Untitled Texas Attorney General Opinion

T~EATTORNEY GENERAL OF ?t-EXAS PRICE DANIEL ATTORNEYGENERAL the caption. Montgomery C’ounty was named in the bedy or ,the law., but mas not aWed in the caption,. The Court .said: -0 da find, however, that in the body or the Bill there appears for the first time the County or Montgomery as one entitled to rote up- on such local issue. By reason. 0r the railure to give notice in the caption that Montgomery was to be added to such list of counties, we think the inclusion of ,Montgomerg County there- inwas wid and inerrmtire.~~ The case of Ward Cattle and Pasture Company vs. Qarpe&te&?, Ter. 103, 200 S.W. 521; oited in your letter, 109 is via ,acoord~ with the Winslow oase. In that case Matagorda County .*&8 Ineluded in, ArQale 6964 but ‘was omittea from the later Aot without mentionfng the omission in the caption& The bomt held that the omfesion W that county f%m the cap- tion, was ,deceptiye and did not Cake the achutf out of the p~risloks ,or then lew. All laws which arrested tba pertimqt atetus or Qrshge County were superseded by the last ,amendment of Arti- Olij'@9,64, which was passed 6s House Bill No. 150, Chaptdr 2&i, Acts;of the 4Sth Legisletura, p. 393, b&y “Am Act amendgy AptidLe 6954 or the Perised E+itutes or Texas or 19.23~~as the s6me has ;b,een heretofore aaeaded so 7s to per- mit oertafn oountfes to hare a stork law electis&~ and de- alsrimg; an emqrigenoj.n mat asptia* is strifioieat to ux- prera the smbjeot or the b&11, (Is required by Seat ion 35 ai Artiole III of the State ~omstitu~ioa. Oreage County is mot ramed ,Jn either the aaptisn sr b,od,y of that amendment *hiah beaame effective May 7, 1943. We are of the opinion that Orange County is not authorlse& to hold an election to determine whether horses, mules, ,jacks, jennets and aattle may run at large in the oatuty or in amy sub-division of it, by reason of its ox- olurioa .fyom the amendment or Article 6954, by the 4Bth Legislature in lW3i Prior legiela~tlre history on the point is immaterial ,. . Orange County having been omitted ir.mm the title mad alro iron the body of House bill MO. 150, dote of the 48th Legislature, p. ‘393, amending Ar- $i,ole 3854, v. a. s., whlah authorizes named ooun- ties to hoLd eleotioar to determine if horses, * , . . Honorable Orahaii'BZuce - Page 3 BP Amfste6t ,.. . ’ ,*