&icle 974a of Vernon's Revised Civil 

Statutes, relative to the approval of subdlvlrion plats within the corporate limits 

or rlthln rive (5) aZlee of the corporate 

llm%lzs, 0r certain cities so as to provide 

that the benefits and the terms thereof 

shall extend to all cities; repealing Sect;Pon 10 of Chapter al, Acts, Regular Ses-~ 

NoA, Fortieth Legl$l~ture; and declaring 

an amargency. 

“BE IT RNACTED BY TRE LEOISLATURB OF 

TRE STATR OF TEXAS: 

, “Section 1. That Chapter 231 of the 

Acts of the Regular Session of the Fortieth 

Le islature In 1927, appearing as Article 

&a of Vernon's Revteed Civil Statutes 

(Section ?,.$hemeor honever, appearing as 

Article 427b'-&r Vern6n8d Revised Penal &de), 

be amended &x-the, following particulars, to 

wit: 

"(1) Section 1 or said Act, now appearing 61) Section 1 or said Article 974a, is 

hamby amended $o that itshall hereafter 

read as follows, namely: 

“‘Section 1. That hereafter every ow& 

er of any tract of land,sltuated within the 

corporate limits. or within five miles of 

the-corporate lfrhfts of any city in the State 

Z Texasp who may her- .+ Mto or more parts for the purpose of lagIng out any subdivision D e D shall cause a 

plat to be made thereof which shall accurately describe all of eafd eubdivfsion or add%- 

tion by metes and bounds and locate the 8-e 

with respect to an original corner of the 

orleltnall survey of which ‘it is a, Dart, glvfng 

Be dim&slons theFeof of said subdivision or 

addition, and dlmenslons of all streets, allws o squares, parks or other portions 6f 
Hon. Jep S. FuPler, page 3 (V-919) 

saae intended to be dedicated to public use, or ror the use of purchasers or 

oun%rs of lots frontfug thereon or adjacent thereto; provfded, however, that no 

plat Cf any subdivision of a.ny tract or 

land or any addition to any town or city 

shall be recorded unless the mime shall 

accurately d%rcPObe all of said subdlvialon or addition by aetes and bounds and 

locate the same nith respect to an or-- 

Sectiion 35 or Article III, Constitution or 

Yeam pro7laer UI foluwe: 

*Ho bfl1 o 0 e shall contain more 

#ban on% Bob ect, 

t 

uhf&h shall be expreusCQinltstlle. Butiraap subsect shall 

Be.embraced,Qn an sot, ihlch shall not be 

bxpressed in:the tftle, such act shall be 

pbfd only as to so much thereof. as shal1 

pot be so expressed." (Baphasis added). 

In construing the above quoted provklnn It 

hae been held that the objtct of this pmvfeion of’ the 

-CoMtlf%tion is to compel the caption to contafn the 

subjects embraced wlth5.n the bill. This prevents the 

caption from concealing the purpose of the bill snd 

avoids deception 5.n its adoption. It is by means of 

the title that the 1egislatoP may reaeonabfy be apprised of the scope of the bill so that surprise may be 

prevented. ThetltlethatstatestBe purpose tomake a 

certain change in the prior law limits the amendatory 

act to the maicIng of the change designated and precludes 

any addlttonal contrary or different aprendment. ffulf Xnce Co, v. James, 143 Tex. 424, 185 S*W.2d 96-g 

attle and PastuPe Co. v. Carpenter, 109 Tex. 103, 

w 52 (1918) 

Bar&~$11~~ 67 s.R.z& 

Loufsfana Power Co, v. City of 

(Tex.Comm,Appz 1933); 39 Tex. 

ur. . 

We quote from the Gulf Iwsumnce case the'follOWIn& 

"It fs sf@ii"fcant in this cogunectfom 

that the bill as orLglnally 3.Ektroduced contafned only the matter set out In S&ion 1 
,Eon. Jep 9. pullet, page 4 (v-919) 

of the Act, Vernonls Ann.Civ.St.art.668~, 

B 15, relating to the transfer of the operator’s and chauffeur’s license fund. The 

caption to the Act was entirely appropriate 

to cover that subject, but was not approprlate to cover a transfer of any other mnda. 

Thereafter, some time on the last day of 

that seecrlon of the Legislature, the bill 

wa4 amended by a free conference committee 

to include the seventeen addltional funds, 

88 provided ior in Section 2 of the Act, 

Vernon's Ann.Civ.St.art.4385ai But no material change was made In the title to the bill 

when this amendment was added. This created 

an ideal aituatlcm whereby the members of the 

ge. ,‘ltur6 might be misled by the title to 

3. 

“The tStle to the Aot cont8%m nothing 

to Indicate that the body OS the Act purported to tr&n#fer.the seventetn special funda 

Pe$erred to.,in Section2cfthe Act, Vernon’@ 

I\nn.Clv.St.art.4385a. Section 2 of the Act 

ti therecore unconstitutional. 

“We by nq amas llntend to insiauate 

thst the fi$%le to @he Acf was 80 drawn ror 

the purpo+$ of ~tleaelving 8ny one. There la 

Article g74a prior to its amendment by the 

5lst Legislature contained no provialon requiring the 

aubd@rlsion or adQlt$m to~be located with respect to an 

of which it la a 

body of House 

..We note, however, 

any reference to such 

adb&tlona>~ Fequiremeaft: nm do we find any provision in 

t@e e8ptiOn wlkich showB,that this additional Change was 

to bi? m#de $4 i&tScLe $‘#al As stated in the Gulf Insur@ioe c(aae, #ppr@, we do not intend to Insinuate that 

‘the t$tle on $&a bJ,,JJ W&B drawn far the purpose of dacelwlng anyone. 

or emor. 

ft m$q have been a complete oversight 

we nap&@ he14 that the caption was not suf- 
Hah. Jep 8. loller, page 5 (V-919) 

In view of the above quoted conatltutional 

prwlsion and the above holding by the Texas Supreme 

Court, It Is our opinion that that portion of House 

Bill 138 requiring eub~dlvisfans or addlticns to be Pocated with respect to an orfgfnal corner of the orfglnal. survey of which it fe a part, is ln vfo9ation of 

Section 35 of Article III of the Constitutfon of Texas. 

You are therefore advised that If the County 

Clerk has presented.to him for recordation the subdfvielan plat within them scope of Article 97'ra, BB amended 

by.Bouee Bill 158, which plait haa been approved b,y the 

proper authorities, but which does not locate such sub- 

~divlalon with respect to an orlglnal corner, of the ori- 

@ml survey, he should not refuse to receive and file 

.atioh pl& because of Its failure to have a 1ocatSon 

with reference to an original corner. 

.That portion of Xoude Bill 158, Acts of 

the.$lst fR&lslatWe, placing an additional 

FeqrtsMpent that'plats of subdlvialons or addltlona shall locate such subdlvlslona with 

respect ~to an original corner of the or&pnal 

survey is in violation of Article III, Section 

35 of the Constltutlon of Texas, alnce that 

Dart of the amendment was not Drovlded fbr in 

caption 

s 

of E&e Bill 158~-Gulf0~ummce 

J~LUPW, 143 TAX. 424, 185 s w d !a6 

; m Cattle and Pasture Cc, v. Carven109 Tex. 103 200 S W 521 I 1918) T 

lana.Power CA. v. Cit; of Farmer&* 

W;2d 235 (Tex.Comm.App.1933); 39 Tex.Jur, 

Yours very truly, 

John Reeves 

Aasintant