OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable R. A. &Inert, Chairman
Civil Jurleprudsnoe Coumlttee
State Senate
AU6tin, Texas
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Bill lo. ZSS4,*hlsh ljratide
oitier having a population
tants. St 4066 not
pa66 till6bill u1ree of lotal and 6p60hl
laws \mdec A&lo1 Btate @onatltutlen.
Honorable R. A. Weinert, Chairman, page 2
In detemlnlng the purpoeo of the bill, ye may
oonlrultthe legislative journalr. Red RLler Rati- .
Feraum 109 Tex. 287, 206 S. W. 923, Hurt Y Oak Downm,
66 8. W.'(28) 294 (appeal dismissed, 97 9. W.'(2d) 673).
When this blll was before the House of Repre6entatIve6, the
following statemsnt wa6 made by Repreeentatlve Dlokson of
Bcxar County: (House Journal, pagea X576-1377)
"Thle Is an explanation of my vote on H. B. No. 334,
which la a looal law affecting the Health Department of
the City of San Antanlo, TexaE. ThIe bill 1s maas to
q&yto San Antonis by uee of the populatlon braoket
devloe, and it undertakes to regulate the affalrr of no
other olty. Governor O'Danlel hae!oondemned this type
of leglelatlon, and Attorney tineral Mann has ruled
repeatedly that this farm of bill rlo&rter 8eotlon 66 of
Artlale SIor the Texas ConGitution. In y opinfrpgthe
bill 18 of doubtful eonrtitntlonalitymd I ham -#ted
to my eolleaguea fros Bexar Gounty that all auel’blllr,
aireating only 6an Antonio OP Bexar County, be rererreu
to the Attorney General for an oplnlon a6 to their valialty
before theh are enacts& Into law. My aolleaguer have not
agreed with my ouggeetlan and being outvoted four to one,
I think that it 16 unralr to bring 8 loaal fight to the
floor of the Bouse and ask the other Hembers to take
rides on an lrsue in which they have little or no interest.
Shoe I as or the oplnlon that b%l.lrof thir nature are
an abuee or the law-making pouer and aan only eorve to
clutter up the aourte and oauee further lorr of raspeat
ror our law8 I can oonrlstently take no part 1.ntheir
p866w ma f, therefore, answer a8 'pre6ent and not
Yotlllg."
We are unable to think of any r6rsoMb~e relation
between the objeot of the bill ant?the pepulatlon brackets,
exaept to make the bill applleable only to the City oi San
Antonio. The minimum popul.ation requirementdght be emlalned
on the barls that smaller sitler bo not need to have a Board of
Health, but oui operate under the general mtatutee providing
for the appelntment of Health Offloers, See Artialer 4424-4426,
Honorable FL A. Welnert, Ohalrmam, page 3
Vernon's Annotated alrll Statutre. Hewver, this explanation
would make the rxalucllonof altier aontalnlng more than 290,040
inhabitantepurely arbitrary. We are therefore foraed to oon-
elude that the purpose of the bill wae to olngle out the City
of 8an Antonio for spoolal treatment,and that the bill Is a
apeolal law and therefore unoonetltutlonal. Bexar Countr v
Tynaq, 128 Tex. 223, 97 6. W. (28) 467; North Texas Traction Co.
v. Bryag 116 Tex. 4%. 294 3. W. 527; Randolnh v. ta e,
117 Tex.'Cr. 80, 36 S. W. (2&l 484; Smith v. State,'l2:Tex.
Cr. 431, 49 9. W. (Zd) 739.
Very truly yours
ATTORNEY OEi?ERALOF TEXAS
OZlWJULOFTEXA6
APPFl0VD
OPIHIOHaomuTTBE .
BY BWH awLIRwAII