Ex Parte Bernard Eugene Crisp, Jerry Michael Miles, Joe Lee Sewell. ex Parte Bruce Dudley Carter

Summary

The Court held that the caption of House Bill 730, "An act relating to offenses and criminal penalties under the Texas Controlled Substances Act," failed to give fair notice of the bill's substantive changes and therefore violated Tex. Const. Art. III, §35, rendering the amendment unconstitutional. Consequently, the amendment is void and the Texas Controlled Substances Act remains in force as if H.B. 730 never existed, so the appellants' indictments under the pre‑amendment law are affirmed. Justice Campbell dissented, arguing that the majority’s new "fair notice to the average reader" standard improperly narrows longstanding precedent, while Judge Clinton concurred, agreeing that the caption was insufficient.