Gerald C. Mann
.,?T,,HSC:x Gh~kc:H.,l.
Department of Agriculture Opinion No. O-5350
Austin, Texas Fk: Efrectlve date of Senate
Dill, No. 159, Acts or the
Attention: 48th Legislature
Hon. W. E. Bussey, Chief
Weights and Measures
Division
Dear Sir:
You have recently requested the opinion of this de-
partment’ as to the efrectlve date of Senate Dill No. 159, Acts
of the 48th Leglsl&ure.
The Journals of both Houses, which we have examined,
re:lect th:;t said bill wes sassed by the Senate on Hey 5, 1943,
57 vc% cl 23 yeas :o 0 nays. It was :>assed by the house on
Xky 6, 19&j, by i vote of lji yess to 1 niy. The bill carried
an emergency clause. It was filed in the office of the Secre-
tary of St&e on Y&y 18, 1943$ without the Governor’s signature,
the Le;lsI.dture having previously adjourned on Ma;, 11, 1943.
c-ithqu;h the bill was filed in the office of the. Secretary of
St -ite : the Governor filed no objection to the bill.
Section I4 of iirticle IV provides:
“I? any bill shall not be returned by the Governor
with his objections wlthln ten dais (Sunday excepted) ef-
ter it shall hzve been &resented to him, the same shall be
E lax Fn iike manner as if he k%d signed it unless t.he
IeglsI2ture, by its adjournment, prevent its return, j,~
which case it shall be a law u Ie s h shall file the same
.wlt.h his cbriect$ons in the officesof the 3ecretarv 0-f State
and nlve no tice tbereoffn bl c .XO lsmatlo -a’ith
twentl- davs after such ad.iourcment .I’
Since the bill contained an emergency clause and re-
ceived the required two-thirds majority vote of both Houses on
final passage in order to render the snme effective as an emer-
gency measure, and since the Governor failed to .“file the same
with his oblectlonq in the office of Secxetary of State”, it is
the opinion of this department thlt the same became effectlve,as
! _,._:. ‘.‘%..i
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Department of Agrlctilture, page 2 (O-53!%)
an emergency measure on May 18, 1943, the day the same was
riled ln the office of the Secretary of State w lthout the
Governor’s objections.
Yours very truly
ATTORNEY
GISNERALOF TEXAS
By /s/ E. G. Pharr
E. G. Pharr, Assistant
:iPPROVEDJUN 21, 1943
/s/ .Gerald C. Mann
;i=TORNtiYGENE&L OF TE.X.iS
iQPROVi3D:OPINION COMMITTEE
BY: BWB, CH.+IRMAN