E GENERAL 

Hon. Walter L. Knapp, Chairman 

Judicial Districts Committee 

House of Representatives 

Austin, Texas 

Opinion No. c-425 

Re: Constitutionality of proposed 

committee substitute to Senate 

Dear Representative Knapp: Bill 278. 

You have requested our opinion on the constitutionality 

of the proposed committee substitute to Senate Bill 278 of the 

59th Legislature, which amends House Bill 262, Acts of the 58th 

Legislature, Regular Session, 1963. 

The committee substitute for Senate Bill 278, enclosed 

with your request designates a court to be known as Bexar County 

Court at Law No. 4, prescribes its organization and jurisdiction, 

conforms the jurisdiction of other county courts at law as well 

as the county court, and makes other provisions relating to the 

organization of the various county courts at law provided for in 

the Act. Thus, this Bill constitutes an exercise of power granted to the Legislature by the provisions of Sections 1 and 22 of 

Article V of-the Constitution-of Texas. 

Tex. 372, 224 S.W.Zd 706 (1949). 

Rector v. McClelland, 148 

Section 8, as amended, reads as follows: 

"As this Act does not create a new court, 

but merely changes the name of the 'County Civil 

Court at Law of Bexar County, Texas,' to the 

'Bexar County Court at Law No. 4, of Bexar County, 

Texas,' that from and after the effective date of 

this Act, the Judge elected at the General Election in November of 1964, as the Judge of the County 

Civil Court at Law of Bexar County, Texas, will be 

the Judge of the Bexar County Court at Law No. 4, 

of Bexar County, Texas, for the term for which so 

elected in said General Election of 1964; and at 

the General Election to be held in November of 

1968, a Judge shall be elected as provided in Section 7 hereof." 

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Hon. Walter L. Knapp, Page two (C-425) 

House Bill 262 of the 58th Legislature, codified in Vernon's 

as Article 1970-301f, Vernon's Civil Statutes, which Senate Bill 

278 amends, is an Act which created the County Civil Court at Law 

of Bexar County. The committee substitute merely reorganizes and 

changes the name of the County Civil Court at Law of Bexar County 

and prescribes its jurisdiction and conforms the jurisdiction of 

the County Court of Bexar County, as well as other County Courts 

at Law of Bexar County. Thus, Section 8 is merely a part of this 

reorganization and a lawful exercise of legislative power conferred by the provisions of Sections 1 and 22 of Article V of the 

Constitut3on of Texas. You are therefore advised that committee 

substitute to Senate Bill 278 is constitutional. 

SUMNARY 

Committee substitute to Senate Bill 278 of the 

59th Legislature, amending House Bill 262, Acts 

of the 58th Legislature, Regular Session, 1963, 

Chapter 114 (compiled in Vernon's as Article 

1970-301f, Vernon's Civil Statutes), providing 

for the organization of the County Court of 

Bexar County as well as County Courts at Law 

of Bexar County, is constitutional, since such 

power is conferred on the Legislature by the provisions of Sections 1 and 22 of Article V of the 

Constitution of Texas. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

J. C. Davis 

Pat Bailey 

Paul Phy 

Ii. Grady Chandler 

Assistant 

APPROVED POR THE ATTORNEY GENERAL 

By: Stanton Stone 

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