TEIEATTORNEY GENERAL 

OFTEXAS 

Hon. Travis D. Shelton Opinion No. S-29 

District Attorney 

Lubbock, Texas Re: Constitutionality of 

Chapter 354, Acts of 

the 52~ Legislature, 

Dear Sir: 1951. 

You have requested our opinion as to the constitutionality of Chapter 354, Acts of the 52nd Legislature, 1951, being House Bill No. 744, and known as Article 

1.436c, Vernon's Penal Code. 

The caption of such Act reads as follows: 

"An Act making it unlawful to steal any 

internal combustion engine, electric motor, 

water well pump or battery used for lrrigatlon or livestock watering purposes or any 

accessorial part of anp such engine, motor, 

pump or battery; making such offense a felony or a misdemeanor; prescribing puM..bent 

therefor; and declaring an emergency. 

There is no further designation in the body of 

the Act as felony or misdemeanor. 

Section 35 of Article III of the Constitution 

of Texas provides in part as follows: 

"Nb bill . . . shall contain more than 

one subject, which shall be expressed in its 

title. . .' 

In passing on the constltutlonalltg of a similar caption to Article 1442a, V.P.C., the Court of 

Criminal Appeals has held: 

II . . . Chapter 15, Acts of First Called 

Session of Thirty-ninth Legislature, contains 

the law, If any there be, making the theft of 

chIckeni a felony. The caption of the Act contained In said Chapter is as follows: 
Hon. Travis D. Shelton, page 2 (S-29) 

"'An Act making it unlawful for the 

fraudulent taking of any chicken or turkey, 

making such offense a felony or a mlsdemeanor, prescribing punishment therefor; 

and declaring an emergency.' 

"It is thus declared that the offense 

which is to be created by, and found in, 

the body of the act, Is 'a felony or a misdemeanor.' Nothing later on or further 

sheds light on the inquiry above raised. 

Manifestly the act denounced cannot be both 

a felony and a misdemeanor. If this be 

true, the caption of the bill in question 

is not In compliance with the commands of 

Section 35, Art. 3, of our Constitution. 

As said in 

~dn'35, Art. 3, 

one object of Secif'o& Constitution Is 

to prevent the combination of incongruous 

enactments in a statute. The attempted 

making of a single act, viz, the taking of 

a ohicken or a turkey, a felony or a misdemeanor, would be the combining of incongruous enactments. So this title is in 

direct violation of the Constitution." 

Redding v. State, 109 Tex. Crlm. 551, 552, 

$.WZ’d 3b0, 361 (1928). 

The Redding case is controlling and has not 

been overruled. Therefore,'it is the opinion of this 

office that Chapter 354, Aots of,the 52nd Legislature, 

1951, known as Article 1.436~ V.P.C., contains two incongruous subjects in contravention of Section 35 of 

Article III of the Constitution of Texas, and is unconstitutional. 

SUMMARY 

Chapter 354, Acts of the 52nd Leglslature, 19.51, known as Article 14360 V.P.C., 

contains two incongruous subjects In contravention of Section 35 of Article III of the 
Hon. Travis D. Shelton, page 3 (S-29) 

Constitution of Texas, and is therefore 

unconstitutional. 

APPROVED: 

Rudy Rice 

State Affairs Dlvlsion 

Willis E. Gresham 

Reviewer 

Yours very truly, 

JOHN BEN SHEPPERD 

Attorney General 

C. K. Richards 

Reviewer 

Robert S. Trottl 

First Assistant 

John Ben Shepperd 

Attorney General 

JA/rt