### IE IL TEXAS

Honorable John Connally Governor of Texas Opinion No. 

### C-55 Austin, Texas
Dear Governor
lows: The Re: Whether House Bill 496 is in compliancewith Section 

### 35 of Article III of the Texas Connally: Constitution. question posed by your opinion request is as fol-
"Willyou please advise me if this bill (House Bill 

### 496, 58thLegislature),complies with the provisions of Article 

### 3, Section 

### 35 of the Constitution of Texas?" Section 

### 35, Article III of the Constitution of Texas reads as follows:

"No bill (exceptgeneral appropriation bills,which may embrace the various subjects and accounts, for and on account ofwhich moneys are appropriated) shall containmore than one subject)which shall be expressed in its title. But If any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof, as shall not be so expressed."
follows: The title of House Bill 

### 496, 58thLegislature, is as

"ANACT changing the name and function of the 'LegionBranch of the San Antonio State TuberculosisHospital'; repealing all laws in conflictherewith; and declaring an emergency." The body of the Bill provides for the change of name from "Legion Branch of the SanAntonio State TuberculosisHospital" to "LegionAnnex of the Kerrville State Hospital"; places the Hospital under the control and management of the Board for Texas State Hospitals and Special Schools; provides that the function of the Hospitalwill be to provide care for persons suffering from mental illness; provides that appropriations
-271-Honorable John Connally, page 2 

### (C-55)

heretofore made to the Legion Branch of the San Antonio State TuberculosisHospital shall be available for the use and benefit of the LegionAnnex of the Kerrville State Hospital; and validates in behalf of the LegionAnnex Hospital all contractsheretofore entered into by the Legion Branch Hospital. The Bill further provides that the Board for Texas State Hospitals and Special Schoolsmay contractwith the Veterans Administration for the use of the facilities now occupied by the Legion Branch Hospital; repeals all laws in conflict, and declares an emergency.

It is well settled that Section 

### 35 of Article III of the Constitution of Texaswill be liberallv construed. Although this provision is Fntatory, it is sufficient if there is subsfantial compliance. un er v. 840 (18~5X!.!;SS;therland & M. CQ., 

### 82 g&&. , 

### 489 i'e":C~'&4';~~~~~~$ Board v. War&d, 111 S.W.2d o. v. James, 143 Tex. 424, 

### 185 S.W.2d' 96; (

The title of House Bill 496 describes the bill a;F;;;nging the name and function of the Legion Branch Hospital. tion" is defined as "the action for which a person or thing is speciallyfitted? used, or responsible or for which a thing exists: the activity appropriate to the nature or position of a person or thing
. . . can signify in common the acts, activity or operations expected of a person or thing by virtue of his or its nature, structure, status, or position.
. . .'IWebster's Third New InternationalDictionary (Unabridaed). From this definition,we feel that the term "function It is broad enough to cove:r the provisions of the Bill which were not specificallynamed in the title.

The entire Bill is devoted to the subject of the Legion Branch of the San Antonio State TuberculosisHospital, therefore it does not fall under the prohibitionagainst bills containing more than one subject.

In our opinion,House Bill 496 passed by the 58th Legislature complieswith the provisions of Section 

### 35 of Article III of the Constitutionof Texas.

SUMMARY House Bill 496 passed by the 58th Legislature is in compliancewiih the provisions of Section 

### 35

### HonorableJohnConnally,page3 CC-55)

ofArticleIII of theConstitutionof Texas. Yoursvery truly, WAGGONERCARR AttorneyGeneral

JGN:wb AP&UYVED: OPINIONCOMMITTEE W. V. Geppert,Chairman 

### AlbertJones JerryBrock MaryKateWall APPROVEDFOR THEATTORNEYGENERAL BY: StantonStone

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