Xonorable Clam3 Isbell secretory

of state Ca;)itol Austin,Texas Dear Elr.

Isbell: Op-ini.on No. O-7050 Re: Date for election upon constitutional amendment

submitted

in Rouse Joint Resolution

No. 10, 49th Legislature. We beg to ackncvledge receiptof your requestfor an opinion upon the above subject

matter as follows: "At the last regularsessionof the Legislature, therewas submitted

House Joint Resolution Number Ten, a copy of which I am enclosing

for your consideration. you will observethat Section two of this amendment

provides: 'The foregoing Constitutional

Amendment shall be submitted to a vote of the qualified voters of this State at an election

to be held thrcpghout the State in November,1946, at which all ballots

have printedthereon:'.
"I would be pleased if you would answer the following: "a . In view of the indefinite date in Novemberas set out in the above quotation, should we submit this amendment to be voted upon at the generalelection to be held on November5? "b. Could t6is amendment be submitted

to the voters at an election to be held later thanNovember5? “C

. Should the amendment in its presentform as writtenbe submitted

at any electionin November? "In view of the fact that these amendments must be published

ninety days before the election and that time is drawingshort, I would be pleased if you would give this your immediate attention." S&tion 1 of Article XVII of the Constitution, providing

the methcd of amending

the Constitution,

requiresthe proposed amendment

to be "duly published

once a week for four weeks, commencing at least threemonths before an election, the time of which shall be specified by the Legislature, in one weekly newspaper of each county, in which such a newspaper may be published."Honorable Claud Isbell - Page #2 (O-7050)

Section 2 of House Joint Resolution No. 10 provides: "The foregoing

constitutional

amendment

shall be submitted to a vote of the qualified

voters of this State at an election to be held q throughout

the State in November,lgj~:, at which all ballots shall have printedthereon:"'@8KCe~tera
. Your question

presents

a matter of statutory construction

to determine whether or not Section 2 ti:>ove quoted is a sufficient compliance

with Section 

### i of ArticleXVII, requiring that the time of such election "shall be specified

by the Legislature". The purposeof every interpretation of a statute is to ascertain the intention of the Legislature. This intention, of course,

must be ascertained from the Act itself. The intention of the Legislature, as thus discovered fran the Act, is the law. Applyingthis universal test,we think it was plainly the intention of the Legislature

that the resolution shouldbe submitted at the regularelection held throughout

the State on November 5th. Specifically, the resolution declaresthat the amendment shall be submitted to the qualified

voters of , the State "at an election to be held throughout the State in November, 1946." The generalstatutory election

of November 5, 1946,meets literally this requirement,

and in truth is the only election under cne circumstances the Legislature

couldhave had in mind. The publication,i;hrrefore, should specify that date. The only possible

nuggestlon

of doubt as to the foregoing ooncluslon

could be that sinceHouse Joint Resolution No. 62 passedby the 49th Legislature, submitting

an amendment

to Article III of the Constitution by addingSection 49-b providesfor submission at an election

to be held throughout the State of Texas on the first Thursday in November,1946, there is no specified time for voting upon the amendment. The answer to this suggestion is that RJR No, 62 had not been adoptedat the time HJR No. 10 was finally passed. Moreover,

anotherfamLl,nr rule of statutory construction

forbidsany other conclusion

than that above. Where a statute is fairly capable of two constructions,

one of which would render it void, and the otherwould make it valid, the lattermust be adopted,for the Legislature obviously

intended that the Act shouldbe valid. The above rule of construction is not limitedto statutes proper,

but is applicable

alike to constitutions, legislative

resolutions,

and all other written instruments. APPROVEDJLSX 13, 1946 s/CARILXS

ASHLEX FIRST ASSISTANT ATPORNRYGENRRALOF TEXAS APPROVEDOPINIONCOMMITTEE BY B. W. B. CHAIRMAN cc3 -r$/ ldw Very trulyyours' ATCORNEXGZNERALOFTFXAS a/ Ocie Speer By Ocie Speer Assistant