Case Information
*1 Dear slrz tter 0r ;Tun \d 6th, This le ln rep
rsquesttng our opllllon itutionFi11t7 and rEdidit of 11. B. eo5 by the Legislature
5 of the Code o? Crlainal Fro00 aat under cons e title to the
to the article o? the aode is in the ialla-
t its first oalled , supra, by ass- MS, Qeneraland Speoial L ws.
ared unconstitutional by this Ion 1~0. 0-25, renderea~on January 11, was held to be defeatire because the the purpose of all a8 bei% deoeptire.
The capttoh a? B. 3. 205 does not have such tioee. It speclfisa the revision and artiole to be amendeb, without lnafoating the particulars of the changes to be made by the amendment. This has been aeeepted by our
oourts with the'rawoni~ that the namlag of tb artiolm to be amended dlreots attention to all of the provl8iona therein, as the subject of the arending sot, and that auoh provisions aan be the set to be amended. See ICat2 v. State, 130, and 7 authorities thered sited. I. In t&e ease before us the provlsiona of Artlale 1055, C. C. P., 1925, mere in effeot, dlreoted attention to in the title of act as the subjeot of the amending aot. We quote from the Katz ease:
*The oourts of this state have held that 93 Ter. $239; 55 S. I?. 109; State v. IbeCracken; 48 Tex. ss4.- (uudersoorin& ours).
An examination of the prorlsions of Artiole 1055, C. C. P. supra, and ca?parlaon with Seotlon 1 of ~heBGe~, reveals substantial and material change in
. Prior to amendment the article read: 1055. iialf oosts paid offioers, wArticle "The oounty shall be pliable to each and witness barin& east8 in a a&s- officer demeanor once for only one-half thereof where the defendant has satisfied the fine and oosts adjudged a@nst him in full by labor in the workhouse, on the oounty farm,on the publio roads or upon any public works of the oounty; and to pay euoh haI of such legal coetae may hsve.been so taxed, not lnoluding O(E missions, the county judge @hall issue his wnrrant~upon the County Treasurer in favor of the proper party, and the eeme shall be paid of the road and bridge fund or other funds not otherwise appropriated.*
, ,.c
Tollaalng pamage and aeoutive approval of .B. B. XiS, aafd axWale now readat
mArtlcle 1035; The eount7 ahall not bs liable to the offloer and witnew hav- bg OoStu in a misdemeanor 6~16 where .de- fenasnt pays hle fine aIIP ooets. The oounty #hall be lfsble for o-half of the fees of the officer8 of the oourt, v&en tha defendant falls to pay his fine anU.lqa hire fiam la tb4 ootmty jail or &a- ehargss the ame by rearm of working suah fine out on the county road5 or on any ocunty projeat. Ana to pay ruah half of oosts, the oountg 010x-k shall issue his mrrant on the County Treasurer in favor of euoh offioer to be paid out oT the Rodd and Bridge ?und or other ?unds not otheniae l ppmp3lated.*
While substantialacbmges are noted in the tami~- ology ana provl5ions of H. B, 1#)5, it ia our opinion the ubject~treat6.d ie the so, i.e., half aoets paid offi- atp under oertain ooondltioaa. Therefoxw, we hold the option or title 16: sufficimt to meet the oonatltutloml raqldremnnts.
The emergenap clauee of Ii. B. eO5 18 emoneous ln etatlng that 6. & 727 of the Forty-fifth Sagislature, which we declared unconstitutional, aontained *the mast prov%sions of this &t" and "this Eill.....is acre17 a correction of House Bill No. VE7,*
He do not reason the error6 la the emergemy olause to vitktt the bill. tre qnote froic the c&se oi 3% th v. Thasason (CiV, 4p*, ~i85OUri-fhnSW-??eXa8 ait ~~eQ):280 Se Wm 325: Qaergena~'olauses dn bills, however, are not aflded for purpone of clarifying or the intention of the Leglalature, deolarlng explain the express Iaaguage of the aorta aat; but oril7 for the purpose of setting *4 ,. .‘
iorth the rm~ao~11 forth. ~~ps~ton at oonatltutional rule requiring the bill to be read on three eeparate dav, qnd for puttlag into 5mmediata 0trbCt auoh aat whatever be ;ts mope qnd tsnns.w
See also 89 Tax. hr. 827; LloyUs Casualt Co.~r. Lwi(Civ. App. writ Qismlss~d)~ 62 6. PO. (24 v 497.
An examlnatlon of the body of B. B. 205, while revealing a 8Ub8taIhial dep,artum from the pro- r$sions of Artb 1055, C. C. P., 1925 and H. 8. 787, 45th I&g. Reg. seaa., doe8 not d1801OSS any violence to our fun4wm1tsl km, nor any excess of legialatire prerogative.
we therefore respeatlully advice pou that it l8 our opinion that H. 3. 805, a8 enacted, It3 valid ti eonetltutional.
YOtLPE V8r5' tnilr APPROVEDJUN 17, 1939