Texas Attorney General Opinion: O-564 Page: 2 of 3
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Eon. Clark Wright, Page 2
Article 646, Revised Statutes, is:
"The Board shall in all Oases reserve the
right to reject or accept any and all bids, or
reject in part if it prefers, and in such case
they nay buy in the open market until a satis-
factory bid Is offered."
Evidently, the purpose of the legislature in estab-
lishing first the state purchasing agent and later the State
Board of Control was to secure for the state the best prices
possible.
.our Supreme Court has recently in Caples v. Cole
104 S. U41 03, 189 Tax. 370, decided the effect of resolutions
by the use of the following languages
"It is plain that the resolution not only
undertakes to interpret or eeastrue what the
original not contained but also to read into
said law words and intentions not expressed in
the original act. Statutes annot be amended
in that manner. Resolutions play their part
in our legislative history, and are often re-
sorted to for the purpose of expressing the will
of the legislature, but statutes cannot be amen -
ed by resolution, Statutes may be interpreted
or construed by the same or suoeseding legisla-
tures in the manner provided by the constitution
and while such procedure is not controlling it
is persuasive with the courts in construing sta-
tutes. The constitution has clearly prescribed
the methods to be pursued in the enactment of
laws and their amendments. The resolution does
not meet the requirements prescribed by the oon-
stitution and, therefore, cannot be considered
as amending the 1931 act. We must interpret
the original acnot as written."
Again in the City of Waco v. fcCraw, 99 8. W. ()
711, 127 Tex. 868, the oourt says
"It is true that it is proper to look to
all parts of the legislative act, including the
body of the act, the captio and the emergency
clause to ascertain the legislative intent, and
when such intent is once ascertained, it is thelaw. In spite of this, rule, we think the words
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-564, text, August 28, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257746/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.