### THEA~ORNEY GENERAL OF-TEXAS

September 10, 

### 1957

Honorable Joseph F. Leonard, Jr. CountyAttorney Kerr County Kerrville,Texas Opinion No. WW-255

Bear Mr. Leonard: Re: Effective date of House Bill No. 247, Acts 55th Legislature,Regular Sessiih, Chapter 50,page 102, and related question. Your letter of August 23rd, requests an opinionby this office on the following two questions:

1. What Is the effective date of House Bill 247, Acts 55th Legislature,Regular,Session, Chapter 50,page 102? 2. Are orders and proclamations issuedpursuant to the provisions of saidActabutprior to the effedtive date thereof valid? House Bill 247 declares a closed season on certain wild life resources in the counties of Llano, Medina, Sutton, Edwards, Crockett, Gillespie,Kerr, Bandara and Mason Counties. Section 1 thereofprovides that the GamelandFish Commission shall "byproclamation,rule or regulation, from time to time, provide themeans and the method and the place and the manner In which suchwild life resourcesmay be lawfully taken".

Section 2 provides in part: "Pursuantto and based upon such studies, said Commission shall enter its findings of factwith respect thereto, and if, in the opinion of the Commlssloti,

an open season or period of time may be safelyprovided for any of the wild life resourcesof said counties, said Commission is authorized and directed from time to time to provide an open season or period of time when suchwild life resoumes may be taken. The proclamation,Honorable Joseph F. Leonard, Jr. page 2. 

### (w-255)

rule, or regulation issuedby the Commission shallbe specificas to the quantlta, species, sex, age or size thatmay be taken. Section 

### 7 provides that no proposed rule, regulation or order shallbe adopted unless a public hearing is first held in the county to be affected by same. The section furtherprovides that notice of saidhearings shallbe given in the manner prescribed.

Section 9 provides that the orders, rules and regulations adopted by said Commission shallbecome effective fifteen days after their adoption except in certain specified instances.

Section 

### 16provides that saidAct shallbe in force and effect from and after April 14, 1957.

In reply to your first question,we callyour attention to Section 39 of Article III of the Constitutionof Texas, which reads as follows:

"No lawpassed by the Legislature,except the general appropriationact, shall take effect or go into forceuntil ninety days after the adjournment of the sessionat 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 twothirds of all the members elected to each House, otherwise direct; saidvote to be taken by yeas and nays, and enteredupon the journals." Since the Bill was passed by the Senateby a viva-vote vote, and not by yeas and nays enteredupon the Senate Journal as prescribed by the foregoing constitutionalprovision, said Bill could not become effective, Section 

### 16 of the Bill notwithstanding,until ninety days after adjournment of the Regular Session of the 55th Legislature. Hence the effectivedate of House Bill'247would be August 22, 1957.

With reference to your second question, it has been consistentlyheld that a statute "speaksas of the time at which it becomes effective". Accordingly,a legislativeact is operative as notice, and ordinarily it is operative in all other respects, as soon as it becomes a law. 39 Tex. Jur. 

### 51;--. .

_ ..-.

Honorable Joseph F. Leonard, Jr. page 3. (WW-255)

Moorman 109 Tex. 173, 202 S.W. 727; Andersonv. Perrlx, 138 T 596, 161 s.w,2d 4551 Rudco oil & 0as Co. v. Lemosters, 14%LW,2d 806, (Clv.AI$.1940).

In view of the foregoing, it Is our opinion that any orders, rules or regulation8 promulgated and adopted, pursuant to the provisions of House RI11 No. 247,prior to the effective date of the Act, are null and void. The authorization to perform suchActs comes intobeing on August 22, 1957, and not before. The scope of this opinion is neoessarily confined to answering the two questions submitted,and does not, by implication or otherwise,purport to cover any other questionwhich may arise in oonnectionwith the interpretationand enforcement of saidbill.

We have not considered Senate Bill No. 351, Acts 55th Legislature,Regular Session, Chapter 152,page 333, mentioned in your request, for the reason that this Act applies only to Bexar Countywhich is outsideyour jurisdiction.

SUMMAFlY

The effective date of House Bill 247, Aots 55th Legislature,Regular Session, Chapter 50,page 102, is August 22, 1957, said date being 90 days after the adjournment of the sessionat which It was enacted, Any orders, rules and regulations promulgated and adopted pursuant to the provisions of House BillHonorable Joseph F. Leonard, Jr., page 4. 

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247, but prior to the effective date of same, are null and void.

Very truly yours, WILL WILSON Attorney General of Texas

LP:jl:zt BY Leonard Passmore

APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Jim Rogers Arthur Sandlin Larry Jones Wayland C. Rivers, Jr. REXIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum