THEAVTORNEY GENERAL 

OFTEXAS 

AUSTXN 11. TEXAS 

W1I.I. FVILSON 

A-rroRN*:Y GIENERAL 

August 31, 1959 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion No. WW- 69 $ 

Re: Effective date of H.B. 14, 

3rd C.S., 56th Leg., and 

Dear Mr. Calvert: related questions. 

You have requested an opinion on the effective date 

of House Bill 14, Acts of the 56th Legislature, Third Called 

Session, 1959. Your specific questions read as follows: 

"Is it effective immediately upon the 

approval by the Governor? Or, is it a ninetyday bill? 

"Is the appropriation provision effective immediately upon the approval by the 

Governor and the other smendatory section 

effective ninety days after adjournment?" 

The effective date of House Bill 14 depends on 

it is an appropriation bill simply setting aside a sum 

lit money and providing the means for its expenditure, 

ther it is a general law containing an appropriation. 

whether 

of pubor wheThe caption of House Bill 14 provides as follows: 

"An Act to provide Three Hundred and 

Thirty-three Thousand Dollars ($333,000) 

for additional expenses of the Fifty-sixth 

Legislature by amending Section 2 and Section 2a of Chapter 241 (House Bill No. 755), 

Acts, 1935, Forty-fourth Legislature, Regular Session as amended by Section 2 of Subdivision (bj of Section 1, Chapter 1 (House 

Bill No. 2) Acts, 1950, Fifty-first Leglslature, First Called Session as amended by 
Honorable Robert S. Calvert, page 2 (W-692) 

Section 1 of Article 1 of Chapter 404 (House 

Bill No. 660), Acts 1955, Fifty-fourth Legislature, Regular Session, as amended by Section 3 

of Chapter 1 (House Bill No. l), Acts, 1959, 

Fifty-sixth Legislature, Regular Session, as 

amended by House Bill No. 22, Acts 1959, 

Fifty-sixth Legislature, Second Called Session (codified in Vernon's Civil Statutes as 

Section 2 (e) of Article 7047c-1) so as to divert said amount from cigarette tax collections 

to the Legislative Expense Fund, amending Section 

5 a of Chapter 1, Acts, 1959, Fifty-sixth Legislature, Regular Session, so as to prohibit the earmarking of funds by motion or Resolution by unilateral action of either House, appropriating 

such moneys for the Fifty-sixth Legislature's 

expenses; prescribing the per diem and mileage 

rates of Legislative Members of interim committees 

and other agencies of the Legislature; and declaring an emergency." 

Section 1 of the Act amends certain Sections of Article 

7047c-1, Vernon's Civil Statutes, a general law providing for 

the levy and collection of certain taxes. Section 1 of House 

Bill 14 provides for the allocation of certain revenues derived 

from the tax levy of Section 2 of Article 7047c-1. 

Sections 2 and 3 of House Bill 14 amend House Bill 1, 

Acts of the 56th Legislature, Regular Session, 1959, Chapter 1, 

page 1, which is an act creating the Legislative Expense find 

and providing for the expenses of the 56th Legislature by amending Article 6687b, Vernon's Civil Statutes and Article 7047c-i, 

Vernon's Civil Statutes. 

Section 4 of House Bill 14 appropriates moneys transferred into the Legislative Expense Fund for the purposes 

described in Section 5 of House Bill 1, Acts of the 56th Legislature, Regular Session, 1959, Chapter 1, page 1. 

An appropriation bill cannot repeal, modify or amend 

an existing general law. Conley v. .Daughters of the Republic, 

151 S.W. 877, (1912) Linden v. Finley, 92izx. m. 49- 

S.W. 578 (1899;; starve v. Steele, ii 'l'ex. ~03 (1882); ALLG,-- 

ney General's Opinion WW-9b (1957). The appl,opriation contained in Section 4 of House Bill 14 would be invalid without 
Honorable Robert S. Calvert, page 3 (WW-692) 

amending the existing general law since such appropriation 

would be contrary to existing general legislation. The amendments to the existing general law necessary in order for the 

appropriation contained in Section 4 to be valid were made in 

Sections 1, 2 and 3 of House Bill 14. Since House Bill 14 

amends provisions of the general law, it is out opinion that 

it is a general law containing an appropriation. 

Section 39 of Article III of the Constitution of Texas 

provides: 

"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 bode of 

the act, the Legislature shall, by a vote of twothirds of all the members elected to each House, 

otherwise direct; said vote to be taken by yeas 

and nays, and entered upon the journals." 

House Bill 14 was passed by a viva vote vote. Therefore, its provisions, including the appropriation contained 

in Section 4, are effective ninety days after the adjournment 

of the Third Called Session of the 56th Legislature. Caples 

v. Cole, 129 Tex. 370, 102 S.W.2d 173 (1937). 

SUMMARY 

House Bill 14, Acts of the 56th 

Legislature, Third Called Session, 

1959, amending Article 7047c-1, 

Vernon's Civil Statutes, and House 

Bill 1, Acts of the 56th Legislature, Regular Session, 1959, Chapter 

1, Page 1, is a general law containing 

an appropriation and is effective 

ninety days after date of adjournment of the Third Called Session 
Honorable Robert S. Calvert, page 4 (WW-692) 

of the 56th Legislature, not having 

received the two-thirds record vote 

required by Section 39 of Article 

III of the Constitution of Texas. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:mfh 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

B. H. Timmins, Jr. 

Dean Davis 

William E. Allen 

Jay Howell 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore