R-512
OFl?ICE OF
THE ATTORNEY GENERAL
ACTSTIN. TEXAS
PRICE DANIEL
ATTORNEY GENERAL
June 4, 1947
Honorable Tom Mart in, Chairmen,
Came and Fisheries Committee,
House of Representat lve s,
Austin, Texas . Opinion No. v-237
Re : Constitutionality
of H. B. 309 amend-
ing Article 48Oa,
Penal Code 1925.
Deer Sir:
You request the opinion of this department upon
the constitutionality of House Bill Ho. 309 of the 50th
Legislature, a copy of which Bill accompanies your request.
The Title to th’e Bill Is es follows:
“An Act amending Article 480e, Penal Code,
1925, to make it the duty of the Came, Fish and
Oyster Commission to enforce the provisions
thereof; providing for remission of fines and
penalt les collected thereunder end deposit there-
of; repealing conflicting laws end declaring en
emergency.
There is no Article 48Ce Penal Code 1925. Arti-
cle 480e of the Penal Code as codified in Vernon’s Texas
Statutes is the Article to be amended. This is made clear
in Section 1 of the body of the Act which ldentif ies the
Article with House Bill 29, Second Called Session, 4lst
Legislature, ch. 3, p. 4.
The Title should be emended so es to emend Hmse
Bill 29, Chapter 3, Second Celled Session hlst Legislature
rather then ‘Article 480e Penal Code 1925.”
Section 1 of the body of the Bill should be e-
mended to correspond with the Title es to the statute being
emended.
‘ .
fP ’ ,(-.\
._,
Hoaoreble Tom Martin - phge 2
With the changes above suggested, the Bill, if
enacted Into law, would be valid es egalnst any constltu-
tlonal objection.
SUMMARY
House Bill No. 309 of the 50th Lsgisle-
ture is defective in that the Title purports
to emend "Article 48Oe, Penal Code 1925," end
there is no such Article in the Penal Code of
1925. The Title should be re-written to emend
House Bill 29, Chapter 3, Second Celled Ses-
sion &lst Iegisleture, end Section 1 of the
body of the Bill changed accordingly. With
the changes suggested the Bill would be free
from constitutional vice.
Yours very truly
ATTORNEY(SNERAL OF TEXkS
By &Jr
Ocie Speer Ad%9
03:WB Assistant