Untitled Texas Attorney General Opinion

The Attorney General of Texas February 21, 1986 JIM MATTOX Attorney General Supreme Court Building Mr. Don R. Stiles Opinion No. JM-433 P. 0. Box 12548 Executive Director Austin. TX. 79711. 2549 Texas Adult Probation Commission Re: Validity of Seoate Bill No. 5121475-2501 8100 Cameron Road 454, Acts 1985, 69th Leg., which Telex 910/874-1367 Telecopier 5121475-0259 Suite 600. Building B added three members to the Texas Austin, Texas 78753 Adult Probation Comissicn 714 Jackson, Suite 700 Dear Mr. Stiles: Dallas, TX. 75202-4506 2141742.9944 You ask whether Senate Bill No. 454 [hereinafter S.B. No. 4541 of the Sixty-ninth :Logislature is a valid enactment. S.B. No. 454 4824 Alberta Ave., Suite 164 originated in and was passed by the Senate on April 22, 1585. The El Paso, TX. 79905.2793 version of S.E. No. 454 that was passed by the Senate contained a 91515333494 section which addefi three new members to the Texas Adult Probation Conmission. The Nouse of Representatives received the bill from the ,001 Texas. Suite 700 Senate on April 23. The bill was read for the first time and referred Houston, TX. 770029111 to the Committee m Law Enforcement on April 29th. On May 13th, the 71312255888 comittee reported the bill favorably with a complete comittee substitute. The cc~mittee substitute deleted the section of S.B. No. 454 which added three members to the Adult Probation Commission. 608 Broadway, Suite 312 Lubbock. TX. 79401.3479 SOW747.5235 Subsequent events reveal confusion as to whether the House passed the version of S.B. No. 454 which passed the Senate or whether the Eouse passed the mmmittee substitute. The back of the actual hill, 4309 N. Tenth, Suite B McAllen. TX. 78501-1685 which records the; bill's passage through the legislature, reveals 512/682-4547 that, on May 13th. the committee reported the bill favorably with a complete comitter! substitute. The House Journal reflects that this substitute was rea.dand passed to third reading on May 22d. See H.3. 200 Main Plaza, Suite 400 of Tex., 69th Leg;., Reg. Sess. 3008-3009 (1985). The backyf the San Antonio. TX. 782052797 5121225-4191 bill, however, shows that S.E. No. 454 was read a second time and passed to third reading without amendment on May 22d. It also reveals that S.B. No. 454 was read a third time and finally passed, without An Equal OppOrtUnityI amendment, on May :23rd. The bill itself, as it was returned to the Affirmative Action Employer Senate, contained no House amendments. The hill, which was without House amendments and provided for three new members for the Adult Probation Comiss~.on. was thereafter enrolled and signed by both the President of the Senate and the speaker of the House as required by article III, sect:ltm38, of the Texas Constitution. Accordingly, we are called upon to determine whether S.B. No. 454 is a valid enactment of the Texas Legislature. It is clear that [a] bil:t in either branch may be amended, but before the bill becomes a law the amendments must p. 1982 Mr. Don R. Stiles - Page 2 (m-433) have the sanctior:of both branches of the Legisla- ture. Ex parts May, 40 S.W.2d 811, 812 (Tex. Grim. App. 1931). On the other hand, wc:ll-establishedrules govern the determina- tion of whether a bill has , Iu-lT (Tex. Civ. App. - Houston 7114th Dist.] 1977, writ ref'd n.r.e.), it continues to be applied consistently. See, e.g., Phelps V. State, 594 S.W.2d 434, 437 (Tex. Grim. App. 1980); Moore V. Edna Hospital District, 449 S.W.2d 508, 514-15 (Tex. Civ. App. - Corpus Christ1 1969, writ ref'd n.r.e.). In the instant case, the only indication that S.B. No. 454 might be invalid appears in the House Journal. The rule is clear that "[tlhe journals are not xore certain and reliable records of what occurred than the enrolled bill. . . .u Nueces County V. King, 350 S.W.2d 385, 387 (Tex. Civ. App. - San &onio 1961, writ ref'd). Consequently, we conclude that S.B. No. 454, as enrolled, is valid. SUMMARY By virtue of the "enrolled bill doctrine," Senate Bill No. L.54,which adds three new members to the Texas Acult Probation Commission, is a valid enactmeut of the Sixty-ninth Legislature. JTM MATTOX Attorney General of Texas p. 1983 Mr. Don R. Stiles - Page 3 (JM-433) JACK HIGHTOWER First Assistant Attorney Gtmeral MARY KELLER Executive Assistant Attortwy General ROBERT GRAY Special Assistant Attorney General RICK GILPIN Chairman, Opinion Comittet! Prepared by Jennifer Riggs Assistant Attorney General p. 1984