## MEX GENERAL F XAS

Honorable Robert S. Calvert Opinion No. MA15 Comptroller of PublicAccounts Austin, Texas 78711 Re: Effective date of Senate Bill 8, Acts of the 61st Legislature,Regular Session, 1969, an Act providing for the implementation of a program of Dear Mr. Calvert: student teaching.

Your request for an opinion reads as follows:
"I have attached the following Items for legal interpretation In regard to the effective date for S.B. 8, 61st Legislature,R.S.: 1. S.B. 8, 61st Legislature,R.S. 2. S.B. 58, 61st Legislature,R.S., pages 5 and 6 of Article IV , . . (CentralEducation Agency, Item 21)

. . . as contained era1 AppropriationsBill for fiscal September 1, 1969. in the Genyear beginning

3. Attorney General's Opinionww-102.
"Does the langua e In S.B. 58 as contained in pages IV-5 and 2 IV- create an effective date for S.B. 8 earlier than September 1, 19701 "The effectivedate for S.B. 8 must be determined to establish the cost of such leglslation for certificationpurposes as required by State's Constitution,Article III, Section 49a."
Senate Bill 8, Acts of the 6lst Legislature,Regular Session, 1969, provides for a program of student teaching and appropriatesmon$y for the program "for the biennium ending August 31, 1971.

-2065-Hon. Robert S. Calvert, page 2 (m-415)

The effective date of Senate Bill 

### 8, Acts of the 61st Legislature is prescribed in Section 

### 5. Section 

### 5 provides:

'Section 

### 5. This Act shall take effect when SenateBill 

### 8 has been cited in a General AppropriationsBill, but in no event shall the Act become effective later than September 1, 1970."
In view of the provisions of Section 

### 5 of Senate Bill 

### 8 above quoted, the effectivedate of Senate Bill 

### 8 is dependent upon whether Senate Bill 

### 8 has been cited in the GeneralAppropriationsBill for the fiscal year beginning September 1, 1969.

You have enclosedwith your request that portion of Article IV of Senate Bill No. 

### 58,Acts of the 61st Legislature, Regular Session, 

### 1969 (GeneralAppro rlations Bill for the fiscal year beginning September 1, 

### 1969 P relating to the allocation of the Foundation School Fund in the appropriation to the Central Education Agencywhich lists the following statutory citations:

'SenateBill No. 117, Chapter 335, Acts of the Fifty-first Legislature,Regular Session, 1949 (Article 7083a, Section 2 (4-a),Vernon's Civil Statutes), as amended, and any balances remaining in the Foundation School Fund at the end of such year, to pay the State's partof the Foundation School Program as provided for in Senate Bill No. 

### 116,Chapter 

### 334,Acts of the Fifty-first Legislature,Regular Session, 1949 (Articles2922-11 to 2922-22,Vernon's Civil Statutes),as amended, and Senate Bill No. 355, Chapter 215, Acts of Fifty-second Legislature,Regular Session, 1951;House Bill No. 51, Chapter 

### 481,and House Bill No. 

### 612, Chapter 430, Acts of the Fifty-sixth Legislature,Regular Session, 1959;House Bill NO. 479, Chapter 

### 468,Senate Bill No. 22, Chapter 372, as amended, Senate Bill No. 80, Chapter 

### 260,as amended, Senate Bill No. 51, Chapter 374, and Senate Bill No. 178, Chapter 12, Acts of the Fifty-seventhLegislature,Regular Session, 

### 1961;Senate Bill No. 

### 18,Chapter 40, Acts of the Fifty-seventhLegislature,Third called Session, 

### 1962;House Bill No. 167, Chapter 106, as amended, and House Bill No. 

### 87, Chapter 

### 361,Acts of the

-2066-.

Hon. Robert S. Calvert, page~3 (m-415)

Fifty-eighth Legislature,Regular Session, 

### 1963, as amended; Senate Bill No. 

### 149,Chapter 

### 545, Senate Bill No. 

### 408,Chapter 

### 448,Senate Bill No. 4, Chapter 

### 438,and SenateBill 

### 575,Chapter 

### 563, as amended,Acts of the Fifty-ninth Legislature, Regular Session, 1965;House Bill 

### 156,Chapter 

### 451,and House Bill No. 1020, Chapter 706, Acts of the 60th Legislature,Regular Session, 

### 1967."
Senate Bill 8, Acts of the 6lst Legislature,Regular Session, 

### 1969,Is not Included in the list of statutes cited in the languageabove quoted from the GeneralAppropriations Bill.
You are therefore advised that Bill 

### 58 (GeneralAppropriationsBill for September 1, 1969) as contained on pages create an effectivedate for Senate Bill 

### 1, 1970. the language in Senate the fiscal year beginning IV-5 and IV-~ does not 8 earlier than September

SUMMARY
In view of the language of Section 

### 5 of Senate Bill No. 

### 8,Acts of the 6lst Legislature,Regular Session, 1969, providing that "theAct shall take effect when Senate Bill No. 

### 8 has been cited in a General AppropriationsBill but In no event shall it become effective later than September 1, 1970," and in view of the fact that the provisions of Senate Bill No. 58 as contained in the appropriation to the Central Education Agency for the fiscal year beginning September 1, 

### 1969,do not cite said Senate Bill No. 8, Senate Bill No. 58 does not create an effective date for Senate Bill No. 

### 8 earlier than September 1, 

### 1970. Your+7very truly,

ORB C. MARTIN General of Texas Freparedby John Reeves AssistantAttorney General

-2067-Hon. Robert S. Calvert, page 4 (M-415)

APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Kelton, Vice-Chairman Bill Allen Sarah E. Phillips James Quick Harold Kennedy
W. V. Geppert Staff Legal Assistant Hawthorne Phillips Executive Assistant

- 2068 -