Aw-t 31, 1953

Hoa. E. H. Thornton,Jr. chairman Opinion lo. s-92 State Blghway Comlllsslon Fi+: Texas HIghwayDepartment CoustltntIollallty of Austin,Texas that part of Chapter 324, Acts 531-d.

Leglelature,whioh laeraaeas weight of farm trailers DearMr. Thonrton:' exempt from regletration. You have asked eubstantially the fo&lowlngquestion: "18 the portion of Senate Bill 291, Act8 53rd Legislature,

whioh~ lncreaae,s-

the gross weight of farm trailersand farm semi-trailers, exempt from registrationfrom 4,000 pounds to 12,000 pounds constltvltlo~al?n
324, The caption of Senate Bill 291, 8ame being Chapter Aeta 53rd Legislature, Regular Session, 1953, p. 798, states in part:

"An Act to clarify the status of maohlncry used exclusivelyfor drllllagwater wells with respect to regIatratlonand permit requirementsfor transportation over the pub110 highways,by amending Soot&on 2 of Chapter.88, Qeneral Laws of the &let Leglalature,Second Called Seselon, 1929, as amended (codified as Artlcie 6675a-2 In Vernonls Texas Civil Statutes),

. . . The body of the above mentionedbill atates In part: "Sec. 2. and providingfurther, that the exemptlons'l~this section shall not apply to any farm trailer or farm semi-trailer vhen t$gf;oss weight exceed8 tvelve thousand mO0) ; . . ." (Emphaels added.},

Hon. E. Ii.

Thornton, Jr., page 2 (S-92)

The above section,prior to this attemptedamendment, stated:

”

. . . when the gross weight exceeds 4,000 pounds
. . ." The amendmentbefore us attempts to change the figure 4,000 pounds to 12,000 pounds. The attempt to increasethis velght is not expressed in the caption of the bill nor Is It germane to the subjectvhlch Is expressed in the caption.

Section 35, Article III of the Texas Constitution provides In part:

"190 bill .'. . shall containmore than one subje~ct,

which shall be expressed in its title. But if any subject shall be embraoed 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." Volume 39 of Texas Jurisprudence, Statutes,Section 48, reads as follovs:

"A title that specifiesthe particularfield an amendment Is to cover or states a purpose to make a certain change in the prior law, and that Is not merely desorlptiveof the matter to which the law relates, limits the amendatoryact to the making of the change designated,and precludes any additional,contrary,or differentamendment." The caption of Senate Bill 291 states the purpose for making the change In the prior law but It does' not specify that the provisionrelating to the gross weight of exempt farin trailersand farm seal-trailersis to be amended.

Therefore; It Is our opinion that this portion of the amendment'whlch

attempts to Increasethe gross weight from 4,000 pounds to 12,000 pounds violatesSection 35, Article III, Constitutionof Texas, and is invalid. And the provision fixing the weight at 4',000 pounds remains in effect.Hon. E. H. Thornton, Jr., Page 3 (S-92)

SUaudARY
The portion of Chapter'324,Acts 53rd Legislature,

R. S., 1953, p. 798, which attempts to Increasethe gross velght of farm trailersand,farm sealtrailersexempt from reglstrktlonfrom 4000 pounds to 12000 pound.+ is not embraced In the caption of the Act and is therefore Invalidunder Section 35 of Article III, Constltutlon of Texas.
APPROVED: Yours very truly, Rudy 0. Rice JOBIB BEH SIIEPPERD State AffairsDivision AttorneyGeneral Willis E. Gresham Reviewer W. V. Geppert Revlever John Ban Shepperd AttorneyGeneral SCR/rt By&-@. 6&$# Sam C. Ratllff Assistant