October 22, 1962 

Hon. Louis Grump, Chairman 

Cost of Government Study Committee 

Austin, Texas 

Opinion No. W-1459 

Dear Mr. Crump: 

Whether It would be necessary, if 

a new constitution were drafted 

that a full wording of such draht 

be advertised and published verbatim, and related questions. 

fice 

Your recent requestfor opinion addressed to this ofcontains the following questions: 

“a . If a new State Constitution were drafted 

by a duly authorized constitutional convention 

would it be necessary for the full wording of this 

draft to be advertised and published verbatim in 

newspapers of general circulation in this State, 

as is currently the case with proposed constitutional amendments? 

“b. If newspaper circulation of this draft 

constitution is not necessary, are any other methods 

of advertising, promotion, or publication authorized 

or required in the Statutes or the present Texas 

Constitution?” 

that 

An inspection of the Constitution and statutes reveals 

there Is no method provided for a revision of the present 

Constitution, and also that there Is no constitutional or statutory method prescribed for publication of the proposed revision. 

Re: 

Section 1 of Article XVII in providing for amending 

the Constitution states as follows: 

Wet tfon 1. The Legislature, at any biennial 

session, by a vote of two-thirds of all the members 

elected to each House, to be entered by yeas and 

nays on the journals, may propose amendments to the 

Constitution, to be voted upon by the qualified 

electors for members of the Legislature which proposed amendments shall be duly published once a 
Hon. Louis Grump, page 2 (WW-1459) 

week for four weeks, commencing at least three 

months before an election, the time of which 

shall be specified by the Legislature, in one 

weekly newspaper of each county, in which such 

a newspaper may be published; and it shall be 

the duty of the several returning officers of 

said election, to open a poll for, and make returns to the Secretary of State, of the number 

of legal votes cast at said. election for and 

against said amendments; and if more than one 

be proposed, then the number of votes cast for 

and against each of them; and if it shall appear from said return, that a majority of the 

votes cast, have been cast in favor of any 

amendment, the said amendment so receiving a 

majority of the votes cast, shall become a 

part of this Constitution, and proclamation 

shall be made by the Governor thereof .I’ 

In deciding whether or not the publication provided 

for above, for amendments, shall be applicable to the revision 

of the Constitution, we must construe the word “amendment.” 

Corpus Juris Secundum makes the following distinction between 

an amendment and a revision: 

“Every proposition which effects a change in 

a constitution, or adds or takes away from it, is 

an amendment, and remains as such until the authority which voted it in shall vote it out, while a 

revision implies a reexamination and restatement of 

the constitution, or some part of it, in a corrected 

or improved form. . . .I’ 16 C.J.S. 37, Constitutional 

Law, Sec. 7. 

It is therefore our opinion, and you are so advised, that Article XVII of our Constitution pertains to amendments only, and 

not to a revision, and that the method of publication therein 

described in its unamended form, does not govern the method of 

publication to be used to accomplish a revision. It follows 

that there is no procedure in the present Constitution for advertisement or publication of a proposed revision. 

In response to your second question, we find no provisions for advertising, promotion or publication in either the 

statutes or the Constitution. 

However, a duly authorized constitutional convention, 

as representatives of the people, has the authority to provide 
Hon. Louis Grump, page 3 (bhf-1459) 

the mode of advertising and publishing a proposed constitutional 

revision in the absence of constitutional or statutory directives. &ee 16 C.J.S. 29-60 Constitutional Law, ?% 4-5-6-7-8-g10. 

If a new State Constitution were drafted, there 

is no provision in the present Constitution or statutes which provides for publication in newspapers of 

the proposed revision. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

&k/&4 

Fred D. Ward 

FDW:wb Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

L. P. Lollar 

Sam Stone 

Tom Peterson 

REVlXWEDFORTREATTORNEYGENERAL 

By: Leonard Passmore