July 29, 1971 

Hon. Wilson E; Speir 

Director. Texas Deoartment 

of Puilic Safetjr 

Box 4087 n 

Austin, Texas 78751 Opinion No. M-906 

Re : The effective dates of 

S.B; 316, S.B. 476, H.B. 

Dear Colonel Speir: 542, and S.B. 194. 

You have requested the opinion of this office as 

to the effective dates of Senate Bill 316, Senate Bill 476, 

House Bill 542, and Senate Bill 194 which are set out below 

in chronological order: 

1. 

2. 

3. 

Senate Bill 316 amending Article 

6687b, Section 3, Vernon’s Civil 

Statutes, by adding a new subset- 

-tion 4b, wa,s passed by the Senate 

on April 22, 1971, and the House 

on -6, a record vote 

sufficient to make the bill immediately effective upon the approval 

of the Governor. The Governor approved this bill on Mag 13, 19’71. 

Senate Bill 476 amending Article 

6687b, Section 3, Vernon’s Civil 

Statutes; passed the Senate on 

April 15 1971, ‘and the House on 

pyi19, i971, by record vote suf* 

ic ent to make the bill immediately 

effective upon the approval of the 

Governor. The Governor approved 

this bill on May 26, 1971. 

House Bill 542 amending Article 

6687b, Section 4, Vernon’s Civil 

Statutes; passed the House on s 

11, 1971, and the Senate on !tay 

13, ly’fr by a non-record voteand 

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‘Honorable Wilson E. Speir,’ page 2.’ (M-906) 

was approved by the Governor on 

~~0 :&b:i:e:o~2 go 

Legislature adjourns. 

4. Senate Bill 194 amending Article 

,6687b, Sections 3 and 4, Vernon’s’ 

Civil Statutes, (and others not 

involved herein), passed the Senate 

on May 11, 1971, and the House, 

with amendments, on May 30, 1971. 

The Senate concurred on the House 

amendments on Ma 31, 1971, by nonrecord vote. d 

the bill on June 2, 1971, .t 

effect 90 daGovernor approved 

:o go into 

madjournment . 

The controlling constitutional provision is Article 

III, Section 39, Texas Constitution, which$reads as follows: 

“No, law passed by the Legislature, 

,except the general appropriation act, 

shall take effect or go into force until 

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 $nd nays, 

and entered upon the journals. 

Senate Bill 316 which amended Article 6687b, Section 3, Vernon’s Civil Statutes, by adding a. new subsection 

4b became.effective immediately upon the Governor’s approval 

on May 13, 1971. It remained in effect until May 26, 1971, 

when it was superseded by Senate Bill 476. 

On May 26, 1971, Senate Bill 476 was approved by 

the Governor and became effective immediately. This Act 

amended Article 6687b, Section 3. In amending Section 3, 

this Act omitted subsection 4b. It is well settled that a 

repeal or revision may be effected by amendment and substitution. An amendatory act that recasts the language of an 

existing statute or section operates to repeal or supersede 

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l.lonorable Wilson E. Speir, page 3.’ (M-906) 

any omitted provisions of the original. 53 Tex.Jur .2d,’ 

Statutes, Sec. 107. It is clear that Senate .Bill 476 is 

intended to embrace all of the law as to “What persons 

are exempt from license” as set out in Section 3, and it 

is a well settled rule of statutory construction that 

where ‘it is apparent that a statute is intended to embrace 

all of the law upon the subject with which it deals, it 

supersedes all former laws relating to the same subject. 

53 Tex.Jur.2d, Statutes, Sec.~lOg; State v. Dancer, 391 

S.W.2d 504 (Tex.Civ ,App. 1965, error ref. n.r.e. j. In 

Gordon v. Lake, Secretary of State; 163 Tex. 392, 356 

2preme s. . Court said: 

“A statute may be repealed expressly 

or by implication. Where a later enactment is intended to embrace all the 

law upon the subject with which~ it 

deals, it repeals all former laws relating to the same subject. ” [See Atty. 

Gen.Op. O-1539, dated November 7, 1939). 

It is our opinion that Senate Bill 476 in so far as it 

amended Article 6687b, Section 3, became effective on May 

26, 1971, upon approval by the Governor and superseded Section 3 of Chapter 173, Acts of the 47th Legislature, Regular 

Session, 1941, as well as subsection 4b of Section 3 as contained in Senate Bill 316 which was previously discussed. 

Subsection &b was omitted from Senate Bill 476 and is therefore to be considered impliedly as repealed by the latter act. 

Since Senate Bill 476 clearly was intended to prescribe the 

only rules that should govern the subject matter set out in 

Article 6687b, Section 3, it sunersedes Section 3 both as 

that Section existed immediately before and after the amendment to that Section made by Senate Bill 316. 

House Bill 542 was approved by the Governor on 

May 19, 1971: This Act purports to amend Article 6687b, 

Section 4, and”becomes effective ‘90 days after the adjournment of~the Legislature. For reasons~ discussed later in this 

opinion, this bill wills never become effective and need not 

be discussed. 

Senate Bill 194 amending Article 6687b, Sections 3 

and 4, (and other sections which need not be discussed), was 

approved by the Governor on June 2, 1971 to become effective 

go-days after adjournment of the Legislature to wit: August 

30, 1971. Until that date, Section 3 as contained in Senate 

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Honorable Wilson E; Speir, page 4. (M-906) 

Bil,l 476 will be in effect. On August 30, 1971, Senate 

Bill 194 which is intended to embrace all of the law on 

Article 6687b, Sections 3 and 4,~bebomes effective. Since 

Senate Sill 19 is the latest expression of the intention of 

~the Legislature ‘and is~ clearly, intended to prescribe the 

only rules that. should govern the subject matter in Article 

6687b, Sections 3 and 4; it repeals the prior statutes. 

Therefore, on August ,30, 1971, Senate Bill 476 and House 

Bill 542 are superseded and annulled by the implied repeal 

effected by Senate’ Bill 194. 

Senate Biil 194 being the latest expression of 

the Legislature will prevai.1 over Senate Bill 476 which was 

passed 

Bill 47 % 

rior to it, irrespective of the fact that Senate 

took effect prior to Senate Bill 194 taking effect. 

See Attorney General Opinion No. V-990, dated January 26, 

1950, and Ex Parte De La Jesus De La 0, 227 S.W.2d 212, 

(TexiCrim. 1950). 

SUMMARY 

S.B. 316 became effective May 13, 

1971, and remained in effect until May 

26, ,1971, when it was superseded by 

S.B. 476. 

S.B. 476 which amend?, Art ., 66!17b, 

Sec. 3, V.C.S., became effective May 26, 

1971, and will remain in effect until 

August 30, 1971 when it will be superseded by S.B. ~1% which amends Art. 6687b, 

Sees. 3 and 4, V.C.S., (and others not 

relevant). 

S.B. 194 is clearly intended to 

embrace all of the law on the subject 

matter contained in Sees. 3 and 4 of 

Art. 6687b, V.C.S., and .being the latest 

expression of the will of the Legislature 

repeals all former laws on the subject, 

to wit: S.B. 476 and H.B; 542. H.B. $2 

will be superseded by S.B. 194 on August 

30, 1971, the date the latter becomes 

effective. 

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. . 

Honorable Wilson E. Speir, page 5. (M-906) 

Prepared by Charles Parrett 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Roland Daniel Green 

Ray McGregor 

James McCoy 

Gorden Cass 

MEADE F. GRIFFINS 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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