Case Information
*1 The Attorney General of Texas October 12, 1983 JIM MATTOX
Attorney General Supreme Telex Telecopier P. 0. Box 12546 5121475.2501 Austin, 9101674-1367 TX. 70711. Court Building 5121475.0266 [2540] Honorable Henry Wade Dallas, Texas 75202 Government Center Dallas County District Attorney Opinion NO.JM-75 Re: Effective date of tion of bail bondsmen 2372p-3, relating to article regula-
Dear Mr. Wade: I 714 Jackson. Suite 700 Dallas. TX. 75202.4506
The legislature enacted a statute to license and regulate bail 214/742-6944 bondsmen which became effective on August 27, 1973. See V.T.C.S. art.
2372p-3. Effective August 31, 1981, the legislature amended that statute with a complete m-enactment designed to more properly 4624 Alberta Ave., Suite 160 regulate the bail bond business. Prior to the 1981 amendment, section El Paso, TX. 79905.2793 9151533.3464 9(b)(3) of that statute provided that a bondsman's license may be
suspended or revoked by the county bail bond board for "conviction under the laws of this or any other state or of the federal government ,nOl Texas, Suite 700 of a misdemeanor involving moral turpitude or of a felony." The 1981 ousto”, TX. 77002-3111 amendment changed that section to provide for suspension or revocation 7131223-5666 of a license for "final conviction under the laws of this or any other state or of the United States of a misdemeanor involving moral 606 Sroadwav. Suite 312 turpitude or of a felony committed after the effective date of this Lubbock, TX: j9401-3479 Act" and changed section 3(c) to provide that persons who committed 606/747-5236 such crimes after "the effective date of this Act" are not eligible
for a license. See Acts 1981, 67th Leg., ch. 312; Acts 1973, 63rd 4309 N. Tenth, Suite S Leg., ch. 550. - McAllen, TX. 76501-1665 5121662-4547 You have asked whether "the effective date of this Act" in
sections 3(c) and 9(b)(3) of article 2372~3-3 is August 27, 1973, the 200 Main Plaza. Suite 400 date of the original act, or August 31, 1981, the date of the San Antonio. TX. 76205.2797 amendatory act. We conclude that this phrase refers to August 27, 5121225-4191 1973, and that sections 3(c) and 9(b)(3) p resently refer to offenses
committed after August 27, 1973. An Equal Opportunity/ In re-enacting article 2372p-3, the legislature used the words Affirmative Action Employer
"this Act" at least 52 times in 10 different sections of that article. For instance. the language in section 3(c) is: (c) No person shall be eligible for a license under this Act, who after the effective date of this Act, commits an offense for which he is finally convicted . . . (Emphasis added).
Section 9(b) states that:
(b) The board may, on its own motion, and shall, on receipt of a sworn complaint providing reasonable cause to believe that a violation of this Act has occurred or on the request of a court, investigate the actions and records relating to such complaint against any bondsman it has licensed. The board may, after notice and hearing, suspend or revoke a license for: . . (3) final conviction under the laws of this or any other state or of the United States of a misdemeanor involving moral turpitude or of a felony committed after the effective date of this Act . . . (Emphasis added). We conclude that the phrase "this Act" in an amended section of a statute ordinarily refers to the original act as amended, and not merely to the amending act. We believe that the legislature, in this instance, intended the phrase "after the effective date of this Act" to refer to the effective date of the original statute and not to the effective date of the amending act. We believe that if the legislature intended otherwise, it would have provided for offenses committed "after the effective date of this amendment." This conclusion is in accord with decisions reached in other jurisdictions. See Henry v. McKay, 3 P.2d 145, 151 (Wash. 1931); State v. Anderson, 232 P. 238 (Kan. 1924); Sutherland, Statutory Construction, 4th ed., 522.35.
SUMMARY The provisions relating to offenses committed "after the effective date of this Act" in article 2372p-3, sections 3(c) and 9(b)(3), V.T.C.S., refer to August 27, 1973, the date of the original act, instead of August 31, 1981, the date of the amendatory act.
dzjf.& JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
Bruce Youngblood
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