.OFFICE OF THE AHORNEY GENERAL 0~ TEXAS 

AUSTIN 

-oNAm 

-- 

Eonortable Y. 0. flaerm 

secrctar~ of mato 

Aumtin, Texam 

Dear Mr. rlaerm 8 opiLpiop No. 04841 

Me: gifeotlte dqte of oonmtituI' ,tiotaal amendment, Artlole 

q, ssotion 28, If maoh 

.~, mmp&ant mhotild be adopted. 

I' 

We aoknal- r&eipt of your letter of date 

October 22, 1940, reque&lngL-legal opinion, as follarcr 

to the Colmtltution of 

\., jALge& lsany appliCStiOIR3 SrO llOI bObBg 

&e'Por appointments issusdiately after the 

November Bleotion in the event the Wnt 

reoeires a mrr)ority rote. 

*when will the Searstory of atats be 

authorized to lrPke appointments of Notariem 

in the event that aolendPent aarri0mt' 
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, to open a poll for, and make 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 of votes orret for and against 

each of theu~; ond if it shall appear from 

erid return, that a majority of the votes 

east hare been oast in favor of any ameudmend, the said amendment so reoeiring a 

majority oft the votes oaet shall beoom a 

part of this CoMtitution, am proolamxtlon shall be made by the Gwernor thereof.’ 

tidesr 

Article 2024 of the lIevised Civil Statutes pro- 

*On the fifteenth day after the election, the day of election excluded, and 

not b&ore, the Seoretary of Btate in the 

preeence of the Governor am% Attoruey General, or in case of vacancy in either of 

said offices, or Inability or failure of 

either o? said offioers to a&, then In 

the presence of either one of them, shall 

open and count the returns of the election.* 

This Artlole, as a sequence of Article 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 officers named, Fi It shall appear from said returns that 

a majority of the rotea oast have been oaet in favor 

of the amemdzmnt, 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 the Court 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 am coon 

as the election returns were bMaesed, and 

it r a s l ocertahed that a majority 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.TTORNEX GBRERAL @ Tl3X@ 

46 

0cl.e Speer 

As&lstant 

08-m