**.OFFICE OF**  **THE AHORNEY**  **GENERAL 0~**  **TEXAS AUSTIN**  **-oNAm**

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EonortableY. 0. flaerm

secrctar~ of mato Aumtin, **Texam**
Dear Mr. rlaerm 8 opiLpiopNo. 04841
Me: gifeotlte dqte of oonmtituI' ,tiotaal

amendment, Artlole q, 

# ssotion28, If maoh .~, mmp&ant mhotildbe adopted. I' We aoknal- r&eipt ofyour **letter** ofdate October 22, 1940, reque&lngL-legal opinion, as follarcr

to the Colmtltution of

**\., jALge&**  **lsany appliCStiOIR3**  **SrO llOI**  **bObBg** &e'Por appointments issusdiatelyafter the November Bleotion in the event the Wnt 

### reoeiresamrr)orityrote. *when will the Searstory of atats **be** authorized to lrPkeappointments ofNotariem in the event that aolendPentaarri0mt'Hon. IA.0. Florors - page 2

Uticls XVIl, Section 1, of'tho Constitution, with rospeot to the mode of amending the Conetltutlon, pm~IUes that:

. l * a It shall be the duty of the several returning offloers of said election, toopen a poll for, andmake 

### coturus to the Seoretary of State, of the **number** of legal votes oaet at said eleofion for **andagainet** saIdamendment and ii more than ow)be propoeed, then t he nunher ofvotes orretfor and against each of theu~;ond if it shall appear from erid return, that amajority of thevotes east hare been oast in favor of any ameudmend, the said amendment soreoeiring a **majority** oftthevotes oaet shallbeoom a part of this CoMtitution, am proolamxtlon shallbe made by the **Gwernor thereof.** **’**

tidesr Article 2024 of the lIevisedCivil Statutes pro-

*On the fifteenth day after the election, theday of election excluded, and not b&ore, the Seoretary of Btate in the preeence of the Governor am%Attoruey General, or in case ofvacancy in either of said offices, or Inability 

### or failure of either o? said offioers toa&, then In the presence of either one of them, shall open and count thereturns of the election.*

This Artlole, as a sequence ofArticle 3033, controls the ansT?r to your inquiry.

You arc therefore respectfully advised that upon the Seoretary of State's counting the returns of the election In the presence **of** the other State offi

### cers named, Fi It shall appear from said returns that a majority of the rotea oast have been oaet in favor of theamemdzmnt, the amendment thereupon becomes a part of the Constitution. **See** Texas **Water 4~** **Gas Co.**  vs. City of Cleburnc, 21 S.W. 383..

Hon. li.0. Flowers - page 3

The effeotlvo date of the amendment If carried doos not depend upon the **Governores** proclanntion. This was determined in an early case by Judge W~llson of theCourt of Crlndnal Appeals, wherein he said:

*Our construction of this provisIon is that It la the asoertolned **mnjority of**  the rote 

### of the people, and not the pro+ lamatioa of the **Governor,** wb%ch gives **force** and effeat to the amsndment. l l * We are of the opinion, therefore,~that amcoon as the election **returns** were bMaesed, and it rasl

ocertahed that amajority of the totea east were iu faroF of t&e ameudmsnt, It become a part of the Constitution, and was In full force and effeot from that date." -- Wilson ~0. The State, 1LI%3x. Ct. Apps. Rep. 150. -e . Very truly youra i.TTORNEXGBRERAL @ Tl3X@ 

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0cl.eSpeer As&lstant
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