Case Information

*1 October 12,. 1971 Hon. Thomas J. Pufdom Opinion No. M-972 County Attorney Re : Constitutionality

Lubbock County Courthouse H. B. 384, Acts Lubbock ,, Texas

62nd Leg., R.S. 1971, Ch. 622, p. 2019. Dear Mi. Purdom:

Your request for an opinion asks following question:

“Do the and the text of H.B. 384 of~the 62nd Legislature Session,con- form to the requirements of Section 35, Article III of the Constitution of Texas?” 35 of Article III, Constitution of Texas, pro-

vides : (except appropriation

“No bill, which may embrace the various subjects and accounts, ‘for an on account of which moneys are appropriated) ,shall contain more than one which shall be expressed in its title. subject, But if any subject, shall be embraced in ,an act, which shall not be expressed in the title, such act shall be void only as to so much thereof, as shall not be so expressed.”

It is settled law that Section 35 of Article III, Con- should be given a liberal construction. If’ the caption or title is general, provisions the Act are valid if they are germane or reasonably to the subject title. Board of Water Engineers v. City of San Antonio, 283 S.W.2d 722 (Tex.Sup. 1955); State v. The, Praetorlans, 186’S.W.Zd (Tex.Sup. 1945); Fmer V. State, 439 S.W.,Zd 656 ‘(Tex.Sup; 1969), and Smith v. Davis,. 426 S.W.Zd 827 (Tex..Sup. 1968).

.I,n Smith v. Davis, supra., the rule is succinctly foll,ows :

“The purpose of a title is to give a statement of, and call attention to, the subject matter of an act, so that the legislators may be apprised of the’subject legislation. With amendatory it .is settled that reference to the act or section to be amended is adequate, long as the subject matter the amendment is germane or reasonably to the con- tent the orig.inal act. Schlicting v,.

Texas State Board of Medical Examiners, Tex. 279, 310 S.W:Zd 557 (1958); Shannon v. 159 Tex. 29, 314 S.W.2d 810 ~(1958);

Rogers, English 8 Scottish-American Mortgage and Investment Co. v. Hardy, 93 Tex. 289, .55 S.W. (1900) .I’

The title to House Bill 384 states:

“An Act r.elating to the compensation, and al,lowances of certain officers expenses, and employees paid wholly from county funds; and declaring an emergency.”

~Section 1 of House Bill 384 provides that the Commis- sioners Court of each~county.shall fix the amount of compen- sation, office expenses, travel expenses, and all other allow antes for county and precinct officials and employees who are paid wholly from’ county funds.

All the provisions of House Bill 384 relate to the com- and allowances of officers and employees pens,ation, expenses, Therefore covered by the Act. the provisions are germane to the subject title and are therefore valid.

SUMMARY The provisions of House Bill 384, Acts of the 62nd Legislature,

Session,, 1971, ‘Ch. 622, p. 2019 (codified in Vernon’s as Article 3912k, Vernon’s C~ivil Statutes,) relating to the compensa- tion, expenses ‘and allowances of certain officers and employees paid wholly from county funds are germane to the subject in to House Bill 384. *3 - -

Therefore, 35 of Article III, Con- has be,en complied with. ey General of Texas Prepared by John Reeves

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

Houghton Brownlee

Bob Flowers

John Grace

James Broadhurst,

J. C. Davis

SAM MCDANIEL

Acting Staff Legal Assistant

ALFRED WALKER

Executive Assistant

NOLA WHITE

First Assistant