Texas Attorney General Opinion: MS-198 Page: 2 of 2
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Honorable Allan Shivers, page 2 (MS-198)
on the former in subject-matter, purpose or meaning that
they cannot stand alone."
We may take note of the fact that the duties and working con-
ditions of firemen and of policemen are not identical, that the number
of hours usually required of these two groups is not the same, and that
the necessity for regulation may be more compelling in one case than in
the other. There is not such a close relationship between the groups
that one would not likely be the subject of legislative regulation with-
out the other. This is evident in the present bill, where the Legisla-
ture has provided for a further regulation of the hours of firemen through
local elections without including policemen in these provisions. It is
also evident in other legislation enacted in the past, wherein the Legis-
lature has set up separate pension systemsfor each group and has provided
a pension system for firemen which is supported in part by the State with-
out providing a similar system for policemen,
Elimination of the void portion of House Bill 54 does not en-
large its scope or remove limitations and conditions on the operation of
the remainder of the bill, as was the case in Texas-Louisiana Power Co. v.
City of Farmersville, 67 S.W.2d 235 (Tex.Comm.App.). Nor are the provi-
sions relating to firemen and those relating to policemen "so mutually
connected with and dependent on each other as conditions, consideration,
or compensation for each other as to warrant the belief that the Legisla-
ture intended them as a whole, and would not have enacted one or more of
them if the others could not be Joined and carried into effect." Gerhardt
v. Yorktown Independent School Dist., 252 S.W. 197 (Tex.Civ.App. 1923).
It cannot be said that the Legishure would not have enacted this bill
with respect to firemen independently of similar legislation with respect
to policemen. It is therefore our opinion that the bill, if enacted into
law, would be valid insofar as it affects the working hours of firemen.
Yours very truly,
JOHN BEN SHEPHERD
Attorney General
Fred Jones
JFJ :wb Assistant
* 1933.
APPROVED:
Enos Jones, Reviewer
J. A. Amis, Reviewer
Robert S. Trotti, First Assistant
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-198, text, April 14, 1955; (https://texashistory.unt.edu/ark:/67531/metapth276707/m1/2/: accessed July 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.