Article III, Section 30 of the Texas Constitution ("Laws Passed by Bill; Amendments Changing Purpose Prohibited")

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Adopted February 15, 1876:

No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House, as to change its original purpose.

Editor Comments

Note that the Texas Attorney General, in Tex. Att'y Gen. Op. DM-263 (1993) (citations omitted), opined that: "More importantly, even if a court were to conclude that the intent of the Senate committee substitute was completely contrary to the original intent of H.B. 241, it is well-established that courts will not 'go behind [a] bill, signed, enrolled, and approved by the governor, to inquire into the changes which it underwent while passing the legislature.'. . . A commentator has explained that article III, section 30, 'is not enforceable by the courts because the enrolled bill doctrine shields its noncompliance from judicial review.'"

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Caples v. Cole, 102 S.W.2d 173, 176-77 (Tex. 1937) ("It is plain that the resolution not only undertakes to interpret or construe what the original act contained, but also to read into said law words and intentions not expressed in the original act. Statutes cannot be amended in that manner. . . . The Constitution has clearly prescribed the method to be pursued in the enactment of laws and their amendments. This resolution does not meet the requirements prescribed by the Constitution, and therefore cannot be considered as amending the 1931 Act. We must interpret the original act as written. Article 3, sections 29, 30, and 36, of the Constitution of Texas.")

Library Resources

Online Resources