Honorable Gene N. Fondren Opinion No. C-409 

Chairman, Subcommittee on 

Municipal and Private Corporations 

House of ReDresentatlves 

Austin, Texas 

Dear Mr. Fondren: 

Re: Effect of 

proposed amendments to H. B. 20 

and H. B. 371. 

Your request for our opinion states that the subcommittee of the House Committee on Municipal and Private 

Corporations Is currently considering H. B. 20 and 

H. B. 371. Since the Introduction of these Bills, the 

subcommittee has been advise.d that litigation has 

arisen. In an effort to avbid any prejudicial effect 

by these Bills on such litigation, amendments to both 

Bills have been proposed. You have requested our 

opinion concerning whether these proposed amendments 

would be effective to the extent that the provisiohs of 

such Bill will not affect any pending litigation or the 

title to real estate. 

The proposed amendment to H. B. 20 is as follows: 

“nor shall the provisions of this Act affect, 

in any way, the title to real estate, the ownership of which has been contested or attacked 

or 1s involved in any pending suit or 

litigation.” 

The proposed amendment to H. B. 371 provides: 

“Sec. 4. The provisions of this Act shall not 

apply to any revenue time warrant nor revenue 

bonds, the validity of which has been contested 

or attacked in any pending suit or litigation; 

nor shall the provisions of this Act affect, 

In any way, the title to real estate, the ownership of which has been contested or attacked 

or is involved in any pending suit or litigation.” 

-1936- 
. 4 

Honorable Gene N. Fondren, page 2 (C-409 ) 

H. B. 371 Is a proposed amendment to Article 1015g, 

V.C.S., which authorizes any city or town to acquire 

any toll bridge within a distance of fifteen miles 

of its corporate limits and making provisions relating 

thereto. H. B. 20 proposes to validate certain proceedings by certain cities and towns under, among others, 

Artic'le 1015g, V.C.S. 

The proposed amendments to H. B. 20 and H. B. 371 

clearly Indicate on their face a Legislative intent to 

restrict the applicability of such Bills and to expressly exclude any application of either Bill to any 

party in any pending suit or litigation Including that 

in which the title to real property is In question. 

There are many instances in which such type of limitation 

has been placed. See; for example, Articles 2815g-7 

and 2922a-1, V.C.S. 

It is our opinion that It is within the province of 

the Legislature to restrict the application of its 

enactments In this manner, and that the proposed amendments In question here will preclude H. B. 20 and 

H. B. 371 from affecting pending litigation, including 

that in which the title to real property Is in question. 

SUMMARY ------- 

The proposed amendments to H. B. 20 

and H. B. 371 are effective to the extent 

of making the provisions of such Bill 

inapplicable to any pending litigation 

Including that affecting the title to real 

property. 

Yours very truly, 

WAGGONER CARR 

Attorney 'General of Texas 

AZ2 

PAUL PHY 

Assistant Attorney General 

PP:ss 

-1937- 
, 

Honorable Gene N. Fondren, page 3 (C-409 ) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Pat Bailey 

Milton Richardson 

Ralph Rash 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

-1938-