Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable L. 2. Heron county Attorney Llmeetone county Groesbeok, Texas Dear Sir: opinion request of recent date and as follows: 0. R. No, 231, onera court of and election. rise me your opinion a8 . 0. R. 231 in'effootuating purpose of plaoing into lmle- ts Bill MO. 2217" bilL does not beoome effsotite nntll ninety daga after the adjournment of the Legislature, even though it contains en emerganog clause, betxiuae the House falled to pass said bill * . r’-. 42i Honorable L. L. Oeren, page #a by a reoorded vote. Article 3, Seotlon 39, Constitution of Texas; Popham Y. Patterson, 51 S. W. (2d) 080. H. Cr R. No. 231, which proposes to put into imme- diate etieot 9. 8. 221, was paaaed by the Senate on June 12, 1941, by the following vote? Yeas 123, Naya 0. This reso- lution waa paosed by the Senate on June 20, 1941, by the following voter Yeas 28, Naps 0, and approved by the Cover- nor of Texas July 23, 1941. &ticLe 3, Seotion 30 of ths Conetitution of Texas, provides that *No law shall be passed exoept by bill.” Article 3, Seotlon 39 of the Constitution of Texas, reads as follows; *No law paaeed by the S@.slature, eroept the 2 general appropriation aot, shall ta’ks erfeat or ’ go into foroe until ninety days after the adjourn- ment of the session at whioh it ma enaoteb, un- In 25 R. C. L. ‘781, NO find the following language: “The general rule ia that a joint or conourrent resolution, adopted by the legislature, will not have the force or &feet of a law where the con- stitution, under whloh the legislative body oper- ates, requires the enaotment of all lawa to be fn some prescribed form other than by resok&.ion. Under a constitutional provision that no law shall be paaa- ed exoept by bill, a mere resolution is not a oom- petent method of expreeoing the legislative will, if that expression Is intended to have the force of law and bind others than the members of the Rouse or Houses adopting it. The requlraments or the Con- stitution are not met by that method of legislation. .-. 422 Honorable 2. L. Geren, page #3 Nothlog beoomss law simply and solely beoauae men who possess the legislative power will that it shall be, unleao they expr8sa their determination to that effeot in the mode appointed by the instruxmnt whloh lnvesta them with power, and under all the forms which t&t instrument has rendered essential.” Also Bee Southern Pao. Go. V. W. T. Yeadows & Uo., 129 S.W. 170, holding that thr effective date of an Aot whioh has been approved by the exeautlve and hao already tslsen effeat oannot be postponed by a joint resolution. Reversed on other points, 140 S. W. 227, and Conley Y. United Daughters of Confederacy, 164 S. W. 24, distlngulshing a resolution from a law. Baaed on the foregoing, it is the opinion of this department that H. 0. W. 231 do88 not p&a08 Into Immediate effect S. B. 221. The rquirements of the Constitution are not met by this nu,th$ of legislation. The Aot itself must be passed in the form which the Constitution has rendered essential - that is, by a two-thirds vote of all the members elected to each Eouee, and said vote to be tak8n by yeas and nays. Therefore, S. B. 22% does not beoome effeotivs until ninety days after the adjourmant of the Legislature. Very truly yours ATTORKBY GEITEIUL OF T- CCB-8