Untitled Texas Attorney General Opinion

Honorable Gene N. Fondren Opinion No. C-409 Chairman, Subcommittee on Municipal and Private Corporations House of ReDresentatlves Austin, Texas Re: Effect of proposed amend- ments to H. B. 20 Dear Mr. Fondren: and H. B. 371. Your request for our opinion states that the subcom- mittee of the House Committee on Municipal and Private Corporations Is currently considering H. B. 20 and H. B. 371. Since the Introduction of these Bills, the subcommittee has been advise.dthat litigation has arisen. In an effort to avbid any prejudicial effect by these Bills on such litigation, amendments to both Bills have been proposed. You have requested our opinion concerning whether these proposed amendments would be effective to the extent that the provisiohs of such Bill will not affect any pending litigation or the title to real estate. The proposed amendment to H. B. 20 is as follows: “nor shall the provisions of this Act affect, in any way, the title to real estate, the owner- ship of which has been contested or attacked or 1s involved in any pending suit or litigation.” The proposed amendment to H. B. 371 provides: “Sec. 4. The provisions of this Act shall not apply to any revenue time warrant nor revenue bonds, the validity of which has been contested or attacked in any pending suit or litigation; nor shall the provisions of this Act affect, In any way, the title to real estate, the owner- ship of which has been contested or attacked or is involved in any pending suit or litigation.” -1936- . 4 Honorable Gene N. Fondren, page 2 (C-409 ) H. B. 371 Is a proposed amendment to Article 1015g, V.C.S., which authorizes any city or town to acquire any toll bridge within a distance of fifteen miles of its corporate limits and making provisions relating thereto. H. B. 20 proposes to validate certain pro- ceedings by certain cities and towns under, among others, Artic'le1015g, V.C.S. The proposed amendments to H. B. 20 and H. B. 371 clearly Indicate on their face a Legislative intent to restrict the applicability of such Bills and to ex- pressly exclude any application of either Bill to any party in any pending suit or litigation Including that in which the title to real property is In question. There are many instances in which such type of limitation has been placed. See; for example, Articles 2815g-7 and 2922a-1, V.C.S. It is our opinion that It is within the province of the Legislature to restrict the application of its enactments In this manner, and that the proposed amend- ments In question here will preclude H. B. 20 and H. B. 371 from affecting pending litigation, including that in which the title to real property Is in question. SUMMARY ------- The proposed amendments to H. B. 20 and H. B. 371 are effective to the extent of making the provisions of such Bill inapplicable to any pending litigation Including that affecting the title to real property. Yours very truly, WAGGONER CARR Attorney 'Generalof Texas AZ2 PAUL PHY Assistant Attorney General PP:ss -1937- , Honorable Gene N. Fondren, page 3 (C-409 ) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Pat Bailey Milton Richardson Ralph Rash APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -1938-