Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN 11 porrblo John II. amOk
ewl.Dal Mstrlct Attorney ,rar county
m Antonio, Tax88
AW?. Nr. L. J. Olttlager opinion lo. o-6728
mr 8lr:
Both of tbeao bllle
Constitution provides: body of $he~‘act,, the Legislature shall, by a vote of-tvo- thirds of all the members elected to each House, othervlse sah vote to be taken by year and naps, and entered direct; upon the journals. ’
By reason of this provision, B. B. 849, which vas enacted i.a Map, 1945, vi11 not become effective until ninety days after ad- jOurnment of the 49th Legislature, vhich is September 4, 1945, be- muse there vas no record vote on final passage of the bill ln On the other hand, S. B. 246 became effective on the Senate.
June 2, 1945, vhen it vas flled with the Secretary of State, because it contained an emergency clause, and it vas passed by a record vote
gonoreble John R. Shook, page 2
l f tvo-thirds of the members of each House. The question, then, 1s repeals a former vhether the latest expresrlon of the Legislature uv Insofar as the tvo are In conflict, even though the former as a lav. uv has not yet become effective It is stated In Texas that “vhere tvo acts passed at the same session cannot furlsprudence be reconcllod by any knovn rule of construotlon, the first in time er position must give vay to the loft, vhlah will as the final stand expression of the legl8latlve ~111. (39 Tex68 Jurisprudence, 147)
In our oplnlon lo. O-5891, Issued Hay 30, 1944, ve said: l A8 the latest expression of the L8gl8latlve vi11 last passed vi11 prevail over a prevails, the l tatute statute passed prior to It, irrespective of whether the prior statute takes effect before or efter the later People TS. Darner, 328 Ill. 512, 160 1. 0. statute.
Hevbauer vsr 8kte, 200 bd. 118, 161 1. B. J State vs. 8ohumburg, 149 Ia. 470, 89 SO. J 8kti Y. lhraus, 34 f. 1. 378, 281 Pro. 112 Ore. 23, 228 f W.nslov ‘IS. York, PM. 101, 34 A. L, B.
268 PO. 143, 110 Atl. therefore, advised that in our opinion 3. B. 246
You are, repeals H. B. 849 insorar as the tvo act8 are In irreconcilable oon- illct.
?D/JCP