Journal of the House of Representatives of the Regular Session of the Fortieth Legislature of the State of Texas Page: 264
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264 ROUSE JOURNAL
men and women who served in the World
War; providing for a committee to de-
sign, select and install the tablet herein
provided for; making an appropriation
for all expenses incident thereto, and
declaring an emergency."
Referred to Committee on Appropria-
tions.
By Mr. Jacks, Mr. Davis and Mr. Mc-
Combs :
H. B. No. 399, A bill to be entitled
"An Act repealing Articles 3959 and
3960, of Title 63, of the Revised Statutes
of the State, 1925, and being a part of the
Acts of the 1923 Legislature; providing
that buildings owned by the State or by
any city, county or school district should
be required to place fire escapes thereon
as provided by the said act, and repeal-
ing any other portion of the said act,
being Title 63 of the Revised Statutes
of 1925; providing that the Attorney
General or county attorney may enforce
the same against the officials, or board
of commissioners in charge, by injunc-
tion and other process, and repealing any
portion of Article 3956 of said title, rela-
tive to school houses, and declaring an
emergency."
Referred to Committee on State Af-
fairs.
HOUSE JOINT RESOLUTIONS ON
FIRST READING.
The following House joint resolutions,
introduced today, were laid before the
House, read severally first time and re-
ferred to Committee on Constitutional
Amendments :
By Mr. Harman, Mr. Daniel, Mr.
Johnson, Mr. Young, Mr. Sutton, Mr.
Hall, Mr. Hornaday, Mr. Kemble and Mr.
Jones:
H. J. R. No. 24, Providing for a con-
vention to frame a Constitution for the
State of Texas.
By Mr. Stevenson:
H. J. R. No. 25, To amend Article 8
of the Constitution by adding thereto
Section la, providing that the sources
of income derived from taxation may be
divided, in whole or in part, so that
there may be a different source of taxa-
tion for the maintenance of the State
Government and the maintenance and ex-
penses of the political divisions of the
State; also that there may be different
rates of taxation and different classes
of property; also that the State may
make provision for the payment of in-terest and sinking fund charges on bonds
where taxes have been remitted to pay
such charges and where such remission
of taxes may become insufficient to meet
such charges.
COMMUNICATION FROM ATTORNEY
GENERAL.
On motion of Mr. Woodall, the follow-
ing communication from the Attorney
General was ordered printed in the
Journal:
January 28, 1927.
Hon. Benjamin Woodall Chairman of
Committee on School Districts, House
of Representatives, Austin.
Dear Mr. Woodall: In your communi-
cation of January 21, you submit for an
opinion the following questions:
"1. Does the Legislature, under the
Constitutional amendment, have author-
ity to consider legislation tending to the
establishment of independent school dis-
tricts in this State?
"2. Does the Legislature of Texas
have power to repeal, alter or change
legislation already enacted prior to the
adoption of the amendment?"
You state that there is now pending
before the Legislature, a bill seeking to
repeal a special law of the Thirty-ninth
Legislature, creating an independent
school district.
We have had several inquiries from
various members of the Legislature pre-
senting many phases of the question in-
volved as to the authority of the Legisla-
ture in the matter of creating, repeal-
ing and amending previous special acts
creating independent school districts. I
have, therefore, given the entire subject
matter very careful consideration, and
present in this opinion an answer to all
questions which I think will arise grow-
ing out of the recent constitutional
amendment, which prohibits the Legisla-
ture from passing any special law creat-
ing an independent school district.
Prior to the adoption of the amend-
ment, the Constitution granted the Leg-
islature power "for the formation of
school districts by general or special
law, without the local notice required in
other cases of special legislation." (Ar-
ticle 7, Section 3.)
Article 3, Section 56, then provided,
and still provides, that the Legislature
shall not, "except as otherwise provided
in this Constitution, pass any local or
special law regulating the affairs" of
school districts.264
HOUSE JOURNAL.
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Fortieth Legislature of the State of Texas, legislative document, 1927; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193836/m1/268/: accessed June 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.