Texas Attorney General Opinion: MS-203 Page: 2 of 5
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Hon. Allan Shivers, Page 2 (Opinion No. MS-203)
The caption2 of the bill, although exceedingly short and
expressed in general terms, satisfies the requirement of Section 35 of
Article Il of the Constitution3 in that it gives reasonable notice of the
subject matter of the bill. Lowery v. Red Cab Co., 262 S.W. 147 (Tax.
Civ. App. 1924, error ref.) Llkede7etre is but one subject embraced
in the bill. In this connection, we call your attention to the fact that
numerous cases have held that Section 35 should be liberally construed.
State v. The Praetorians, 143 Tax. 565, 186 S.W. 2d 973 (1945) and au-
thorities cited therein.
The enacting clause is in the form prescribed by Article III,
Section 29 of the Texas Constitution.
Chapter 1 of Senate Bill 97 is entitled "General Provisions."
Section 2 provides that the Code will govern all probate proceedings
brought on and after Ylanary 1, 1956, "and also all further procedure
in proceedings in probate then pending, except to the extent that in the
opinion ot the court, with respect to proceedings in probate then pend-
ing, its application in particular proceedings or parts thereof would not
be feasible or would work injustice, in which event the former proce-
dure shall apply." However, acts and accrued rights prior to the effec-
tive date of the act are expressly affirmed and preserved. We are,
therefore, of the opinion that thb: Code does not violate..Section 16 of
Article I of the Texas Constitution (prohibiting ex post facto or retro-
active laws) or the due process clauses of the State and Federal Con-
stitutions.,
The remainder of Chapter -I makes various changes in the
present law by providing for a uniform method of serving citation or
iing notice. Under the present law, there is a wide divergence of
2 AN ACT to establish and adopt a probate code for the State of Texas
by revising and rearranging the statutes of this State which pertain to
descent and distribution, wills, administration of decedents' estates,
actions to declare heirship, guardianship, and other probate matters;
and by making various changes in, omissions from, and additions to,
such statutes; defining the meaning of certain words and terms used in
the code; and fixing the effective date of the code; providing for the ap-
plication of the code; validating certain proceedings had under existing
and prior statutes; repealing statutes and all laws or parts of laws in
conflict with the code; containing a severability clause; and declaring
an emergency.S
3 "Sec. 35. No bill ... 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.,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-203, text, April 22, 1955; (https://texashistory.unt.edu/ark:/67531/metapth276712/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.