JUne 7, 1950
Hon. William L. Taylor Opinion Ao. V-1065.
County Attorney
Harrtsollcounty Re: The constitutionality
Harshall, Texas of Article 2094,V.C.S.,
as amended, relative
,to the~method for se-
lecting jurors to serve
in the county and dis-
Dear Sir: trict courts.
You have requested an opinion as to whether the
caption of,SenateBill 36, Acts 51stLeg., R;S. 1949, ch.
469, p.868 and House Bill 36, Acts 51st Leg., 1st C.S.
1950, ch.6, p.47, amending Article 2094 of the Revised
Civil Statutes of 1925 are in compliancewith Section 35
of Article III of the Texas Constitution. That section
of the Constitutionppovidesl
"Ho bill (except general approprla-
tion bills, w&ch may embrace the.Warioiza
subjects and accounts,fbrand au acaount
of which moneys are appropriated]shall
contain more than one subject,which shall
be expressed In its title. But if any sub-
ject shall be embraced in an aot, wNch
shall not be expressed In the title, such
act shall be void only as to so much there-
of, as shall not be so expressed."
Prior to the above amendments,Article 2094,
V.C.S., provided:
"Art. 2094. Between t@e first arid
fifteer&h days of August of each year, in
each county having a population of' at least
fifty-eightthousand or having therein a
city containinga ~populatlouof+at least
twenty thousand, as shovn by the preceding
Federal census, the Tax Collector or one of
his deputies, together with the Tax Asses-
sor or one of his deputies, together with
the Sheriff or one of his deputies, and the
County Clerk or one of his deputies, and the
William L. Taylor, page 2 (v-1065)
Mstrlct Clerk or one of his deputies, shall
meet at the court house of their county and
select from the list of qualified jurors of
such county as shown by the tax lists ln the
TaxAssessor's office for the current year,
the jurors for service in the District and
County Courts of such county for the ensuing
year In the manner hereinafterprovided."
The caption to Senate Bill 36, provides%
"An Act amending Article 2094 of the
Revised Civil Statutes of 1925, as amended
by the Acts of the 4lst Legislature,Regular
Session, 1929, Chapter 43, ge 89,.para-
graph 1, relating to the sere&ion of jurors
for service in the Mstrlct and County Courts;
and declaring an emergency."
The body of the Act provideswas follows:
"Article 2094. -
"Between the first and-fifteenthdays of
August of each ygar, in eacn county navlng a
population of at least forty-six thousand (46,-
000), or having therein a city containinga
population of at least twenty thousand (20,-
000), as shown by the last preceding Federal
Census, and In each county having two or more
Mstrict Courts holding sessions therein, re-
gardless of population,the Tax Collector or
one of his deputies, together with the Sheriff
or one of his deputies, and the County Clerk
or one of his deputies, and the District Clerk
or one of his deputies, shall meet at the court
house of their county and select from the list
of qualified jurors of such county as shown by
the tax lists In the Tax Assessorts office for
the current year, the jurors for service in the
District and County Courts of such county for
ths ensuing year, in the manner hereinafter
provided."
lish & Scottish American Mortn. & Inv.
tg ;,zg,% Tex. 289, 55 S W 169 (1900) in which
d before it a slmll&'captlon, it'ls stated:.
,-
Hon. WIlllam L. Tayloti,page 3~’(V-1065) :
"If we oould~dtsregardthe Feference in
thentitle to the number of the.articleof tile
Revlsed Statutes to be amended,-andlook alone
to the words l.relatingtothe,,creatlon of pri-
vate corporations,'~as:expressingthe whole
subject of,the act,:it may'be'true that suoh
expres~sionswould,not be broad enough to admit
provislox@ concerningthe IssuanOe of peTalte
to forei&i~eorporations.This it la unueces-
ry to decl&e,:since; ln~view of,the previous
evasions In this'and,othercourts. and of the
.courseof le&lslationbased upon their author-
ity. it must be held that such a'referenceto
the number of an article in:a code.,such~as
our Revised Statutes. Is .sufficient.in the
title of an act amendatorY thereof, to allow
any amendment germane to the subject treated
3.nthe article referred to." (aOphasisadded)
See also Walk& v. State, 116~S.W.2d 1076 iTexXriis.1938).
In view of the foregoing it is o&~opinlon that
the,caption is In complla ce.with,Section 35 of Article
"I
III of the Constitutionof.,Texas.
T&e captl& to House Bill 36 pTov.Ldes:
"An Act amending Article 20.94of the.!+
vised Civil Statutes of Texas of 1925, as
The only amendment contained In the body of the
Act is the addition to Article ?Og4, V.C.S., of the fol-
lowim proviso:
&n. William L. Taylor, page 4 (V-1065)
*Provided,however, that the provisions
of this Act shall sat apply to any county hav-
lng a population of less than twenty thousand
(20,000) inhabitantsaccording to the laaq
preceding Federal Census when such county is
a part of two (2) or more Judicial Mstricts
which Judioial Dlstrlcts embrace more than
two (2) dountIes."
The wording of the above proviso Is identical
with the underlipedportion~,ofthe aaption above quoted
aw l.stherefore in aonformitywlbh the caption of $he
Act and does not contraveneSection 35 of Article III of
the Constitutionof Texas.
The captions to Senate Bill 36, Acts
R*S. 1949 Ch.469, p;~~8~ ;nd
%h%i; 36 Acts jlst Ls
1950, ah.6, ~147, amcmbing 8&cle 2696 of
the Revised Civil Statutes of 1925, ark?in
conformitywith the body of the Acts and do
not violate the provisions of Section 35 OS
Article III of the Copstltgtlon of Texas.
Ennlish & Scottish AmerioanMo
2tIg'35 s w
ii&t%: $tat~*ll6
g5T iiW.2d'li
: :
APPROVEDr Yours very truly,
J. C. Davis, Jr. PREE DAEIEL
County Affalrs Mvlsion Attornbg Qeaeral
Joe Greex0xl.U
First Assistant
BY
Price Da&e4
Attorney General
BA:mv