Honorable F. T. Graham opinionNo. C- 504

Criminal DistrictAttorney Cameron County Re: Whether those county clerks Brownsville,Texas now incumbentare required during their current terms to bring themselves and their respective staffs under the provisions of Article 1937, Vernon's Civil Statutes, as amendedby House Bill 125,Acts of the Dear Mr. Graham: 59th Legislature, 1965.

You have inquired as to whether those county clerks now incumbent are required during their current terms to bring themselvesand their respect,ive staffs under the provisions of Article 1937,Vernon's Civil :Statutes, as amendedby House Bill 125,Acts of the 59th Legislature, 1965.

The amended Article 1937,which under Section 39, Article III of **the** Texas Constitutionbecomes effective on August 30, 1965, 90 days after the adjournment of the 59th Legislature, prwiaes in patt:

"Section 1. Each aounty ,clerkshall,before enteringuEon the duties of his office, give bond

. . _. LandJ shall also takeand subscribe the official oathwhich shallbe endorsed on thebond
. . . "Section 2.
. 4 .' Qch deputy-and each empl~oyee

shallbe covered funder'bong for the same conditions and in the same amount as the county clerk
. . .'I Those clerks ,nowin office are bonded pursuant to the requirements ofArticle 1937 as it stood prior to amendment. The legislaturehas failed to prwide that the bonds of those now incumbent shouldbe increased to the new minimum rates set forth **-2380-**.

Hon. F. T. Graham, page 2 (C-504 )

in the amendedArticle 1937. The provisions of Section 1 are by their clear and unambiguous terms limited to the county clerk when qualifying forhis office. There is. however, authority under Article 6002,Vernon's Civil Statutes, for those counties wishing to require increasedbond of him. SaidArticle provides:

"When the coavnissioners court becomes satisfied that thebond of any county officerwhich has been approvedby said court is from any cause insufficient, they shall require a new bond or additional security tobe given. Said court shall cause said officer tobe cited to appear at a term of their court not less than five days after service, and shall take such action as they deem best for the public interest,and their decision shallbe final and no appeal shall lie therefrom."
In the absence~,of an actionby the commissioners court pursuant to Article 6002, it is our opinion that there is nothing in Article 1937which would automaticallyrequire the county clerk to bring his bond up to meet the new minimum requirements. There is a well settled policy,against judicial findings of abruptbreaks or changes in the law unless the legislaturehas clearly indicated that such was intended. Adams v. Rockwall County. 280 S.W. 759 (Tex.Comm.App.1926). ,Youare therefore advised that unless the commissioners court acts under Article 6002 to requirehim to do so, the county clerk now incumbentneed not increasehis bond. However,he will continue tobe required to keep his bond at the level required of him upon entering office for his current term. Where the legislaturehas simultaneously repealed and re-enacteda statute, itwill be presumed that the original statute continues in forceuntil such,time as the act as re-enactedbecomes effective or operative. McMullen v. Guest, 6 Tex. 275 (1851):Handel v. Elliott, 60 Tex. 145 (1883). This presumption shouldbe espec,ially strong in the instant case where the requirements of the new statute are more stringent than those of the old.

You are further advised that the coverage of Section 2 ofArticle 1937 as amended,would not, by the clear terms of **such** section,become operational independently' of Section 1. Therefore, so long as the county clerk is not brought within the -2381-Hon. F. T. Graham, page 3 (C-504 )

coverage of Section 1 of the amended act, his subordinateswill not come within the coverage of Section 2.

Neither does Section 3 of Article 1937,which provides how the bonds set forth in the first two sectionswill be payable, make any requirement independentlyof the first two sections.
We are enclosingherewith our recent Opinion C-506 which fully answersyour third question.
SUMMARY Those county clerks now incumbentare not required during their current term of office to bring themselvesand their respective staffs under the provisions of Article 1937,Vernon's Civil Statutes, as amendedby House Bill 125, Acts of the 59th Legislature, 1965.
Yours very truly, WAGGONER CARR Attorney General

Craddock, Jr. LC:ra APPROVED: OPINION COMMITTEE
W. 0. Shults, Chairman Sohn Banks Kerns Taylor Pat Bailey Ralph Rash APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright Assistant

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