Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN 11 porrblo John II.amOk ewl.Dal Mstrlct Attorney ,rar county m Antonio, Tax88 AW?. Nr. L. J. Olttlager mr 8lr: opinion lo. o-6728 Both of tbeao bllle Constitution provides: body of $he~‘act,, the Legislature shall, by a vote of-tvo- thirds of all the members elected to each House, othervlse direct; sah vote to be taken by year and naps, and entered upon the journals. ’ By reason of this provision, B. B. 849, which vas enacted i.a Map, 1945, vi11 not become effective until ninety days after ad- jOurnment of the 49th Legislature, vhich is September 4, 1945, be- muse there vas no record vote on final passage of the bill ln the Senate. On the other hand, S. B. 246 became effective on June 2, 1945, vhen it vas flled with the Secretary of State, because it contained an emergency clause, and it vas passed by a record vote gonoreble John R. Shook, page 2 lf tvo-thirds of the members of each House. The question, then, 1s vhether the latest expresrlon of the Legislature repeals a former uv Insofar as the tvo are In conflict, even though the former uv has not yet become effective as a lav. It is stated In Texas furlsprudence that “vhere tvo acts passed at the same session cannot be reconcllod by any knovn rule of construotlon, the first in time er position must give vay to the loft, vhlah will stand as the final expression of the legl8latlve ~111. (39 Tex68 Jurisprudence, 147) In our oplnlon lo. O-5891, Issued Hay 30, 1944, ve said: lA8 the latest expression of the L8gl8latlve vi11 prevails, the ltatute last passed vi11 prevail over a statute passed prior to It, irrespective of whether the prior statute takes effect before or efter the later statute. People TS. Darner, 328 Ill. 512, 160 1. 0. Hevbauer vsr 8kte, 200 bd. 118, 161 1. B. J State vs. 8ohumburg, 149 Ia. 470, 89 SO. J 8kti Y. lhraus, 34 f. 1. 378, 281 Pro. f W.nslov 112 Ore. 23, 228 PM. 101, 34 A. L, B. ‘IS. York, 268 PO. 143, 110 Atl. You are, therefore, advised that in our opinion 3. B. 246 repeals H. B. 849 insorar as the tvo act8 are In irreconcilable oon- illct. ?D/JCP