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WILL WILSON
A-rrO?clwRY GS:SEHAx.
June 24, 1957
Honorable Robert S. Calvert Opinion W-171.
Comptroller of Public Accounts
Capit 01 St at ion ‘Re: Whether or not one per
Austin, Texas cent (1%) of the total
value of the Permanent
School Fund may be
transferred to the Avail-
able School Fund for the
support of public schools
between August 15 and
August 31, 1957, as di-
rected in Section 1,
House Bill #103, 55th
Dear MI?*Calvert: Legislature.
You have requested an opinion as to whether you can
make the transfer provided for in House Bill No. 103, Acts of
the 55th Legislature, Regular Session, 1957, between August 15,
and August 31, 1957, as directed in Section 1 of House Bill
103.
House Bill 103 provides as follows:
“Sect ion &. The State Comptroller of Public
Accounts is hereby directed to transfer one Per
cent (1%) of the total value of the Permanent
School Fund to the Available School Fund for the
support of public schools. Such transfer shall
be made between August 15 and August 31 of the fis-
cal years ending August 31, 1957, August 31, 1958,
and August 31, 1959, respe’ctively, provided that
the total amount transferred for the three !3)
years shall not exceed the income from annual de-
lay rentals on oil, gas and other mineral leases
accruing to the Permanent School Fund from Septem-
ber 1, 1953, to August 31, 1959.
ttSec. 2. The importance of this legislation
to the people of the State of Texas, and the
crowded conditions of the calendars in both Houses
of the Legislature, create an emergency and an im-
perative public necessity that the Constitutional
Honorable Robert S. Calvert, page 2 (WW-171)
Rule requiring bills to be read on three several
days in each House be suspended; and said Rule
is hereby suspended, and this Act shall take ef-
fect and be in force from and after September 1,
1957."
Under the provisions of House Bill 103, the Comptrol-
ler of Public Accounts is directed to make the transfers pro-
vided therein between August 15, and August 31, for the fiscal
years ending on August 31, 1957, August 31,.1958 and August 31,
1959. The emergency clause of the Bill provides that the Act
shall take effect and be in force from and after September 1,
1957.
Section 39 of Article III of the Constitution of Texas
provides:
‘“No law passed by the Lagislature, except the
general appropriation act, shall take effect or go
into force until ninety days after the adjournment
of the session at which it was enacted, unless in
case of an emergency, which emergency must be ex-
pressed in a preamble or in the body of the act,
the Legislature shall, by a vote of two-thirds of
all the members elected to each House, otherwise
direct ; said vote to be taken by yeas and nays,
and entered upon the journals.”
House Bill 103 did not receive a two-thirds vote of all
Members elected to each House of the Legislature.
In construing emergency clauses of bills, it was stated
Mis u i-Kansas-Texas R. Co of Texas v. Thomaspg, 280 S.W.
$5 (Csi.ipp. 1926, error ref.;:
“Emergency clauses on bills . . . are not added
for the purpose of clarifying or declaring the in-
tention of the Legislature, nor to explain the ex-
press language of the act; but only for the purpose
of setting forth the reasons for the suspension of
the constitutional rule requiring the bill to be read
on three separate days, and for putting into imme-
diate effect such act, whatever be its scope and terms.”
In passing on a similar question, it was stated in
Attorney General’s Opinion S-90 (1953) :
“Such House Bill No. 11 did not receive a two-
thirds vote of all members elected to each House of
Honorable Robert S. Calvert, page 3 (WW-171)
the Legislature. Consequently, under the above
quoted constitutional prohibition, the provi-
sions of the emergency clause attempting to fix
an effective date prior to the expiration of
ninety days after adjournment are of no force or
oaus v. Chorp, 136 Tex. 209, 150 S.W.
“While the courts have recognized that even
when an emergency clause is ineffective because
lacking the necessary two-thirds vote, it may be
looked to as an aid in determining Legislative in-
tent, as in Pooham v. Patt son. 121 Tex. 615 51
S.W.2d 680 (1932) it is b%evld that it shoild
be looked to as aA aid only, and only to determine
intent where provisions are ambiguous,’ and not to
create or read into the act effective terms or
provisions not found elsewhere therein. . . *‘I
Likewise , in Attorney General’s’Opinion O-5471 (19431,
it was held:
“Since Senate action on final passage was
not taken by a record vote showing that two-
thirds of all members elected to the Senate ap-
proved the Act, its emergency clause was of no
effect, and it did not go into force until ninety
days after adjournment of the Legislature. . . .*
Therefore, since House Bill 103 did not receive a two-
thirds vote of all members elected to each House of the Legisla-
ture, Section 2 is of no effects and did not create or read into
the act effective terms or provisions not found elsewhere. There
are no other provisions in Rouse Bill 103 providing for any ef-
fective date.
In view of the provisions of Section 39, Article III
of the Constitution of Texas, the effective date of House Bill
103 is ninety (90) days after the adjournment of the 55th Legis-
lature (August 22, 1957).
You are therefore advised that you are authorized to
make the transfer described in Section 1 of House Bill 103 be-
tw den August 22nd, and August 31st, 1957 a
- -
Honorable Robert S. Calvert, page 4 (W-171)
Since House Bill 103 of the 55th Legislature
is effective on August 22, 1957, the Comptroller
of Public Accounts is authorized to transfer one
per cent (l$) of the total value of the Permanent
School Fund to the Available School Fund for the
support of public schools and to make such trans-
fer between August 22, and August 31, 1957.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:pf:wb Assistant
APPROVED:
OPINION COMMITTEE:
H. Grady Chandler, Chairman
Wm. hi. Allen
Byron Fullerton
REVIEWED
FOR THE ATTORNEY
GENERAL
BY: Geo. P. Blackburn