Attorney General Opinion WW-0693

THEAVTORNEY GENERAL OFTEXAS AUSTXN 11. TEXAS W1I.I. FVILSON A-rroRN*:Y GIENERAL August 31, 1959 Honorable Robert S. Calvert Comptroller of Public Accounts Capitol Station Austin, Texas Opinion No. WW- 69 $ Re: Effective date of H.B. 14, 3rd C.S., 56th Leg., and Dear Mr. Calvert: related questions. You have requested an opinion on the effective date of House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959. Your specific questions read as follows: "Is it effective immediately upon the approval by the Governor? Or, is it a ninety- day bill? "Is the appropriation provision effect- ive immediately upon the approval by the Governor and the other smendatory section effective ninety days after adjournment?" The effective date of House Bill 14 depends on it is an appropriation bill simply setting aside a sum lit money and providing the means for its expenditure, ther it is a general law containing an appropriation. whether of pub- or whe- The caption of House Bill 14 provides as follows: "An Act to provide Three Hundred and Thirty-three Thousand Dollars ($333,000) for additional expenses of the Fifty-sixth Legislature by amending Section 2 and Sec- tion 2a of Chapter 241 (House Bill No. 755), Acts, 1935, Forty-fourth Legislature, Regu- lar Session as amended by Section 2 of Sub- division (bj of Section 1, Chapter 1 (House Bill No. 2) Acts, 1950, Fifty-first Leglsla- ture, First Called Session as amended by Honorable Robert S. Calvert, page 2 (W-692) Section 1 of Article 1 of Chapter 404 (House Bill No. 660), Acts 1955, Fifty-fourth Legisla- ture, Regular Session, as amended by Section 3 of Chapter 1 (House Bill No. l), Acts, 1959, Fifty-sixth Legislature, Regular Session, as amended by House Bill No. 22, Acts 1959, Fifty-sixth Legislature, Second Called Ses- sion (codified in Vernon's Civil Statutes as Section 2 (e) of Article 7047c-1) so as to di- vert said amount from cigarette tax collections to the Legislative Expense Fund, amending Section 5 a of Chapter 1, Acts, 1959, Fifty-sixth Legisla- ture, Regular Session, so as to prohibit the ear- marking of funds by motion or Resolution by uni- lateral action of either House, appropriating such moneys for the Fifty-sixth Legislature's expenses; prescribing the per diem and mileage rates of Legislative Members of interim committees and other agencies of the Legislature; and de- claring an emergency." Section 1 of the Act amends certain Sections of Article 7047c-1, Vernon's Civil Statutes, a general law providing for the levy and collection of certain taxes. Section 1 of House Bill 14 provides for the allocation of certain revenues derived from the tax levy of Section 2 of Article 7047c-1. Sections 2 and 3 of House Bill 14 amend House Bill 1, Acts of the 56th Legislature, Regular Session, 1959, Chapter 1, page 1, which is an act creating the Legislative Expense find and providing for the expenses of the 56th Legislature by amend- ing Article 6687b, Vernon's Civil Statutes and Article 7047c-i, Vernon's Civil Statutes. Section 4 of House Bill 14 appropriates moneys trans- ferred into the Legislative Expense Fund for the purposes described in Section 5 of House Bill 1, Acts of the 56th Legis- lature, Regular Session, 1959, Chapter 1, page 1. An appropriation bill cannot repeal, modify or amend an existing general law. Conley v. .Daughters of the Republic, 151 S.W. 877, (1912) Linden v. Finley, 92izx. m. 49- S.W. 578 (1899;; starve v. Steele, ii 'l'ex. ~03 (1882); ALLG,-- ney General's Opinion WW-9b (1957). The appl,opriation con- tained in Section 4 of House Bill 14 would be invalid without Honorable Robert S. Calvert, page 3 (WW-692) amending the existing general law since such appropriation would be contrary to existing general legislation. The amend- ments to the existing general law necessary in order for the appropriation contained in Section 4 to be valid were made in Sections 1, 2 and 3 of House Bill 14. Since House Bill 14 amends provisions of the general law, it is out opinion that it is a general law containing an appropriation. Section 39 of Article III of the Constitution of Texas provides: "No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the ad- journment of the session at which it was enacted, unless in case of an emergency, which emergency must be expressed in a preamble or in the bode of the act, the Legislature shall, by a vote of two- thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." House Bill 14 was passed by a viva vote vote. There- fore, its provisions, including the appropriation contained in Section 4, are effective ninety days after the adjournment of the Third Called Session of the 56th Legislature. Caples v. Cole, 129 Tex. 370, 102 S.W.2d 173 (1937). SUMMARY House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959, amending Article 7047c-1, Vernon's Civil Statutes, and House Bill 1, Acts of the 56th Legisla- ture, Regular Session, 1959, Chapter 1, Page 1, is a general law containing an appropriation and is effective ninety days after date of adjourn- ment of the Third Called Session Honorable Robert S. Calvert, page 4 (WW-692) of the 56th Legislature, not having received the two-thirds record vote required by Section 39 of Article III of the Constitution of Texas. Yours very truly, WILL WILSON Attorney General of Texas JR:mfh APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman B. H. Timmins, Jr. Dean Davis William E. Allen Jay Howell REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore