Texas Attorney General Opinion: O-6728 Page: 1 of 2
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564
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN 1
GROVER SELLERS
ATTORNEY GENERAL
soerable John 3. Shook
Larial District Attorney
Igrl County
m Antonio, texsa
Aif: *r. L. J. Gittinger
imar Sir: Opinion No. 0-6728
Re: Whether S. B. 246 o I B. 849,
Acts 49th Legislat , Regular
session, 1945, appl ao baexar
Conty.
Ve acknowledge receipt of your niani at to whether
g, 5. 246 or I[. 5. 849 determines the a es of off alsof Bexar
anty. Both of these bills wevoe *n ed ths ear by t e th Leg-
talatur, and both are applicable to to Bexar ty.
senate Bill 246 passed both House of e gi ture by a cord
vote of more than two-thirds of fa ueld as filed in the of-
flee of the Beeretary of Sta on t da f June, 1945. Rouse
gill 849 vwas passed by thvHoune by areco tvo-thirds vote but vas
passed by the Senate by,. viva tpe voTe. It was filed in the office
of the Secretary of S te he) Oth d *Eay, 1945. Both bills
nse filed by the Go orn rvi outhis s h b* Both bills fix the
salaries of the same ty offer and y are irreconcilable in-
soeras s they )gh app Be C ty.
26ctlon 9 of Atitle 3'of.the Texas Constitution provides:
( lav praed by\the Vegislature, except the general
ap1topriation ach, shall-take effect or go into force
until ninety days fter the adjourn ment of the session
at vbhich it was enacted, unless in case of an emergency,
vbich emetgenet must be expressed in a preamble or in the
body of theact, the Legislature shall, by a vote of-two-
thirds of all the members elected to each House, otherwise
direct; sad vote to be taken by yeas and nays, and entered
upon the journals."By reason of this provision, t. B. 849, which was enacted
in May, 1945, will not become effective until ninety days after ad-
Journment of the 49th Legislature, which is September 4, 1945, be-
caUse there vas no record vote on final passage of the bill in
the Senate. On the other hand, S. B. 246 became effective on
June 2, 194-, when it was filed with the Secretary of State, because
it contained an emergency clause, and it was passed by a record vote
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6728, text, January 31, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264005/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.