The Laws of Texas, 1937-1939 [Volume 31] Page: 111 of 1,313
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FORTY-FIFTH LEGISLATURE-FIRST CALLED SESSION. 1839
URGING SUBMISSION OF THE SUBJECT OF LIQUOR
CONTROL LAWS TO THE SPECIAL SESSION.
H. C. R. No. 22.]
HOUSE CONCURRENT RESOLUTION.
WHEREAS, In the closing days of the Regular Session of
the Forty-fifth Legislature, House Bill Number 5, being a measure
amending the Texas Liquor Control Act, was referred to a
Conference Committee of the House and the Senate; and
WHEREAS, Owing to the inadequacy of time allowed the
Committee for the accomplishment of its task, the Committee
was required to prepare its.report in extreme haste; and
WHEREAS, A number of errors were made in the final draft
of the Committee report which was subsequently enacted and
signed by Governor James V. Allred on June 8, 1937; and
WHEREAS, The said House Bill Number 5 as finally enacted
contained in a number of its sections cross references to other
sections which said cross references are designated by the wrong
number; and
WHEREAS, In other sections there are superfluous words
that result in conflict of provisions and penalties applicable to
certain offenses; and
WHEREAS, There are duplicating penalties in Article I and
Article II of the Act, carrying a variance in the extent of punishment
provided by law, creating ambiguity and doubt as to
how the courts may construe the intent of the Legislature; and
WHEREAS, The conflicts and erroneous references create
serious doubt that intended violations of the law would be punishable
by a criminal prosecution; and
WHEREAS, A particular Section pertaining to issues that
may be submitted in local option elections has been made ambiguous
by said errors; and
WHEREAS, The result of errors may and probably will hinder
enforcement of the Texas Liquor Control Act and produce
long and costly litigation which was contrary to the intent of
the Legislature in amending the said Texas Liquor Control Act;
and
WHEREAS, It is especially important that the Liquor Laws
of this State be clear and understandable since they so vitally
affect the whole of our social well-being; now, therefore, be it
RESOLVED, That the House of Representatives, the Senate,
concurring, hereby and herein petitions the Honorable Governor
James V. Allred to submit in this, the First Called Session of
the Forty-fifth Legislature, a bill designed and prepared to correct
and remove the errors in the said House Bill Number 5 as
finally enacted; and be it further
RESOLVED, That it is the sense of both Houses of the Legislature
that the measure so submitted should be for purposes of
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/111/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .