Honorable ,J. M. Falkner. Opinion No. C- 95 

Chairman, Finance Commission 

DeDartment ofBankinR Re: Date additional deDosits 

Austin 14, Texas 

Dear Mr. Falkner: 

Your request 

"Senate 

required by Senate-Bill 

121, Acts of the 58th, 

Legislature, Regular Session will be effective. 

for an opinion reads as follows: 

Blll'l21, which has been 

finally passed and sent to the Governor, 

is an Actamending Article 912a-15, Vernon's Civil Statutes by increasing the 

amounts of deposits by perpetual'care 

cemeteries In 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 equivalent to such amount as may 

have be~en stipulated In any contract under 

which perpetual care property was sold prior 

to March 1 

(20# 5 

, 1934, plus a minimum of twenty 

cents per ‘square foot of ground area 

sold or disposed of as perpetual care property after'March 15, 1934, until such fund 

reaches a minimum of One Hundred Thousand 

Dollars ($lOO,OOO.OO), after which each 

such cemetery shall deposit an'amount equivalent 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.sold or disposed,of as 

perpetual care property after September 3; 

1945, until July 1, 1963. A minimum of 
Hon. J. M. Falkner, page 2 (C-95 ) 

Fifteen Dollars ($15.00) per each crypt 

interment right for mausoleum Interment 

sold or disposed of as perpetual care pro - 

erty and a minimum of Five Dollars ($5.00 P 

per each niche Interment right for columbarium interment sold or disposed of as perpetual care property between March 15, 1934, 

and July 1, 1962 shall 1 be placed i 

such perpetual c&e trust ff;nd. From ant 

after July 1, 1962 each such cemetery shall 

deDoslt In its DerAetual care trust fund an 

amount equivalent to 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 Interment right for mausoleum 

Interment sold or disposed of as perpetual 

care property, except that on crypts accesslble only,through another crypt the minimum 

requirement shall be Twenty Dollars ($20.00) 

per each such crypt, and a minimum of Ten 

Dollars'($lO.OO) per each niche Interment 

right for columbarlum interment sold or 

disposed of subsequent to July 1, 1963 shall 

also be placed in such perpetual care kust 

fund. Such minimum requirements shall apply 

to all property in which the exclusive right 

of sepulture has been sold and paid for, whether 

used for interment purposes or not. 

"'After July 1, 1963 each agreement for 

the sale of burial space in a perpetual care 

cemetery shall set out separately the part of 

the aggregate amount agreed to be paid by the 

purchaser which Is to be de o&ted in the perpetual care trust fund --I '7 Emphasis supplied). 

"From the above emphasized phrases it 

will be.noted that the amounts to be deposited 

In the perpetual care funds have been Increased 

beginning with July 1, 1963. However, since 

the Act was passed by viva vote votes in both 

Houses It does not become effective until August 

23, 1963. Numerous Inquiries have been made to 

this department as to whether the additional 

deposits should be made beginning with July 1, 

1963 as required by the Act or on August 23, 1963, 

the date upon which the Act becomes effective. 

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f 

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

"I am Yequestlxig .yo* opinion as to 

whether such additional deposits and requirements will become effective on 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 adjournment of.the session at which 

it was enacted, unless in case of an emergency, 

which emergency must be expressed In a preamble or in the body of the act, the Legislature shall,'by a vote of two-thirds of all 

the members elected to each House, otherwise 

direct; said vote to be taken by yeas and 

nays, and entered upon the journals." 

Since Senate Bill 121, under the facts submitted, 

was passed by a viva vote vote and not by "yeas" and 

"nays" entered upon the journals as prescribed by Section 

39 of Article III of the Constitution of Texas, it',could 

not become effective until 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 

ersecClve date of Senate Bill 121 would be August 23: 1'96 

A legislative act is not operative until 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, ,121 Tex. 615, 51 S.W. 

In view of the foregolng, you are advised that the 

additional deposits and requirements prescribed by Senate 

Bill 121 of the 58th Legislature, will not become payable 

until August 23, 1963. 

-472- 
Hon. J. M. Falkner, page 4,) (C- 95 ) 

SUMMARY 

The effective date of Senate Bill 

121, Acts of the 58th Legislature, 

Regular Sesslon, Is August 23, 1963, 

said date being ninety days after the 

adjournment of the Regular Session 

of the 58th Legislature. The additional deposits and requirements prescribed by 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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