# T~~ATTORNEYGENES OF TEXAS ~"

WI& WILSON A-RNEY GEN~RAI. February 17, 1958

Mr. H. C. Pittman,‘Jr. Chairman Industrial Accident Board Austin, Texas Opinion No. WW-368
Re: Are weekly compensation benefits and medical benefits extended to employees of State Schools, counties, municipalities and the Texas Highway Department by reason of Article 0306 of Dear Sir: the 55th Legislature.

You have asked our opinion as to whether the amendments to Sections 7, 7-c, 8, 10, 11and 12of Article 8306, Vernon’s Civil Statutes, made by the Legislature in House Bill 433, Acts, 55th Legislature, Regular Session, 1957, Chapter 397, page 1186, apply to the employees of Texas A. & **M.** College (Art. 8309-B, V.C.S.), counties (Art. 8309-C, V.C.S.), the University of Texas (Art. 8309-D, V.C.S.), cities, towns and villages (Art. 8309-E, V.C.S.), Texas Technological College (Art. 8309-F, V.C.S.), and the State Highway Department of Texas (Art. 6674s, V.C.S.). Each of these latter Acts adopts certain provisions of the Workmen’s Compensation **Act,** including those involved in this request. The specific legal problem invoived,is whether the Acts adopting the Workmen’s Compensation Law for these groups of employees also adopted subsequent amendments to the Sections adopted.

House Bill 433, supra, wc7.snn.r:t.::l by the Legislature subsequent to the adopting Acts refcrrcil t,>above. Therefore, none of the adopting Acts refer to House Bill 413, and if House 433 is to apply to the employees of the entities above named, it can only be through the adopting Acts applying to future changes in the Sections adopted. The laws providing workmen’s compensation 

### for the employees of Texas A. &. M. College and counties adopt the above Sections of the Workmen’s Compensation Act, “as amended”

. All the other Acts named above list the Sections adopted “as amended by [a specific session law] I’

.

In Trimmier v. Carlton, 116Tex. 572, 296 S.W. 1070 (1927) the Supreme Court of Texas succinctly stated the law to be applied to this situation as follows:Mr. H. C. Pittman, Jr., page 2 (WW-368)

0 *

. .

**“ Statutes**  which refer to other statutes and make them applicable to the subject of legislationare called ‘reference statutes,’ and are a familiar and valid mode of legislation. The general rule is that when a statute is adopted by a specific descriptive reference, the adoption takes the statute as it exists at that time, and the subsequent amendment thereof would not be within the terms of the adopting act, But when the language of the adopting act is such as to evidence an intention on the part of the Legislature that the act as it then existed and as it might thereafter be amended was to be adopted, then the **courts** will give effect to that intention, and the adopted act and amendments thereto will be held to be within the meaning of the adopting act and to govern the subjectmatter thereof.

. . .” As we have stated, the laws adopting the Workmen’s Compensation Act for University of Texas, city, town or village, Texas Technological College and State Highway,Department of Texas employees, did so by naming the Sections adopted together with their amendments, citing the amendments by their specific session law citations. We think it clear that, under the rule of the Trimmier case, such an adoption of another **statute** is not sufficient **to** adopt subsequent amendments thereto. Accordingly, it is our opinion that the amendments to Sections 7, 7-c, 8, 10, 11and 12of Article 8306, Vernon’s Ci~vil Statutes, by House Bill 433, Acts, 55th Legislature, Regular Session, 1957, Chapter 397, page 1186,do not apply to the employees of the University of Texas, cities, towns or villages, Texas Technological College **or** the **State** Highway Department of Texas. It has .been previously so held by this office in a similar situation. Attorney General’s Opinion V-539.

The laws providing workmen’s compensation for employees of Texas A. &M. College and counties (cited supra) adopt certain Sections of Article 8306, Vernon’s Civil Statutes, “as amended”

. Under the Trimmier case, we are to determine the intention of the Legislature in using the words “as amended”

. If the Legislature intended these words to mean “as amended from time to time” then the amendments to Sections 7, 7-c, 8, 10, 11and 12by House Bill 433, will apply to these employees. However, if by using these words the Legislature intended to say “as amended heretofore”, then the amendments will not apply.

### Mr. H. C. Pittman, Jr., page 3 (WW-368)

We think the latter meaning is 

### intended in this instance. First, the “amended” is used in the 

### past tense, and no indication of in 

### future thought is given. 

### Second, the history of the two Actri-d would 

### indicate that the words 

### “as amended” were used as a term of convenience to include all prior Acta amending the original Workmen’s Compensation **Act.** 

### When the original adopting Acts for Texas A. &M. College and counties were adopted, the Sections adopted were grouped, in such a manner that the amendments subsequent to the,origlnd 

### Workmen’s Compensation **Act were**  

### listed fotlowlng the sections which they amended. In other words, there would be a listing’ ofthree or four Sections by **oumher,** 

### followed by, for example, “as amended by House Bill NO. 10,Acts 1947,‘FLftieth**LegisLa ture;** **“**

**.** 

### The listing, in this manner of,the &irty-six ?r SO Sections adopted consumed lover **one-half** 

### page **in** 

### the seasion acts, and involved the citation of,approximately cighteaa sossion acts in**each** 

### of these adoptiw.laws. SWo thex;@E amended” **are** 

### both short and all-inchisive, it appears? words were **used** 

### to obviate the necessity of listing aIf these sessionacts andto negate the possibility of omitting an amendment through,error.

Therefore,~ .itis **our** 

### opinion that the Legislature intended the words 

### ‘!a$,.amended!’ to apply retrospectively aid not prospectively. 

### Accordingly, the amendments to Sections 7, 7-c, 8, 10, 11and,U ofArticle 8306, Vernon’s Civtl Statutes, made 

### by House Bill 433, **Acts** 

### 55th Legislature, Regular Session 1957,Chapter 397, page 1186do not apply to theemploytee .of Texas a. &M. Colbge~ or ‘counties under the terms of t& rospective above ,cited statutes.SUAMARY

Amendments’to Artiele.8306, Verti’r Civil S-tuteb, siabsequent to **Articles** 

### 8309,b,~8309-c, 8309-6, 869-e. 83094 ,,Andy 66746,Vernon’s Civil Statutes, .d-0 not apply to the emplqyees cwered by those latter **Acts because**  **the** 

### adoptive provisions of such latter Acts do not contemplate adoption offuture amendments to 

### Article 8306, VcirAoti’s Civil Statutea.

JHM:mg:~wb:ps Very trdy ybrl;Mr. H. C. Pittian, Jr., page 4 

### (VW-368)

APPROVED: OPINION COMMITTEE
Gee. P. Blackburn, Chairman Cecil C. Rotsch
J. Msrk McLaugh&ln
J. Milton Richardson
REVLEWED FOR THE ATTORNEY 

### GENERAL
BY: 

### W. V. Geppert

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