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, 11 and 12 of 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.s nn.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, 116 Tex. 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, 

11 and 12 of 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, 11 and 12 by 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’ 

of three or four Sections by oumher, followed by, for example, 

“as amended by House Bill NO. 10, Acts 1947,‘FLftieth LegisLature;“. 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 the 

amended” are both short and all-inchisive, it appears? x;@E 

words were used to obviate the necessity of listing aIf these 

sessionacts andto negate the possibility of omitting an amendment through,error. 

Therefore,~ .it is 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, 11 and, U of Article 8306, Vernon’s Civtl Statutes, 

made by House Bill 433, Acts 55th Legislature, Regular Session 

1957, Chapter 397, page 1186 do not apply to the employtee .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 of future 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 

. .