E GENERAL

Hon. Walter L. Knapp, Chairman Judicial Districts Committee House of Representatives Austin, Texas Opinion No. c-425

Re: Constitutionalityof proposed committee substitute to Senate Dear Representative Knapp: Bill 278.

You have requested our opinion on the constitutionality of theproposed committee substitute to SenateBill 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 organizationand jurisdiction, conforms the jurisdictionof other county courts at law as well
as the county court, and makes otherprovisions relating to the organizationof the various county courts at lawprovided for in theAct. Thus, this Bill constitutesan exercise ofpower granted to the Legislature by the provisions of Sections 1 and 22 of Article V of-the Constitution-ofTexas. Tex. 372, 224 S.W.Zd 706 (1949). Rector v. McClelland, 148

Section 8, as amended, readsas follows:

"As this Act doesnot create a new court, but merely changes the name of the 'CountyCivil Court at Law of Bexar County, Texas,' to the 'BexarCounty Court at Law No. 4, of Bexar County, Texas,' that from and after the effectivedate of thisAct, 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." -2ooo-Hon. Walter L. Knapp,Page two (C-425)

House Bill 262 of the 58th Legislature, codified inVernon's as Article 1970-301f,Vernon's Civil Statutes,which SenateBill 278 amends, is an Act which created the County Civil Court at Law of Bexar County. The committee substitutemerely reorganizesand changes thename of the County Civil Court at Law of Bexar County and prescribes its jurisdictionand conforms the jurisdictionof the County Court of Bexar County, as well as other County Courts at Law of Bexar County. Thus, Section 8 ismerely a part of this reorganizationand a lawful exercise of legislativepower conferred by theprovisions of Sections 1 and 22 ofArticle V of the Constitut3on of Texas. You are thereforeadvised that committee substitute to SenateBill 278 is constitutional.

SUMNARY
Committee substituteto SenateBill 278 of the 59th Legislature,amending House Bill 262, Acts of the 58th Legislature,Regular Session, 1963, Chapter 114 (compiledinVernon'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 Legislatureby theprovisions of Sections 1 and 22 ofArticle 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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