Texas Attorney General Opinion: V-277 Page: 2 of 3
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Honorable Joe Nelson, Page 2 V- 277
said vote to be taken by yeas and nays, and entered upon
the journals "
When the last vote on House Bill No. 21 was taken in the Senate on
May 7, 1947, there were 30 elected members of the Senate. The vote was
17 yeas and 5 nays. On May 13, 1947, when the last vote was taken in
the House on that said Bill, there were 147 elected members of the
House of Representatives. The vote in the House was 86 yeas and 35
nays. That law was not passed by a vote of two-thirds of the elected
members of each House, by reason of which it will take effect 90 days
after adjournment of the 50th Legislature on June 6, 1947.
We areassuming that your reference to Article 6674q really means
Article b674q-7 of Vernon's Civil Statutes and to sub-section h of
that section, which will remain in effect and serve as your guide until
House Bill No. 21 supersedes. That sub-section requires that:
"(h) On September 1st of each year after the Board has paid
off and discharged all eligible obligations maturing during
the preceding fiscal year, together with the interest on
such obligations and the sinking fund requirements accuring
thereon and of the County and Road District Highway Fund,
any surplus remaining in said fund over and above Three
Million ($3,000,000.00) shall be set aside and credited."
... .1 one-half to the State Highway Fund and one-half
to the Lateral Road Account ....
"Not later than September 15th of each year the said Board
shall ascertain the exact amount of money which has been
allocated to the said Lateral Road Account for such fiscal
year and which at that time is available. The Board shall
allocate to each county its proportionate part of the moneys
in said Lateral Road Account, which allocation shall be
determined in the following manner": Then the method of
distribution is set out, but is not material to your inquiry.
Summrized, the law requires that the Board make the division between
the State Highway Fund and the Lateral Road Account on September 1st,
and make the allocations to the counties not later than September
15th of each year. If such allocations be made by the Board before
September 5, 1947, sub-section h of Article 6974g-7 applies to such
action; if made on or after September 5, 1947, when House Bill No. 21
becomes effective, the provisions of that law must be applied to such
allotments.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-277, text, June 28, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265098/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.