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 

compliance with Section 35 of 

Article III of the Texas 

Connally: Constitution. 

question posed by your opinion request is as fol- 

"Will you please advise me if this bill 

(House Bill 496, 58th Legislature),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 (except general appropriation 

bills, which may embrace the various subjects 

and accounts, for and on account of which 

moneys are appropriated) shall contain more 

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, 58th Legislature, is as 

"AN ACT changing the name and function of 

the 'Legion Branch of the San Antonio State 

Tuberculosis Hospital'; repealing all laws in 

conflict herewith; and declaring an emergency." 

The body of the Bill provides for the change of name 

from "Legion Branch of the San Antonio State Tuberculosis Hospital" to "Legion Annex 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 Hospital will be to provide care for persons suffering from mental illness; provides that appropriations 

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Honorable John Connally, page 2 (C-55) 

heretofore made to the Legion Branch of the San Antonio State 

Tuberculosis Hospital shall be available for the use and benefit 

of the Legion Annex of the Kerrville State Hospital; and validates in behalf of the Legion Annex Hospital all contracts heretofore entered into by the Legion Branch Hospital. The Bill further provides that the Board for Texas State Hospitals and Special 

Schools may contract with 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 Texas will 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 

specially fitted? 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. . . .'I Webster's 

Third New International Dictionary (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 specifically named in 

the title. 

The entire Bill is devoted to the subject of the Legion 

Branch of the San Antonio State Tuberculosis Hospital, therefore 

it does not fall under the prohibition against bills containing 

more than one subject. 

In our opinion, House Bill 496 passed by the 58th Legislature complies with the provisions of Section 35 of Article 

III of the Constitution of Texas. 

SUMMARY 

House Bill 496 passed by the 58th Legislature 

is in compliance wiih the provisions of Section 35 
Honorable John Connally, page 3 CC-55) 

of Article III of the Constitution of Texas. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JGN:wb 

AP&UYVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Albert Jones 

Jerry Brock 

Mary Kate Wall 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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