December 31, 1953

Wm. B. B. Sapp Dlwctor and Executive SecretarT Teacher Retirement System of Texan AuetLo, Texas Opialon NO. s-119

Re: %mployineut

of retired members of the Teacher Retirement System in Dew Mrs. Saw: the pnbllc schools.

You have requested an oplnlon on the conetltutionality of Chapter 423, Acte of the 53rd Laglalature,1953, vhlch amends Subeectlon 1 of Section 5 of Article 2922-1, Vernon’s Civil Statutes (TeacherRetirement Act) laeofrra.8 it eliminates from this subsection the followingprovision:

II

. . .Anymember who has accepted retirement benef-its

under--the

,-terms of the TeacherRe- ~tlremeatSystem of Texas may be employed la the Public Schools of **Texas;** providedhowevap, that duringeald timea rtt&red.aemberIs 80 employed, retiremeatbenefit. paywent tihat **vould** otheFaise~ have -beenpaid to said **retired** member ahal.be suependedand shall be rueumed again when said retiredm&bar l-eaves nald employment;provided fur- ~thur, that during the t&ma said retired ,memberIs ~.so~arployed

that no retlrsment~deductlonsshallbe made f-m hie salary, and that retirementbenefIts to be paid to eald ret%& member after employment isdiecontinuedand ret~kementbenefits are resumed ehallbe paid In the same amount as were paid to said retiredmember on the original retirement; provided further, that during the time that said retiredmember is 80 employedboth themembership annuity paymentsand the prior serv.ice annuity paymentsto which said retiredmember wouldhave bean entitledhad he **not 80**  **returned to**  **emplomt**
**,** shallbe transferred to the StateMemberahlp **ACCU** mulation Fund of Teacher Retirement Systemof Texas.”. -. .

Mrs. B. B. Sapp, page 2 (S-119)

The title of Chapter 423, ashere applicable, reads:

“An act amending Subsections 1

. . . of Section 5 of

. . .Article 2922-l of Vernon’sRevised Civil Statutes of Texas, 1925, to provide for compulsory retirement of members of the TeacherRetirement System upon reaching a certainage under certa~ln

conditions;

. . .”

section 35 of Article III of the Constitution of Texas requires that the subject **of** a laglslatlvebill be,expressed in ita title. As often stated, the purpose of this requirement is to give notice to the members of the Leglslature and the people of the scope of the subjectmatter of the proposed law. “Thetitle must be such as to reasonably apprise the public of the intereststhat are ormay be affected by the statute .n 966 (1945). Gulf Ins. Co. v. James, 143 Tex. 424, 185 S.Y.2d

The general rules for determining the sufficiency of the title of an amendatoryact are summarieed in the following quotation from 39 Texas Jurisprudence,Statutes, 8 48:

“In addition to the statement of a purpose to amend a given law or provision, a titlemay specify the nature of the amendment, and when it does so the body of the act must,conform. A title that speclfles the partlcular field an amendment 1s to
cover or states 8 purpose to make a certain change in the prior law, and that 1s notmerely descrlptlvo of the matters to which the lav relates, llmlts the amendatoryact to themaking of the change designated and precludes any additlonal, contrary or differentmadmeat. Thus a title that expressesa purpose to changea prior law by aadlng or extendinga provision or conferring a right does,not warrant-anamendment that omits or restricts a provision,ofthe original act or destroys~apreviously existing right.

. . . “A title expressing a purpose to amend a statute in a certainparticular is deceptiveand mlsleading in so far as the body~of the act purports to amend the prior law in other particulars. The amendatory act is void to the extent that its provisions go beload express limitationsor the scope of the title..*,

. i

Mrs. B. B. Sagp, page 3 (S-119)

The title of an amendatory act which specify the particular field of amendmentmust undertakes to give notice of in the statute

_- changes resulting from omissions and deletions being amended. Hard Cattle & Pasture Co. v. Carpenter, 109 Tex. 103, 200 3.m (1918);Lone Star Gas Co. v. Birdwell, 74 S.W.2d 294 (Tax.Civ. App. 1934).

Subsection 1 of Section 5 of Article 2922-1, as it existed prior to the enactment of Chapter 423, dealt not only with compulsory retirementafter a member reached 70 years of age, but also with voluntar y retirement prior to that age and with re-entry into active service after a member had accepted retirement benefits. This subsection as emended in tiapter 423 reads exactly as the prior law, except that the provisions relating to re-employment after retirement are omitted. It is seen that the caption of Chapter 423 is not merely descrlptive of the matters to which the law relates, as even in its amended form Subsection 1 relates to a broader field than compulsory retirement. It states a purpose to make certain changes in the prior statute. The caption of the bill lndlcated that ths change in Subsection 1 dealt only with compulsory retirement. It failed to give notice that the amendment changed the existing law affecting the re-employment of members who had accepted retirementbenefits. Accordingly, the attempted deletion of this portion of Subsection 1 was void, and it continues in force as it existed prior to the enactment of Chapter 423.

SUMMARY

The attempted deletion of the portion of Subsection 1 of Section 5, Article 2922-1,V.C.S. (TeacherRetirement Act) regulating employment of members of the TeacherRetirement System after retirement is not expressed in the title of the smendatory act (Chapter 423, Acts 53rd Leg., 1953)-0..

Mrs. B. B. Sapp,page 4 (S-119)

and ie void. Tax. Coast. Art. III, Sec. 35. Consequently,these provisions as enacted in 1951 are still in effect.

APPROVED: Yours very truly,

John Atchison Revlewr JORN BEN SREPPERD AttorneyGeneral

Eugene Brady Reviewer

Robert 3. Trottl First Assistant By-rMary K. Wall Assistant

John Ben Shepperd AttorneyGeneral