AURTKY 11. -XAR 

WILL WIIA?lON 

ATTORNEZY G+ZNW!ZNAL 

March la, 1957. 

Honorable George Moffett, 

Chairman, Senate, CommFttee on Agriculture, 

Senate of Te~xas, 

Austin, Texas OPINION w-61 

Re: Constitutionality of 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 

constitutionality as written and submitted to 

your department herewith? 

“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 the Act which It seeks to amend? 

“3) And finally, if S .B. No. 308 is not in your 

opinion c,onbtitutional, what suggested amendment 

could be’made ,to the bill in order for It to meet 

the test of constitutionality?” 

We shall answer your questions in the order submitted. 

Senate Bill 308 of the 55th Legislature provides for 

the amendment of Section 8, Chapter 443, Acts of the 45th Legislature so as to extend the provisions of Chapter 443, known as 

the Agricultural Protective Act, to all the counties of the 

State of Texas; and declares an emergency. The Act In its 

present form is limited to those counties which comprise the 

Texas Citrus Fruit Zone as that area is designated in Section 1, 

Chapter 350, Acts of the 42nd Legislature. 
Hon. George Moffett, Page 2 (ww-61) 

Section 8 of Chspter 443, Acts 

Session, as amended by 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 principal question in your mind as to the constitutionality of Senate Bill 308. This practice is an accepted 

legislative draftlng procedure. The fact that Chapter 350, Acts 

of the 42nd Legislature only dealt with diseases of citrus trees 

and the shipment of nursery stock inf8cte.d w.lth ~the~dlseases of 

citrus trees would not 

t 

revent the incarporation of Section 1 of 

this Act into Chapter 4 3 of the Acts of the 45jhLagislature 

which deals with a'gricultural commodities other than citrus fruit. 

Therefore," an amendment which extends the coverage of 

Chapter 443 of the Acts of the 45th Legislature to the other 

counties in the,State,of Texas 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 unconstitutional for 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 question must 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 constitutional as submitted. 

WCR:f;rh 

APPROVED: 

OPINION COMMITTEE 

By H. Grady Chandler 

Chairman 

Very truly yours ,' 

WILt WIISON ',