THEA~ORNEY GENERAL 

OF-TEXAS 

September 10, 1957 

Honorable Joseph F. Leonard, Jr. 

County Attorney 

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 opinion by 

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 issued pursuant to the provisions of said Act abut prior 

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 thereof provides that the Game land Fish Commission 

shall "by proclamation, rule or regulation, from time to time, 

provide the means and the method and the place and the manner 

In which such wild life resources may be lawfully taken". 

Section 2 provides in part: 

"Pursuant to and based upon such studies, said 

Commission shall enter its findings of fact with 

respect thereto, and if, in the opinion of the 

Commlssloti, an open season or period of time may 

be safely provided for any of the wild life resources of said counties, said Commission is authorized and directed from time to time to provide 

an open season or period of time when such wild 

life resoumes may be taken. The proclamation, 
Honorable Joseph F. Leonard, Jr. page 2. (w-255) 

rule, or regulation issued by the Commission 

shall be specific as to the quantlta, species, 

sex, age or size that may be taken. 

Section 7 provides that no proposed rule, regulation 

or order shall be adopted unless a public hearing is first held 

in the county to be affected by same. The section further provides that notice of said hearings shall be given in the manner 

prescribed. 

Section 9 provides that the orders, rules and regulations adopted by said Commission shall become effective fifteen 

days after their adoption except in certain specified instances. 

Section 16 provides that said Act shall be in force 

and effect from and after April 14, 1957. 

In reply to your first question, we call your attention to Section 39 of Article III of the Constitution of Texas, 

which reads as follows: 

"No law passed by the Legislature, except the 

general appropriation act, shall take effect or 

go into force until ninety days after the adjournment of the session at 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; said vote to be taken by yeas 

and nays, and entered upon the journals." 

Since the Bill was passed by the Senate by a viva-vote 

vote, and not by yeas and nays entered upon the Senate Journal 

as prescribed by the foregoing constitutional provision, 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 effective date 

of House Bill'247 would be August 22, 1957. 

With reference to your second question, it has been 

consistently held that a statute "speaks as of the time at 

which it becomes effective". Accordingly, a legislative act 

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; Anderson v. 

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 such Acts comes into being 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 question which 

may arise in oonnection with the interpretation and enforcement 

of said bill. 

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 County which is outside your 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 session at which It was enacted, 

Any orders, rules and regulations 

promulgated and adopted pursuant 

to the provisions of House Bill 
Honorable Joseph F. Leonard, Jr., page 4. (w-255) 

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