Honorable ,J. M. Falkner. Opinion No. C- 95 Chairman,Finance Commission DeDartmentofBankinR Re: Date additionaldeDosits Austin 14, Texas

Dear Mr. Falkner:
Your request "Senate requiredby Senate-Bill 121, Acts of the 58th, Legislature,

Regular Session will be effective. for an opinion reads as follows: Blll'l21,which has been finallypassed and sent to the Governor, is an Actamending Article 912a-15,Vernon's Civil Statutesby increasingthe amounts of depositsby perpetual'care cemeteriesIn their perpetual care funds. "Section 3 of the Act which amends Article 912a;15,~

V.C.S. provides in part as follows: "'Each perpetual care cemetery shall deposit in Its perpetual care trust fund an amount equivalentto such amount as may have be~en

stipulatedIn any contractunder which perpetual care propertywas sold prior to March 1 (20# 5 , 1934, plus a minimum of twenty cents per ‘square foot of ground area sold or disposedof as perpetual care property after'March15, 1934, until such fund reaches a minimum of One Hundred Thousand Dollars ($lOO,OOO.OO), after which each such cemetery shall deposit an'amountequivalent to a minimum of ten cents (1Od)per square foot of ground area sold or disposed of as perpetual care property after March 15, 1934, until September 3, 1945. Each such cemetery shall deposit In Its perpetual care trust fund anamount to minimum of twenty cents e uivalent (20 j ) a, per square foot of ground area.soldor disposed,ofas perpetual care property after September 3; 1945, until July 1, 1963. A minimum ofHon. J. M. Falkner,page 2 (C-95 )

Fifteen Dollars ($15.00)per each crypt intermentright for mausoleum Interment sold or disposed of as perpetual care pro - erty and a minimum of Five Dollars ($5.00 P per each niche Intermentright for columbarium intermentsold or disposed of as perpetual care propertybetween March 15, 1934, and July 1, 1962 shall 1 be placed i such perpetualc&e trust ff;nd. From ant after July 1, 1962 each such cemetery shall deDoslt In its DerAetual care trust fund an amount equivalentto a ml&nun of fifty cents (50#)per square foot of ground area sold or disposed of as perpetual care property after', said date. A minimum of Forty Dollars ($40.00) per each crypt Intermentright for mausoleum Interment sold or disposed of as perpetual care property, except that on crypts accesslble only,through

another crypt the minimum requirementshall be Twenty Dollars ($20.00) per each such crypt, and a minimum of Ten Dollars'($lO.OO)

per each niche Interment right for columbarlumintermentsold or disposed of subsequentto July 1, 1963 shall also be placed in such perpetual care kust fund. Such minimum requirementsshall apply to all property in which the exclusiveright of sepulturehas been sold and paid for, whether used for intermentpurposes or not. "'After July 1, 1963 each agreement for the sale of burial space in a perpetual care cemetery shall set out separatelythe part of the aggregateamount agreed to be paid by the purchaserwhich Is to be de o&ted in the perpetual care trust fund --I '7 Emphasis supplied).
"From the above emphasizedphrases it will be.noted that the amounts to be deposited In the perpetual care funds have been Increased beginningwith July 1, 1963. However, since the Act was passed by viva vote votes in both Houses It does not become effectiveuntil August 23, 1963. Numerous Inquirieshave been made to this departmentas to whether the additional deposits shouldbe made beginningwith July 1, 1963 as requiredby the Act or on August 23, 1963, the date upon which the Act becomes effective.

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Hon. J, M. Falkner,page ,3: (C-95 ) I' " "

"I am Yequestlxig

.yo* opinion as to whether such additionaldepositsand requirements will become effectiveon July 1, 1963 or on August 23, 1963." Section 39 of Article ,111 of the Constitution of Texas provides:

"No.:law

passed by the'legislature, except the general appropriatloii act, shall take ,~ effect oil

go Wto fW&e untU ninety days after the adjournmentof.the session at which it was enacted,unless in case of an emergency, which emergencymust be expressedIn a preamble or in the body of the act, the Legislature shall,'bya vote of two-thirdsof all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and enteredupon the journals." Since Senate Bill 121, under the facts submitted, was passed by a viva vote vote and not by "yeas" and "nays" enteredupon the journalsas prescribedby Section 39 of Article III of the Constitution of Texas, it',could not become effectiveuntil ninety days after adjournment of the Regular Session of the 58th Legislature. v. Cole, 129 Tex. 370, 102 S.W.2d 173 (1937). He%%%ie ersecClvedate of Senate Bill 121 would be August 23: 1'96
A legislativeact is not operativeuntil It becomes law. Moorman v. Terrell, 109 Tex. 173, 202 S.W.

Anderson v. Perrlx, 138 Tex. 596, 1.61~s.~. Popham v. P

atterson,,121Tex. 615, 51 S.W.

In view of the foregolng,you are advised that the additionaldepositsand requirements prescribedby Senate Bill 121 of the 58th Legislature, will not become payable until August 23, 1963.

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SUMMARY

The effectivedate of Senate Bill 121, Acts of the 58th Legislature, Regular Sesslon, Is August 23, 1963, said date being ninety days after the adjournmentof the Regular Session of the 58th Legislature. The additional depositsand requirementsprescribedby Senate Bill 121 will not become payable until August 23, 1963.
Yours very truly,
WAGGONER CARR Attorney General

John Reeves

JR:ms:st APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Linward Shivers Jerry Brock APPROVED FOR TRE ATTORNEY GENERAL BY: Stanton Stone

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