**AURTKY 11.**  **-XAR**

**WILL WIIA?lON**  **ATTORNEZY G+ZNW!ZNAL** 
March la, 1957.

Honorable George Moffett, Chairman, Senate,

CommFttee onAgriculture, Senate of Te~xas, Austin, Texas OPINIONw-61

Re: Constitutionalityof Senate Sill No308 of the 55th ~~:“,~;“;‘“&$“,~$yl$~ i’icbs of tie 45th Legisiatu,re Regular Session, to Include all Counttea of the State Dear Sir:. of Texas;

You have requested an opinion on the constitutionality of Senate Bill 308 of the 55th Legislature. In your request you asked the following questionsi

“1)Does S.B. No. 308 conform to the test of constitutionalityas written and submitted to your departmentherewith?
“2)And if it.

does not, in your judgment,conform to this test, then there arises the following question:Wherein does it differ in its deficiency of meeting the test of constitutlonalitg from theAct which It seeks to amend?
“3)And finally, if S.B.No. 308 is not in your opinion c,onbtitutional, what suggested amendment couldbe’made ,tothebill in order for It tomeet the test of constitutionality?”

We shall answer your questions in the order submitted.

Senate Bill 308 of the 55th Legislature providesfor the amendment of Section 8, Chapter 443, Acts of the 45th Legislature so as to extend the provisionsof Chapter 443, known as theAgricultural ProtectiveAct, to all the counties of the State of Texas; and declares an emergency. The Act In its present form is limited to those countieswhich comprise the Texas Citrus Fruit Zone as that area is designated in Section 1, Chapter 350, Acts of the 42nd Legislature.Hon. GeorgeMoffett, Page 2 (ww-61)

Section 8 of Chspter 443,Acts Session, as amendedby Section of the 45th Legislature,Regular 1 of Senate Bill 308 of the 55th Legislature, refers to Section 1 of Chapter 350,Acts of the 42nd Legislature. Your request indicates that this lncorporation of Section 1, Chapter 350,Acts of the 42nd Legislature, results in the principalquestion in your mind as to the constitutionalityof Senate Bill 308. This practice is an accepted legislativedraftlng procedure. The fact that Chapter 350,Acts of the 42nd Legislature only dealtwith diseases of citrus trees and the shipment of nursery stock inf8cte.d w.lth~the~dlseases of citrus treeswould not trevent the incarporationof Section 1 of thisAct into Chapter 4 3 of theActs of the 45jhLagislature which deals with a'gricultural commodities other than citrus fruit.
Therefore,"

an amendmentwhich extends the coverage of Chapter 443 of theActs of the 45th Legislature to the other counties in the,State,ofTexas by addin ted in Section 1 of Chapter 350 of the & to those already deslgna2nd Legislature is also permissive. It Is our opinion that Senate Bill 308 of the 55th Legislature Is not unconstitutionalfor this reason. We have examined this Bill in the light of other possible constitutional questions and it Is our opinion that Senate Bill 308 is constitutional. For this reason your first questionmust be answered in the affirmative. ,' :

In the light of ouranswer to your ,foregolng question, it becomes unnecessary to answer your second and third questions.

Senate Bill 308 of the 55th Legislature is constitutionalas submitted.

WCR:f;rh APPROVED: OPINION COMMITTEE By H. Grady Chandler

Chairman Very trulyyours,'

WILt WIISON ',