TEEATTOBNEY 

OF TEXAS 

March 11, 1963 

Honorable Joe N. Chapman, Chairman 

Committee on Judiciary 

House of Representatives 

Austin, Texas Opinion No. C-34 

Dear Mr. Chapman: 

Re: Constitutionality of 

House Bill 558 of the 

58th Legislature validating certain contracts, 

warrants, refunding bonds 

and related proceedings 

of cities and counties. 

You have requested our opinion on this proposed 

legislation as to its constitutionality. 

House Bill 558 is, in substance, similar to House 

Bill 2,60, Chapter 126, Acts of the 57th Legislature, Regular 

Session, 1961, codified by Vernon as Article 2368a-7, which 

was approved by the Governor of Texas on May 15, 1961, and 

which validated, under certain conditions, certain city and 

county contracts, scrip and time warrants, refunding bonds and 

certain related proceedings. It is evident, therefore, why 

Rouse Bill 558 is limited to matters occurring since a preceding 

validating act of like effe'ct was approved, and we find nothing 

repugnant to the Constitution of Texas in this feature of the 

bill. 

House Bill 558 is substantially identical with a 

lengthy series of validating acts pertaining to the issuance of 

warrants, and related actions, by cities and counties in Texas. 

These statutes are codified as Articles 2368a-2 to 2368a-8, both 

inclusive, V.C.S. 

As to the validating provisions of House Bill 558, the 

power of the Legislature to enact such curative statutes is well 

settled. Moreover e the Legislature may validate anything that 

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Hon. Joe N. Chapman, page 2 (C-34) 

it could have authorized in the first instance. Tom Green 

County v. Moodv, 116 Tex. 299, 289 S.W.381 (1926); Pvote Independent School District v. Dver, 34 S.W. 2d 578 (Tex.Comm.App. 

1931): Bisfoot Independent School District v. Genard, 116 S.W. 

2d 804 (Tex.Civ,App. 1938, affirmed 133 Tex. 368, 129 S.W. 2d 

1213). 

Sections land 2 except from their application the 

described proceedings by 'I. . . any county with a population 

in excess of three hundred and fifty thousand (350,000). according to the last preceding federal census . . ." This exception is obviously made because Section 2 of Article 2368a. 

V.C.S., the procedural statute governing the same subject, provides for the same population classification. It is our opinion 

that this exception is reasonable and affords a fair basis of 

classification. Miller v. El Paso County, 136 Tex. 370, 150 

S.W.2d 1000 (1941); Clark v. Finley, 93 Tex. 171, 54 S.W. 343 

(1899). 

We have examined the title and the other provisions of 

House Bill 558 and are of the opinion that they do not violate 

the Constitution of Texas, and that the entire bill is constitutional. 

SUMMARY 

House Bill 558 of the 58th Legislature validating certain contracts, scrip warrants, 

time warrants, refunding bonds, and related 

proceedings, of cities and counties is constitutional. 

Yours very truly, 

WAGGGNER CARR 

Assistant 

HWM-S 

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Hon. Joe N. Chapman, page 3 (C-34) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Robert Lewis 

Albert Pruitt 

Dudley McCalla 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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