You have recently requested the opinion of this de- partment’ as to the efrectlve date of Senate Dill No. 159, Acts of the 48th Leglsl&ure.

The Journals of both Houses, which we have examined, re:lect th:;t said bill wes sassed by the Senate on Hey 5, 1943, vc% cl 23 yeas 57 :o 0 nays. It was :>assed by the house on Xky 6, 19&j, by i vote of lji yess to 1 niy. The bill carried an emergency clause. It was filed in the office of the Secre- tary of St&e on Y&y 18, 1943$ without the Governor’s signature, adjourned on Ma;, 11, 1943. the Le;lsI.dture having previously c-ithqu;h the bill was filed in the office of the. Secretary of St -ite : the Governor filed no objection to the bill.

Section I4 of iirticle IV provides:

“I? any bill shall not be returned by the Governor with his objections wlthln ten dais (Sunday excepted) ef- ter it shall hzve been &resented to him, the same shall be E lax Fn iike manner as if he k%d signed it unless t.he IeglsI2ture, by its adjournment, prevent its return, j,~ which case it shall be a law u Ie s h shall file the same .wlt.h his cbriect$ons in the officesof the 3ecretarv 0-f State and nlve no tice tbereoffn bl c .XO lsmatlo -a’ith twentl- davs after such ad.iourcment .I’

Since the bill contained an emergency clause and re- ceived the required two-thirds majority vote of both Houses on final passage in order to render the snme effective as an emer- gency measure, and since the Governor failed to .“file the same with his oblectlonq in the office of Secxetary of State”, it is the opinion of this department thlt the same became effectlve,as *2 _ ,._:. ‘.‘%.. i

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Department of Agrlctilture, the same was an emergency measure on May 18, 1943, the day w lthout the riled ln the office of the Secretary of State Governor’s objections.

Yours very truly ATTORNEY GISNERAL OF TEXAS By /s/ E. G. Pharr E. G. Pharr, Assistant

:iPPROVED JUN 21, 1943

/s/ .Gerald C. Mann

;i=TORNtiY GENE&L OF TE.X.iS

iQPROVi3D: OPINION COMMITTEE

BY: BWB, CH.+IRMAN