MEX GENERAL 

F XAS 

Honorable Robert S. Calvert Opinion No. MA15 

Comptroller of Public Accounts 

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 , . . (Central Education 

Agency, Item 21) . . . as contained 

era1 Appropriations Bill for fiscal 

September 1, 1969. 

in the Genyear beginning 

3. Attorney General's Opinion ww-102. 

"Does the langua e In S.B. 58 as contained 

in pages IV-5 and IV- 2 create an effective date 

for S.B. 8 earlier than September 1, 19701 

"The effective date for S.B. 8 must be 

determined to establish the cost of such leglslation for certification purposes 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 

appropriates mon$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 Senate Bill 8 has been cited in a General 

Appropriations Bill, 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 effective date of Senate Bill 8 is dependent 

upon whether Senate Bill 8 has been cited in the General Appropriations Bill for the fiscal year beginning September 1, 1969. 

You have enclosed with your request that portion of 

Article IV of Senate Bill No. 58, Acts of the 61st Legislature, 

Regular Session, 1969 (General Appro 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 Agency which lists the following statutory citations: 

'Senate Bill 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 (Articles 2922-11 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-seventh Legislature, Regular Session, 

1961; Senate Bill No. 18, Chapter 40, Acts of the 

Fifty-seventh Legislature, 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 Senate Bill 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 language above quoted from the General Appropriations 

Bill. 

You are therefore advised that 

Bill 58 (General Appropriations Bill for 

September 1, 1969) as contained on pages 

create an effective date 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 "the Act shall take 

effect when Senate Bill No. 8 has been cited in a 

General Appropriations Bill 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 

Frepared by John Reeves 

Assistant Attorney 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 

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