;;-. - 

AU.STIN. TEXAB 

PRXCE XDANlJsL 

A--o- klgllst 13, 1947 

Honorable Thomas.D. Broad, 

Secretary-Treasurer, 

State Board or Architectural l&aridness, 

Burt Bulliilng, 

Dallas, Texas Opinion i\lo~. V-339~ ', 

Re: The effect of H. B. 269, 

50th Legislature upon 

Chapter 274, Acts of the 

48th Legislature governing registration ana exsalnation or arohiteots. 

Dear Slr: 

Your request for an opinion upon the abov?, 

subject matter la as follows: 

'we rerer to House Bill No, 269 amending 

and re-enacting Chapter 274, page 406, 

Section 1, Acts or the Forty-eighth Legislature and extending the time for regls- 

'tering under this Act without examination. 

"The original Act provided that the practlpe of Architecture at the tine or,application be a man's principal means of livelihood. It also provided that he be 21 

years or age. House Bill No, 269 does not 

mention these provisions. Are we topresume that these condl.tibns'~are still in efred ar ,ab8s House Bill.fW3. 209 specificallp take the place of thh original measure 

and set aaide those pro*isions which are 

not now mentioned in itr* 

Section 35 of Art&e III of the Constitution asclareer 

*No bill, except general appropriation bills which may embrace the various 

subjects and accounts,‘ for and on account 

of which moneys are appropriated, shall 
Honorable Thqtnas ti. Broad - Page 2 (V-339) 

contain more than one subject, which shall 

be expressed in its title. . o .” 

Under this section it has been mny times 

held that where the title ts a bill is aifirmstively 

misleading or deceptive it does not state the subject 

within the meaning of the Constitution, and such bill, 

if passed by the Legislature is inerreotive. Gulf 

Ins. Co. v. James, 185 s. tv. (?a) 966; Walker v. State, 

116 s. ;;‘. (2a) 1076; city 0r Cross Plains v. Raarord, 

73 9. a. (2a) 1093;‘Sutherland.v. Board of Trustees, 

161 9. Yr. 489 (writ rei,) 

lows: 

The title to House Bill No* 269 is as fol- 

“~.n act to amend and re-enact Chapter 274, page 406, Section 1, Acts of the 

48th~ Legislature, so that an adtlitional 

period is provided in which praaticing 

archttects who were practicing on May 22, 

1931, may register and receive a certiricate without examination; and declaring 

Ann emergency.n 

It ~111 be noted the title specifically 

names ,k’le respect in which Section 1 (the only section 

in the origiml act)‘ls to be amended, that is, “so 

that aG &iitional period in which’ practicing architects 

who were practicing on May 22, 1937, may register ma 

recei~ a certificate without examination.* 

The act has gone beyond this expressed subject of amending Cha@ter 274 in that it has amended that 

chapter in other respects. In order that this nay be 

graphically shown we quote the relevant portions of the 

amended and the amending Sections -1 as fo&lows: 

action 1 OP Chapter 274: .’ 

“That any person of good moral character who, on May 2e, 1937, was practicing 

architecture in the..State of Texas, as his 

or her principal vocation and haa been so 

engage& in the practice of architeoture for 

a period of at least six (6) months prior to 

May 22, 1937, and whc shall present to the 
Honorable Thomas D. Broad - Page 3 (V-339) 

Board of Architectural Examiners of 

this State an arriaavit~to that errect, 

shall be entitled to receivs.from said 

Board, . . 

omittea 1 

."~ (portion underscored is 

Section 1 of House Bill NO. 269: 

"That any person of good~moral 

character, who on May 22, 1937, was 

practicing architecture in Texas, x 

who was a citizen of Texas and was 

practicing architecture in the employ 

~~u~~~~~c~ac~~~~n~~~~~ar~~~~~ 

pract ce of architecture six (6) months 

prior to May 22, 1937, and who shall 

present to the Board of Architectural 

Exeminers or this State an afridavit to 

that erreot shall be entitled to receive from da Board. . . .*(portion 

underscored is added.) 

we have underscored those portlo& of Chapter 274 which have been Omitted in House Bill No. 2.69, 

and likewise those provisions or House Bill 269 that 

have been added. Normally an amendment of a statute ten 

be made by omissibn as weil as by addition. It cannot 

be said that the vortions omitted 'in the Drocess were 

insubstantial. Fi'key are of the substance-of the law. 

They were written with meticulous care. 

We need not decide the question of the erfeot or House Bill No. 269 upon Chapter 274 of the 48th 

Legislature beoause we have reached the conclusion that~ 

House Bill No. 269, as passed, is void and has no errect 

whatever; for which reason, of course, Chapter 274 of 

the 48th Legislature remains unarreotea 8s the law. 

House Bill 269 of the 50th Legislature, amending Chaptar 274 of the 48th 

Legislature with respect to registration 

and examination or archlteots La void 
. 

Honorable Thomas D. :!road - Page 4 (V-339)' 

because of a misleading and deceptive 

title declaring the purpose and extent of the amendment proposed. 

Yours ver:: truly, 

,- 

'ATTORNEYGENERAL OF TEXAS 

0S:wb 

. 

BY 

ATTORNEY GE&?.@ -