Honorable James R. Ray Opinion No. H-14
Executive Director
Governor’s Committee on Human Re: Effect of the failure
Relations to sign H. B. 183 on
State Capitol Building its effective date.
Austin, Texas 78711
Dear Mr. Ray:
The facts which you have submitted to us indicate that Acts 1969,
61st Legislature, ch. 446 (Article lc, Vernon’s Texas Civil Statutes)
creating the Governor’s Committee on Human Relations provided
that the term of office of members of the committee expired on
February 1, 1973 and that the existence of the Committee was to
cease on February 1, 1973.
House Bill 183 of the current Legislature was adopted to amend
Article lc. Existence of the committee was to be continued until
August 21, 1973. The Bill provides for terms of office expiring
February 1 of odd-years. It declares the existence of an emergency
and that it is to take effect and to be in force from and after its
passage. It shows that the vote in the House of Representatives was
126 yeas and 17 nays, and in the Senate was 24 yeas and 3 nays.
Because of various unforeseen circumstances including the
death of the late President Johnson, although the House adopted the
measure on January 31, 1973, the Senate did not act until February 6
and the Governor did not sign the Bill until February 8, 1973.
You state that the Comptroller has indicated that he will not pay
staff salaries for the Governor’s Committee on Human Relations for
the period of February 1 through February 7, 1973 and have asked
our opinion as to whether or not the facts indicate a break in service
of members of the commission so as to warrant a break in their
compensation.
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Honorable James R. Ray. page 2 (H-14)
Article 3, Section 39 of the Constitution of Texas determines
when an enactment of the Legislature shall take effect. Normally
laws do not go into force until 90 days after the adjournment of
the session at which they were enacted. However, the Constitution
excepts emergency legislation if the fact of the emergency is ex-
pressed in the preamble or body of the act and the Legislature votes
by two-thirds of all the members elected to each house that it shall
go into effect at some different time. The requirements of that
section have been met in H. B. 183.
The remaining question then is whether, insofar as the act
purports to be effective as of February 1, 1973, a date prior to its
final enactment, it runs afoul of Section 16 of Article 1 which says:
“No bill of attainder, ex post facto law,
retroactive law, or any law impairing the ob-
ligations of contracts, shall be made. ”
We assume the Comptroller has made his indicated ruling
because he considers this to be a constitutionally prohibited
retroactive law. If so, we are of the opinion that he is incorrect.
In Deacon v. City of Euless, 405 S. W. 2d 59 (Tex. 1966) the
Supreme Court had before it a duly enacted statute affecting
annexation of territory. It is particularly interesting because the
statute, adopted by the Legislature on May 14 and not effective until
August 23, 1963, provided that it was applicable t.o annexation
ordinances pending on March 15, 1963.
In upholding the statute and in giving effect to its provisions
t.he Court said:
“While we agree with the Court of Civil
Appeals statement that ‘retrospective laws are
commonly regarded with disfavor, ’ the con-
trolling circumstance in interpreting a law as
having retrospective or prospective effect is
intention of the Legislature. ” (405 S. W. 2d at 61)
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Honorable James R. Ray, page 3 (H-14)
Noting that the act expressly made its terms retroactive, the
court made its constitutionality hmge on whether giving it effect
would destroy or impair vested rights.
“Section 16, Article 1, prohibits the making
of retrospective laws insofar as they destroy or
impair vested rights. The Legislature cannot by
retroa.ctive 1egislat:ion applicable to municipal
corporations destroy or impair vested rights which
persons have acquired in their relationships with
t.he municipal corporations. . . . ” (405 S. W. 2d at
62)
See also, Texas Water Rights Commission v. Wright, 464 S. W. 2d
642 (Tex. 1971).
Clearly thelegislature int:ended H. B. 183 to be effective February
1, 1973. We can see no possibility that the vested rights of any person
will be adversely affected by the fact the act is retroactive. We are,
therefore, of the opinion that H. B. 183 is effective as of February 1,
1973. to extend the existence of the Governor’s Committee on Human
Relations, without break, until August 31, 1973.
SUMMARY
Under the particular facts presented,
an Act of the Legislature extending the term
of a commission from its expiration on
February 1, 1973, even though not enacted until
aft.er that date, was not unconstitut:ional as a
retroactive law.
Very truly yours,
JOHN L. HILL
Artorne,y General of Texas
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Honorable James R. Ray, page 4 (H-14)
APPROVED:
?iscb+L
DAVID M. KENDALL,
Opinion Committee
Chairman
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