Texas Attorney General Opinion: O-5467 Page: 3 of 4
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lenorable John . Winters - page 3 '
Your inquiry should be answered in the negative. .The
lthority is not as'broad as your indicated interpretation of
it appears to be. In other words, the general purpose of the
jet is to authorize the destruction -- not of all records in
the departmental custody which have no value and are of no
rvrther use to the department -- but rather, the power of de-
struotion extends no further than to certain records of the
Terxse elief Commission 'for the years 1932 to September 1,
IP39 * *O e and all duplicate Old Age Assistance records ac-
gcnilating for the year 1930 through October, 1938.' In the
rant of authority there is an express limitation of that power.
The lp.nguage, o* * * and to make a list of all records in its
tosession and custody which have no value and further use, and
to submit such list thoreof of records no longer needed and
worthless', are not words of enlargement but the language em-
traces only the "certain records" as to which the power to de-
stroy is given, as above shown.
To enlarge the power of the Board ex necessitate rel
es it appears your interpretation is, would render the Act void,
even though such extension was clearly expressed in the body of
the bill, since to do so would put the Act in violation of Sac-
tIon 35 of Article III of the Constitution, which declares:
'No bill, (except general appropriation bills
which may embrace the various subjects and accounts,
for and on accountor which moneys are appropriated)
shall contain more than one subject, which shall be
expressed in its title. But if any subject shall be
embraced in an act which shall not be expressed in
the title, such act shall be void only as to so much
thereof as shall not be so expressed.'
The title to Senate Bill No. 250 ist
'AN ACT directing the tat.e Department of Public
Welfare to prepare a list of certain records of the
Texas Relief Conission for the years 1932 to Septem-
ber 1, 1939, and all duplicate Old Age Assistance
records accumulated for the years 1930 through October,
193$, to be submitted to the Texas Library and Istori-
cal Commisseion for examsnation: directing suc!h Co:rmis-
sion to acquire such records as are wanted by them
within five days after delivery of such list; direct-
ine State Dlartront of Public Welfare to transfersaid useless records not wanted by the Texas Tibrary
and rl'storical Cor'issionn to the state Board of Con-
trol for sale and destruction; and declaring an exror-
gency.'turn
O- -.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5467, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262741/m1/3/: accessed July 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.