Dear slrz 

This le ln rep 

rsquesttng our opllllon 

rEdidit of 11. B. eo5 

tter 0r ;Tun \d 6th, 

itutionFi11t7 and 

by the Legislature 

Crlainal Fro00 

aat under cons 

o? the aode 

5 of the Code o? 

e title to the 

to the article 

is in the iallat its first oalled 

, supra, by assMS, Qeneraland Speoial L ws. 

ared unconstitutional by this 

Ion 1~0. 0-25, renderea~on January 11, 

was held to be defeatire because the 

the purpose of 

all a8 bei% deoeptire. 

The capttoh a? B. 3. 205 does not have such 

tioee. It speclfisa the revision and artiole to be amendeb, 

without lnafoating the particulars of the changes to be 

made by the amendment. This has been aeeepted by our 
oourts with the'rawoni~ that the namlag of tb artiolm 

to be amended dlreots attention to all of the provl8iona 

therein, as the subject of the arending sot, and that 

auoh provisions aan be 

be amended. See ICat2 v. State, 7 

the set to 

130, and 

authorities thered sited. I. In t&e ease before us the 

provlsiona of Artlale 1055, C. C. P., 1925, mere in 

effeot, dlreoted attention to in the title of the act 

as the subjeot of the amending aot. We quote from the 

Katz ease: 

*The oourts of this state have held that 

93 Ter. $239; 55 S. I?. 109; State v. IbeCracken; 

48 Tex. ss4.- (uudersoorin& ours). 

An examination of the prorlsions of Artiole 

1055, C. C. P. supra, and ca?parlaon with Seotlon 1 of 

~heBGe~, reveals substantial and material change in 

. Prior to amendment the article read: 

wArticle 1055. iialf oosts paid offioers, 

"The oounty shall be pliable to each 

officer and witness barin& east8 in a a&sdemeanor once for only one-half thereof where 

the defendant has satisfied the fine and oosts 

adjudged a@nst him in full by labor in the 

workhouse, on the oounty farm,on the publio 

roads or upon any public works of the oounty; 

and to pay euoh haI of such legal coetae 

may hsve.been so taxed, not lnoluding O(E 

missions, the county judge @hall issue his 

wnrrant~upon the County Treasurer in favor of 

the proper party, and the eeme shall be paid 

out of the road and bridge fund or other funds 

not otherwise appropriated.* 
, ,.c 

.B. B. XiS, 

Tollaalng pamage and aeoutive approval of 

aafd axWale now readat 

mArtlcle 1035; The eount7 ahall not 

bs liable to the offloer and witnew havbg OoStu in a misdemeanor 6~16 where .defenasnt pays hle fine aIIP ooets. The 

oounty #hall be lfsble for o-half of the 

fees of the officer8 of the oourt, v&en 

tha defendant falls to pay his fine anU.lqa 

hire fiam out la tb4 ootmty jail or &aehargss the ame by rearm of working suah 

fine out on the county road5 or on any ocunty 

projeat. Ana to pay ruah half of oosts, the 

oountg 010x-k shall issue his mrrant on the 

County Treasurer in favor of euoh offioer 

to be paid out oT the Rodd and Bridge ?und 

or other ?unds not otheniae l ppmp3lated.* 

While substantialacbmges are noted in the tami~- 

ology ana provl5ions of H. B, 1#)5, it ia our opinion the 

l ubject~treat6.d ie the so, i.e., half aoets paid offiatp under oertain ooondltioaa. Therefoxw, we hold the 

option or title 16: sufficimt to meet the oonatltutloml 

raqldremnnts. 

The emergenap clauee of Ii. B. eO5 18 emoneous 

ln etatlng that 6. & 727 of the Forty-fifth Sagislature, 

which we declared unconstitutional, aontained *the mast 

prov%sions of this &t" and "this Eill.....is acre17 a 

correction of House Bill No. VE7,* 

He do not reason the error6 la the emergemy 

olause to vitktt the bill. tre qnote froic the c&se oi 

~i85OUri-fhnSW-??eXa8 3% th v. Thasason (CiV, 4p*, 

ait ~~eQ):280 Se Wm 325: 

Qaergena~'olauses dn bills, however, are 

not aflded for the purpone of clarifying or 

deolarlng the intention of the Leglalature, 

aorta explain the express Iaaguage of the 

aat; but oril7 for the purpose of setting 
,. .‘ 

iorth the rm~ao~11 forth. l ~~ps~ton at 

the oonatltutional rule requiring the 

bill to be read on three eeparate dav, 

qnd for puttlag into 5mmediata 0trbCt 

auoh aat whatever be ;ts mope qnd tsnns.w 

See also 89 Tax. hr. 827; LloyUs Casualt 

Co.~r. Lwi(Civ. App. writ Qismlss~d)~ 62 6. PO. (24 v 

497. 

An examlnatlon of the body of B. B. 205, 

while revealing a 8Ub8taIhial dep,artum from the pror$sions of Artb 1055, C. C. P., 1925 and H. 8. 787, 

45th I&g. Reg. seaa., doe8 not d1801OSS any violence 

to our fun4wm1tsl km, nor any excess of legialatire 

prerogative. 

we therefore respeatlully advice pou that 

it l8 our opinion that H. 3. 805, a8 enacted, It3 valid 

ti eonetltutional. 

YOtLPE V8r5' tnilr 

APPROVEDJUN 17, 1939