Aw-t 31, 1953 

Hoa. E. H. Thornton, Jr. 

chairman 

Opinion lo. s-92 

State Blghway Comlllsslon Fi+: 

Texas HIghway Department 

CoustltntIollallty of 

Austin, Texas 

that part of Chapter 

324, Acts 531-d. Leglelature, whioh laeraaeas 

weight of farm trailers 

Dear Mr. Thonrton:' 

exempt from regletration. 

You have asked eubstantially the fo&lowlng question: 

"18 the portion of Senate Bill 291, Act8 

53rd Legislature, whioh~ lncreaae,s- the gross 

weight of farm trailers and farm semi-trailers, 

exempt from registration from 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 exclusively for drllllag water wells 

with respect to regIatratlon and permit requirements for 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 mentioned bill atates In 

part: 

"Sec. 2. and providing further, 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 attempted amendment, 

stated: 

” 

. . . when the gross weight exceeds 4,000 

pounds . . ." 

The amendment before us attempts to change the figure 

4,000 pounds to 12,000 pounds. The attempt to increase this 

velght is not expressed in the caption of the bill nor Is It 

germane to the subject vhlch Is expressed in the caption. 

Section 35, Article III of the Texas Constitution 

provides In part: 

"190 bill .' . . shall contain more 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 specifies the particular field 

an amendment Is to cover or states a purpose to 

make a certain change in the prior law, and that 

Is not merely desorlptive of the matter to which 

the law relates, limits the amendatory act to 

the making of the change designated, and precludes 

any additional, contrary, or different amendment." 

The caption of Senate Bill 291 states the purpose for 

making the change In the prior law but It does' not specify 

that the provision relating to the gross weight of exempt farin 

trailers and farm seal-trailers is to be amended. 

Therefore; It Is our opinion that this portion of the 

amendment'whlch attempts to Increase the gross weight from 

4,000 pounds to 12,000 pounds violates Section 35, Article 

III, Constitution of 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 Increase the gross 

velght of farm trailers and,farm sealtrailers exempt from reglstrktlon from 

4000 pounds to 12000 pound.+ is not embraced In the caption of the Act and 

is therefore Invalid under Section 35 of 

Article III, Constltutlon of Texas. 

APPROVED: Yours very truly, 

Rudy 0. Rice JOBIB BEH SIIEPPERD 

State Affairs Division Attorney General 

Willis E. Gresham 

Reviewer 

W. V. Geppert 

Revlever 

John Ban Shepperd 

Attorney General 

SCR/rt 

By&-@. 6&$# 

Sam C. Ratllff 

Assistant