Texas Attorney General Opinion: O-351 Page: 2 of 5
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Governor W. Lee ODaniel, March 1, 1939, Page a
However, the body of the Bill applies to f independent
school districts in counties having a" population of f~rc 17,000 to
17,500, and does not li.it its application to county line independ-
ant school districts as defined in the caption. That part of the
body of the Bill with which we are concerned read as follows:
"That all levies and ass6saments of ad va-
lores taxes heretofore made by the governing
body of any independent school district in this
State, in counties haing a population of not
less than seventeen thousand (17,000) and not
more than seventeen thousand five hundred
(17,500), according to the last preceding Fed-
eral Census, nt in excess of the limit now pro-
vided by law, which are void or unenforceable
because such levies were made and adopted by
resolution, motion or other informal action,
instead of having been made by order as required
by the Statutes of this State; * ' 4 ae each and
all hereby validated, ratified apnrovid, conf'irm-
ed, and declared enforceable, *
tther or not this caption is sufoileant is governed by
Article III, Section 35, of the Constitution of Texas, which reads
"No bill, (exeept general appropriation
bills, which may embrace the varioue subjects
and acounts, for and on account of which mon-
eys are appropriated) shall contain more than
one subject, which shall be expressed in its
title. 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 muoh
thereof, as shall not be so expressed."
The attitude of the courts of this State in regard to
Bills providing for more than is expressed in the caption is well
stated in the case of Ex parte Heartaill (Tex. CGrim. App.) 38 S.R.
(24) 803, as follows:
"All laws passed by the Legislature of
this state originate in bills, upon each of
which must appear a caption or title, and
section 35, art. 5, of our Constitution for-
bids that any bill, with certain exceptions,
shall contain more than one subject, which
shall be expressed in its title. It has been
held by the courts that when the express ver-
biage of such title limits and restricts the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-351, text, 1939; (texashistory.unt.edu/ark:/67531/metapth257536/m1/2/: accessed January 18, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.