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 receipt of your request for an opinion upon the 

above subject matter as follows: 

"At the last regular session of the Legislature, there was 

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

enclosing for your consideration. you will observe that 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 printed thereon:'. 

"I would be pleased if you would answer the following: 

"a . In view of the indefinite date in November as set out in 

the above quotation, should we submit this amendment to be voted 

upon at the general election to be held on November 5? 

"b. Could t6is amendment be submitted to the voters at an election 

to be held later than November 5? 

“C . Should the amendment in its present form as written be 

submitted at any election in November? 

"In view of the fact that these amendments must be published ninety 

days before the election and that time is drawing short, 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, requires the proposed amendment to be "duly 

published once a week for four weeks, commencing at least three months 

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 printed thereon:" '@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 Article XVII, requiring that the time of such election "shall 

be specified by the Legislature". 

The purpose of 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. 

Applying this universal test, we think it was plainly the intention of the 

Legislature that the resolution should be submitted at the regular election 

held throughout the State on November 5th. Specifically, the resolution 

declares that 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 general statutory election of November 5, 1946, meets literally this 

requirement, and in truth is the only election under cne circumstances the 

Legislature could have 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 since House Joint Resolution No. 62 passed by the 49th Legislature, 

submitting an amendment to Article III of the Constitution by adding Section 

49-b provides for 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 adopted at the time HJR No. 10 was finally passed. 

Moreover, another famLl,nr rule of statutory construction forbids any other 

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

constructions, one of which would render it void, and the other would make 

it valid, the latter must be adopted, for the Legislature obviously intended 

that the Act should be valid. 

The above rule of construction is not limited to statutes proper, but is 

applicable alike to constitutions, legislative resolutions, and all other 

written instruments. 

APPROVED JLSX 13, 1946 

s/CARILXS ASHLEX 

FIRST ASSISTANT 

ATPORNRY GENRRALOF TEXAS 

APPROVED OPINION COMMITTEE 

BY B. W. B. CHAIRMAN 

cc3 -r$/ ldw 

Very truly yours' 

ATCORNEX GZNERALOFTFXAS 

a/ Ocie Speer 

By Ocie Speer 

Assistant