Untitled Texas Attorney General Opinion ( 1986 )

/-
The Attorney General of Texas
JIM MAlTOX June 19, 1986
Attorney General
Supreme Court Building Honorable Bonnie Leggat Opinion No. JM-503
P. 0. BOX 12548
Austin, TX. 78711. 2546
Criminal District Attorney
5121475-2501 P. 0. Box 776 Be: Whether the provision of the
Telex 910/874-1357 Marshall, Texas 75670 Court Administration Act, article
Telecopier 512/475-0286 ZOOa-1, V.T.C.S., relating to grand
jury terms, repeals subdivision 71,
714 Jackson, Suite 700 of article 199, V.T.C.S.
Dallas, TX. 75202W
2141742-S944 Dear Ms. Leggat:
You ask whetllorthe Court Administration Act, codified as article
4S24 Alberta Ave.. Suite 180
El Paso. TX. 799052793 200a-1, V.T.C.S., repeals the provision relating to grand jury terms
915/533-34s4 in former subdiv:;sion71, article 199, V.T.C.S. It is our opinion
that the legislatxce did not intend to change the grand jury terms of
the 71st Judicial District by the enactment of the Court
/cgol Texas, Suite 700 Administration Act.
cs?,“. TX. 77002~3111
:1W222-5664
A grand jury in a state district court is selected and impaneled
and serves for a s:pecificterm of court. -See Code Grim. Proc. arts.
808 Broadway, Suite 312 19.06, 19.07, 19.13, 19.17, 19.41.
Lubbock. TX. 79401-3479
SOW747~5238
Article V, section 7. of the Texas Constitution, authorizes the
legislature by general or special law to provide the terms of court
4309 N. Tenth. Suite S that it deems xcessary for the district courts. Prior to the
McAllen, TX. 75501-1685 amendment of art,icle V, section 7, in November, 1985, section 7
51218824547 required at least two terms of court in each county during each year.
The 1985 amendment deletes the requirement that there be at least two
Ztkl Main Plaza, Suite 400 terms of court. Former statutes now recodified as the Government
San Antonio, TX. 782052797 Code, Title 2, section 24.012, provide that each district court shall
512/2254191 hold at least two terms of court each year in each county in the
district. Accordingly, the legislature specified the number and the
An Equal Opportunity/
dates of the telms of court for each judicial district created by
Afflrmetive Action Employer former article 199, V.T.C.S., and by the Judicial Districts Act of
1969, formerly t,odified as article 199a, V.T.C.S. Many of those
district courts have two terms, and the terms begin on the first
Mondays in January and July. For instance, the Judicial Districts Act
of 1969 provides that the courts created by that act have terms which
commence on the first Mondays in January and July unless the
provisions of thittact applicable to the specific judicial districts
expressly provid<:other and different terms of court for a judicial
district. -See Govt. Code Title 2, ch. 24, subch. C, §§24.302, 24.358.,
p. 2309
Honorable Bonnie Leggat - Page 2 (JM-503)
The issue is whether the terms of court specified in section
24.173 of the Government f:ode are changed by section 5.006 of the
Court Administration Act. The legislature did not expressly repeal
any part of article 199, \.T.C.S., or of the Government Code in the
bill that enacted the Court Administration Act. See Acts 1985, 69th
Leg., ch. 732, 15, at 5309. A law not expressFrepealed may be
repealed by implication, and the bill in question states that all laws
inconsistent with or in conflict with the Court Administration Act are
repealed. -Id. 16, at 5310.
The judicial title of the Government Code, enacted in 1985, is a
nonsubstantive recodificat.ion of the statutes relating to the
judiciary. The provisiona of former article 199, subdivision 71,
defining the geographic artza and terms of court of the 71st Judicial
District, are recodified in the Government Code as follows:
524.173. 71st Judicial District (Harrison County)
(a) The 71st Judicial District is composed of
Harrison County.
(b) The terms of the 71st District Court begin on
the first Mondays in January, March, May, July,
September, and llclvemberand continue until the
Saturday before the next succeeding term begins or
until the court h.ssdisposed of the business for
that term.
Section 5.006 of the 'Court Administration Act, enacted at the
same legislative session, Provides:
The terms of e.11courts covered by this chapter
begin on the first Monday in January and the first
Monday in July o:Ieach year, except as may other-
wise be provide'i by law. Each term of court
continues until &e next succeeding term begins.
(Emphasis added).
"All courts covered by this chapter" in section 5.006 includes
district courts.
The dominant consideration in construing statutes is the intent
of the legislature. -. See Calvert v. Texas Pipe Line Company, 517
S.W.2d 777 (Tex. 1974). 1,:is well settled that two statutes dealing
with the same subject mattar will be construed together. If there is
no positive repugnance ktween the two statutes, they will be
harmonized and construed to give effect to both. See Brown v.
Patterson, 609 S.W.2d 287 UTex. Civ. App. - Dallas 1980,Twrit).
p. 2310
Honorable Bonnie Leggat - Iage 3 (JM-503)
It is our opinion tt,at the provisions of former article 199,
subdivision 71, and present section 24.173 of the Government Code
which specify six terms for the 71st District Court are not
inconsistent with the CcnIrt Administration Act. Section 5.006
provides terms of court where the legislature has not by law otherwise
provided the terms of court. Section 24.173(b) is one of the
instances in which the logtslature by law otherwise specified the
terms of court that are applicable to a particular district court.
SUMMARY
The Court Ads,inistration Act does not change
the terms of court provided for the 71st District
Court by section 24.173(b) of the Government Code.
JIM MATTOX
Attorney General of Texas
JACK HIGETOWBR
h
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General
p. 2311