No. V-0055 (1947).

• Case Date: February 27, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0055 (1947). 1February 27, 1947Honorable Tom Martin, ChairmanGame and Fish CommitteeHouse of RepresentativesFiftieth LegislatureAustin, TexasOpinion No. V-55Re: Constitutionality of House Bill No. 223, 50th Legislature.Dear Sir:In your letter of February 5, 1947, you have requested an opinion from this office relative to the constitutionality of House Bill No. 223, 50th Legislature. Therewith, a copy of this bill submitted, and inasmuch as you have undoubtedly retained a copy, this opinion need not be burdened with questions therefrom. In a consideration of the constitutionality of a bill which has not been challenged on some specific ground, some four well-settled constitutional principles are applicable and it should here be determined whether the bill (1) is sufficiently certain and definite in its terms, (2) pertains to only one subject which is properly expressed in the title, (3) the bill's provisions are within the scope of legislative authority and do not violate any express or implied prohibition of the Constitution of the State of Texas, and (4) if the bill is within such legislative authority, whether its terms constitute an undue delegation thereof. These will be specifically considered in the order named. That laws must be certain and definite to be valid is fundamental and this rule is said to require that an act must be sufficiently plain in its language to be understood by those affected by it. Baltimore & Ohio Ry. Co. vs. I. C. C., 221 U. S. 612; State vs. International and G. N. Ry. Co., 179, S.W. 867; Bradford v. State, 180 S.W. 702, and authorities therein cited. It is not deemed necessary to elaborate on the application2of this rule to the bill presented. Suffice it to say that the terms of the bill should present no difficulty to the understanding of the Commission or of persons affected thereby, its provisions appearing sufficiently clear to enable the Commission to properly administer the act and to apprise persons interested in its subject matter of their rights and duties and the necessary procedures regarding their taking of wild-life in Texas as it is defined in Section 15 of the bill. It is noted that a line was apparently omitted in Section 2 between the second and third lines. Regarding the object or subject of the bill, it is clear that, in accordance...