The Attorney General of Texas
February 21, 1986
JIM MATTOX
Attorney General
Supreme Court Building Mr. Don R. Stiles Opinion No. JM-433
P. 0. Box 12548 Executive Director
Austin. TX. 79711. 2549 Texas Adult Probation Commission Re: Validity of Seoate Bill No.
5121475-2501
8100 Cameron Road 454, Acts 1985, 69th Leg., which
Telex 910/874-1367
Telecopier 5121475-0259
Suite 600. Building B added three members to the Texas
Austin, Texas 78753 Adult Probation Comissicn
714 Jackson, Suite 700 Dear Mr. Stiles:
Dallas, TX. 75202-4506
2141742.9944
You ask whether Senate Bill No. 454 [hereinafter S.B. No. 4541 of
the Sixty-ninth :Logislature is a valid enactment. S.B. No. 454
4824 Alberta Ave., Suite 164 originated in and was passed by the Senate on April 22, 1585. The
El Paso, TX. 79905.2793 version of S.E. No. 454 that was passed by the Senate contained a
91515333494 section which addefi three new members to the Texas Adult Probation
Conmission. The Nouse of Representatives received the bill from the
,001 Texas. Suite 700 Senate on April 23. The bill was read for the first time and referred
Houston, TX. 770029111 to the Committee m Law Enforcement on April 29th. On May 13th, the
71312255888 comittee reported the bill favorably with a complete comittee
substitute. The cc~mittee substitute deleted the section of S.B. No.
454 which added three members to the Adult Probation Commission.
608 Broadway, Suite 312
Lubbock. TX. 79401.3479
SOW747.5235 Subsequent events reveal confusion as to whether the House passed
the version of S.B. No. 454 which passed the Senate or whether the
Eouse passed the mmmittee substitute. The back of the actual hill,
4309 N. Tenth, Suite B
McAllen. TX. 78501-1685
which records the; bill's passage through the legislature, reveals
512/682-4547 that, on May 13th. the committee reported the bill favorably with a
complete comitter! substitute. The House Journal reflects that this
substitute was rea.dand passed to third reading on May 22d. See H.3.
200 Main Plaza, Suite 400
of Tex., 69th Leg;., Reg. Sess. 3008-3009 (1985). The backyf the
San Antonio. TX. 782052797
5121225-4191
bill, however, shows that S.E. No. 454 was read a second time and
passed to third reading without amendment on May 22d. It also reveals
that S.B. No. 454 was read a third time and finally passed, without
An Equal OppOrtUnityI amendment, on May :23rd. The bill itself, as it was returned to the
Affirmative Action Employer Senate, contained no House amendments. The hill, which was without
House amendments and provided for three new members for the Adult
Probation Comiss~.on. was thereafter enrolled and signed by both the
President of the Senate and the speaker of the House as required by
article III, sect:ltm38, of the Texas Constitution. Accordingly, we
are called upon to determine whether S.B. No. 454 is a valid enactment
of the Texas Legislature. It is clear that
[a] bil:t in either branch may be amended, but
before the bill becomes a law the amendments must
p. 1982
Mr. Don R. Stiles - Page 2 (m-433)
have the sanctior:of both branches of the Legisla-
ture.
Ex parts May, 40 S.W.2d 811, 812 (Tex. Grim. App. 1931).
On the other hand, wc:ll-establishedrules govern the determina-
tion of whether a bill has , Iu-lT
(Tex. Civ. App. - Houston 7114th Dist.] 1977, writ ref'd n.r.e.), it
continues to be applied consistently. See, e.g., Phelps V. State, 594
S.W.2d 434, 437 (Tex. Grim. App. 1980); Moore V. Edna Hospital
District, 449 S.W.2d 508, 514-15 (Tex. Civ. App. - Corpus Christ1
1969, writ ref'd n.r.e.).
In the instant case, the only indication that S.B. No. 454 might
be invalid appears in the House Journal. The rule is clear that
"[tlhe journals are not xore certain and reliable records of what
occurred than the enrolled bill. . . .u Nueces County V. King, 350
S.W.2d 385, 387 (Tex. Civ. App. - San &onio 1961, writ ref'd).
Consequently, we conclude that S.B. No. 454, as enrolled, is valid.
SUMMARY
By virtue of the "enrolled bill doctrine,"
Senate Bill No. L.54,which adds three new members
to the Texas Acult Probation Commission, is a
valid enactmeut of the Sixty-ninth Legislature.
JTM MATTOX
Attorney General of Texas
p. 1983
Mr. Don R. Stiles - Page 3 (JM-433)
JACK HIGHTOWER
First Assistant Attorney Gtmeral
MARY KELLER
Executive Assistant Attortwy General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Comittet!
Prepared by Jennifer Riggs
Assistant Attorney General
p. 1984
Untitled Texas Attorney General Opinion
Combined Opinion