OFFICE OF THE A’ITORNEY GENERAL OF TEXAS 

AUSTIN 

ative date of Bouae 

Aat of S&h Leg48th 343gblatur8. 

of the 3enste 

a/ Bob Darker 

secretary 0Y cm3 3eaat.o 

a/ F'rlce Drnlel 

Speaker of the iiouae of Eiepre8eatative8 
,. 

85’ 

$&ah 24, 1943, by the folloving Votes Yeas 102, 

Nwa 5. 

/a/ Clsrenae Jane* 

i&et Clerk of the house of’ Repressntatives 

PILRDnIT3RoFFIcPoF 

SIX SxoRETAxY OF STATX 

THIS 2nd lax OF A it 1943 

a/ Coke R. Stevenson 

A~',~WS&=~~&kRU'=S 

P 

$earetsry of State 

Oovernor n 

The bill containa an eamrgenay clause. 

Seotlan 39 of Article Ilx of the Constituttiuu of 

Ga8, reads as r0lm8 a 

"X6 .tiv passed by the Iagialature, exoept 

the genwal appropriation aat, shsll tske effeot 

or go into forae until nS.natg dsr8 sSter the adjournment of the semdon at vhisia It vas enssted, 

unless ln aase OS an emergemay, vhlah emergenay 

mustbeM~eased.S.naprssabl.e or in the body OS 

the rot, the &@laturo shall, by vote OS tvathuds OS a ll the memb er s a b a ted to l a a h B~use, 

othervise direct; M id tote to be takea by Teas 

and nays, and entered upan the journsls.” 

Zn sm apln$om of tbls departmsnt dated Idaroh 26, 1922, 

by ths Honorable Wallace lifmklna, Assistant Attorney ffeneral, 

vhlah opinion vs8 approved by the Romorablo U. A. Keelfae, Attorney Genersl, it Yam held tbst Were 8 bill aarrylne sn ewprey alwse and dlreatiq that it beaame 4ffeatlve an a date 

aertain, passes the House and &n&e under suspsnslon OS the 

rule requiring bills to be resd on three seversl dsys, or ps88es 

both houses vith three several days’. aon8idWsticui, and the 

flnsl psssage in either ‘instsnao is by recorded tvo-thirds v6tc. 

the bill becanes effective as direotsd by the Legislature, but 

ii in final ptmsage the House or 3enat.s concurs in an sSnaidrPsnt 

it must be by tvo-thirds vote tskan by yeas and nsys and a& 

vote entered OS reoord in tha journals, before such bill cS0 

become eftectlvs as an emergenay measure. 
. 

8% 

Ih&artment 0S Agriculture, psge 3 

In the opinion above referred to it vas saldr 

90 hold that & tvo-thirds reaorded vote is 

unneoesaar~ in oorrourring on suoh amendment Ye 

mustaonolude thatin saane prior stage air the prooeduro of a bill It vas ilnally psssedd, %vo lines 

OS author&t188 exist ou the defhltlon oi rlnsl 

P-We* UUls the vomiing ,oi our statute is auffib&e& to support the sozaaluslon above, yet lf 

it be neaessar~ to adhere to or resirrt one ol the 

two lines OS &nthoritles asntLone6 ve vould smbmerths holbtngtbstvotlnguponsuah snsmsndment as ve have bef0re.us Is voting u+n the final 

pesoage or the bill.' 

Jlnoe the renditlan of this dspsrtaent~s opinion ti, 

1922 the tvo bigbest oourta of Texas hsve followed tr?e sazue 

rule 8s eunaunoad fn that~ opinhxh 

In EX psrte Mcry, 40 9. W. (2d) 811, the Court of 

CrlaUnal Appeala. of Texas In 1931, Ln passing Npon 8 8i1ULer~ 

question to the one vith vhlah ve'are hare aonoerned, said: ,~ 

. It seems enough to ray thst a reasanbbls &id*l~g,giaal lnterprstatlon or the .aamtrollln$ 

provision of the Constitution of this state aaufore upon t&e Legislature both the power, by a 

reaorti vote vlth majority or tvo-thirds or the 

members of each house, to ahauge the tine within 

vhlah an aat of the Legislature llvry ordlnsrll7 

beaoasp: effective, and requires that they exsrCLSO sudh autharlty and povsr at the time vhen 

they beaome avsre of the ternq ot the law as flnally agreed upon. Previous gctlon up- a 5111 % 

its ieltiaf stages, before purterial md rsdlcsl 

absnges have been nods, vould not aontrol." 

In Caplea v. Cole, 102 3. W. (2d) 173, the Supreme 

Court of Texas in 1937, ln an opinion vrltten by Jurtiae 

3bsrp, with reference to a sIpilsr question vlth vbiah ve 

are here amaerned, saldr 

*This precise question has never been before this oourt for decision. A conflict has 

arisen by reasoa af EM opinion rendered by the 

court or Civil .+peals 3t Zort Worth, in the case 
. . . 

DtqNrtMnt of &rlculture‘~‘~ge 4 

of uilson I* rouns Oounty aardvlr0 a Furniture 

262 

F3. IL 873, and M OpipiOP rendered by 

t~‘Couz%~tC~imfnalA~ala iatha case of XX 

l&y, ll8 Tui~Cr. R. 165, 40 3. W. (26) 

11. IA tha Wilaoa Case the Court oi Clvllhppealahald,I.noiieot, thattha9aaaa2a of abill 

rsuulred to be takan by ayes ad nays is tha 

rot. by *hLoh Woh houu 8da9ta it:aiter final 

,rWdln& and not~th8t vote by vhloh tha house la 

vhfoh it arfgirvkd may subarqcently oonaur in 

mmta aadai~br the other house. !thla ease 

did not rbmch th0 Suprenu, Court, 80 far as our 

records ahav, aad the ho&king thmeln hna never 

been approved 0 diaagprovsd’by thla aomt. In 

the &lay Case tha Court ot Crimlzial Appoala held, 

in aubatana8, that a auhatitute bill, dlffarent 

froa tha orl&nal bill, and not passed by a record 

vote d1011ing ,OQOQW~~~CO 0r .tv0-thud8 or th0 

bgialatuve, ,vaa lnefr0ctiv0 88 in amergonoy 

maaauro; and that the pouer to make an emarganay 

~aaure muat,k axemired vhan the k@.alaturo 

begoars ar8ro.d the torma ocntalned in tha bill 

8a SInally agreed i~pon and passed. !Ihe Court of 

,Clvil&w8la follovad the rula a~ouaoad bp tha 

Court of OrimLnal Appsala in the May Case, and 

.hald that the vote upon tha asendamnta, and not 

tha vote t&pm the original bill, vould oontrol. 

. . . 

8 . . . . 

9nMklerrorr, ve agree vith th0 

the CourtcfCx’lminalA9peale in the 

hold that this bill bsoama effeotiva 

how OS 

xay ma., and 

Umadlatoly 

ast0r ftr paaa~ge. It is olear ‘that the objeot 

of the provision cf the Constitution above quoted 

i8 ribat if tt bill i8 t0 th 0sr88t b5dm0iy 

on its passage, it nuat contain an emergbnop 

clause, aab awh bill must be passed by a vote 

or two-thirds ol all the numbers olaotad to eaoh 

house, and auuh Vote to be taken by yeas and nays 

und entered u9M the journals. We think the rule 

prcacribed bg the Constitution also a99ll.e~ to 

amendments and reporta of conference oommlttws. 

If tfiia were not true, It is quite obvioua how 

tha rule could be abused. A hax%uleaa bill night 

be parsec ia it8 inception bp the requlalte vote, 
86C 

Depactmento?Agriuultur8,pa~ 5 

the 

3enate.Bill 3.34, Acts of~the 48th Legislature, passed 

Senate by a votp of 27 yeas and-0 nays. Thereafter it vaa _ _ 

sent to the Hou88 vher8 It vaa aa8ncieci and paaeU a8 aaena8Q 

by a vote of 102 yeas and 5 nay% The bill was then rsturn8d 

to the Senate vbere the liouse amendnenta were ooncurred in by 

(L VlV8.VoO8 Vote, as reflected on page ,574 of the Senate Journal. 

andthenbe radfcallyamendedf3ndsucharaendmento ba put into lmmdl~te offoot without tha 

vote r-tired by the Conatitutlon~ If auoh Were 

the rule, tha vok on the originalbillwouldoontrol as to vhethm it beam8 a lav lmmdlat8lp 

artec its final passage, and not th8 f+rral vote 

aubaequsntly taken on th8 mmndmenta 9;laoed thereon by the other branch of the Leglrlature, and the 

plain provision of the Courtitutlon fMUidn8 

that it be adopted by l vote of two-thirds of all 

tha mombare ai oath botuo, in order to deolaro 

an omergonay, oould be wradodrm 

It la therefore the opinion of this department that 

Senate Bill Ho. 134, &to of the 48th Legialaturro, la not offeotive as an 8m8rgenoy mamu- as the Sonat. Journal fails tO 

reflect that such maawe reuelved the required tvo-thirds 

vote of the San8te and fails to refleot that the fInal Vote 

oar taken by ayes end naya as requlmd by Section 39 of ASi-~ 

018 III of the constitution of Texas. 

&'Isglalatwe adjouriml on Hay 11, l943, &rb t& 

bill b8okaea 8ffeative ninety full days after auoh date. ~: 

With refezenae to &use Bill IIo. 52, Aota of the 

48th Legialat~8, ve have maa.ned the dOcum8nt as filed ie 

the offlc8 or the Secretary of State and rind the f~l.l~Vln& 

oertificatsa and notations endorsed on same: 

/ John Lee Smith /a/ Price Daniel 

eeldent of the senate Speaker OS the Eouae 

*I hereby certirp that 3. 8. No. 522 vaa passed by th8 House on April 8, 1943, by tha fo1lovl.q 

votec Yeas 112, Nay8 6. 

/a/ Clarence Jmea 

Chiei Clerk of the House 
'X hereby beatify that li. B. lo. 52 vaa passed by the Swat@ on April 21, W3, by the iollovfng vote: Yes8 26, ilay 0. 

s/ Bob Barker 

Seoratary of the S8te 

'JlPiJRov3Dr 

Data 

Governor PILED IH 5 OFFICE OF 

TM( SE’ORETARY ‘3F STATE 

!FBIS 3rd MY OF XUY 1943 

PE ll O’CLGCX Am 30 ~I 

l6ImPRa~ 

Thhe House Journal rsfZeote On &a 1580-1681 that the 

bill vaa jMaaod by that body by a Vote of 102 ayes u agUru& 7 

nays on .;prll 8, 1943. It vaa passed b 

of 26 yeas vith no naye on April 21, $ 

the 3anato bj- a vote, 

883 of the 3enate Journal. 

19 3, as refleotaa on page 

It :a observed that the bill vaa illed in the ofiioe 

of the Searotary of State on May 3, 1943, without the algnat* 

of the Oovvrmr. 

1943. 

The bill was therefore effective on X&y 3, 

Uhet vaa said ln this de~artment*a opkmn Xo. O-f&7, 

which opinion vam addressed to the Somrable Sidney I&thmn, @eo- ~

rotary Of &kt@, uaciar date of June 1, 1943, i8 likeViSe ap&- 

oable in thla instlnce. In that opinion it vaa aaldr 

“Thho reasoa r”or this anmmr la that the tventy days alloved to the Governor Und8r the olraumetanoes stated by you vltnin which to file the 

Bill Vlth his objections or approval are dnya of 

grace or prlvllsge of time ulthln vhlch he may 

exerolae his discretion of executive approval or 

disapproval. When, however, even though sizort 2f 

that period. he has exercisea his prerogative, te 

has fully f*mctioned, the matter is out of hi8 COAXtrol, and the Biil bacosles el’f’native according tO 
862 

it.8 torrrm 88 though he had amleatml to oxsrofm 

the prl~lle~e of the full tventJ day8 alloved him.' 

‘Phi8 department’s opinion MO. O-1064 in hereby axpronely ov~r~u.led, lasoior 88 it may oonfllet 01th the hold2.qi1 expretrred in thlr opinion. , 

- 

> 

very truly your8 

E%Z:db