Untitled Texas Attorney General Opinion ( 1962 )

_ . \
E GENERAL
Honorable Jules Dsmiani Opinion No. ``-1376
Criminal District Attorney
Galveston County Re: Whether Section 19 of
Galveston, Texas Senate Bill 101, Third
Called Session, 57th
Legislature, repeals
Senate Bill 135,~Regular
Session, 57th Legisla-
ture, and related ques-
Dear Mr. Damiani: tlon.
You request the opinion of this office on the follow-
ing questions:
1. Does Senate Bill 101, Acts 57th Legislature,
Third Called Session, 1962, repeal Senate
Bill 135, Acts 5 th Legislature, Regular
Session, 1961? Lt oaified by Vernonas Artl-
cle 2338-167.
2. Does the Juvenile Board created by Senate
Bill 135 codified by Vernon as Article 5139Lg
become der unct on September 1, 1962, thus re-
quiring the constitution of a new juvenile
board by new a pointments of members as provided
in Section 8(aP of Senate Bill lOl?
Senate Bill 101, Acts 57th Legislature, Third Called
Session, 1962, chapter 64, page 171, is titled:
"An Act creating a Court of Domestic Re-
lations for Galveston County, Texas; fixing the
jurisdiction; conforming the jurisdiction of
other courts thereto; fixing its term; providing
the manner of selection, tenure and compensation
of the Judge and other officers of said Court;
providing the manner of and grounds for removal
of the Judge of said Court; providing the Juvenile
Board of Galveston County; providing for appeals
to higher courts; providing the procedure of said
Court; providing for the services of certain
county and district officers to said Court; con-
tafninf a saving clause; and declaring an emer-
gency.
Hon. Jules Damiani, page 2 (``-1376)
The law is settled that the Legislature has the power to
repeal a statute, and the power of repeal extends~to a previous
Act of the same session. 82 C.J.S. 470, Statutes, Sec. 279.
Jordan v. Crudgington, 149~Tex. 237, 231 S.W.2d 641 (1950),
involved an attack on the constitutionality of an Act creating
a Court of Domestic Relations and Juvenile Board In and for
Potter County (Acts 51st Leg., 1949, ch. 426, p. 792). Senate
Bill 101 undoubtedly Is valid legislation in view of its simllar-
ity with the Potter County Act and the majority opinion of the
Texas Supreme Court in the Jordan case sustaining the constution-
ality of the Potter County r
The title of Senate Bill 101 does not disclose that the
body of the bill contains a repealing provision, but this does
not invalidate the bill or the repealing clause on constitutlon-
al grounds pursuant to Section 35 of Article III, Texas Constitu-
tion. Referring to an Oklahoma constitutional provision which
is identical for all practical purposes to Section 35 of Arti-
cle III, the Supreme Court of Oklahoma stated the general rule
involved as follows:
"An act may incorporate a provision for
the repeal of an Inconsistent prior statute
or statutes on the same subject, although
such repeal is not indicated or referred to
in the title, without violatlng~a~constitu-
tional requirement that the subject of an act
be expressed In its title, since an intent to
repeal all laws inconsistent with the new
measure is necessarily Implied, and so need
not be expressed in the title. A repeal of a
statute or provision on a different subject may
not, however, be Included in an act without
being disclosed in the title!' Perry v. Carter,
48 P.2a 278, 281 quoting 29 c .J. Ulb,
Statutes, Sec.
The same principle was upheld by the Supreme Court of
Nebraska in Thompson v. Commercial Credit Equipment Corp., 99
N.W.2d 761, 767 [lm d th GalvestonCourt f A 1
Geffert v. Yorktown Ind$ende% School District: 28Fpi?ws $5,
4 Ci A 192b), reversed on other grounds 290 S.W. 1083
&;2:)?A::o, see 82 C.J.S. 370, Statutes, Sec. 219 and cited
cases.
Section 19 of Senate Bill 101 provides:
"All laws and parts of laws in conflict
herewith pertaining to the Juvenile Board of
Ron. Jules Damlani, page 3 (``-1376)
Galveston County, including Senate Bill No.
135, Acts of the 57th Legislature, Regular
Session, 1961, be, and the same are hereby
repealed."
This Section is an express repeal of Senate Bill 135.
Section 8(a) establishes a Juvenile Board in Galveston County,
and Section 20 provides that the effective date of theeAct
shall be September 1, 1962. Consequently, we answer both of
your questions in the affirmative.
SUMMARY
Senate Bill 101, Acts 57th Legis-
lature, Third Called Session, 1962,
expressly repeals Senate Bill 135,
Acts 57th Legislature, Regular Ses-
sion, 1951. The Juvenile Board
created by Senate Bill I.35 is abolish-
ed on September 1, 1962, and a new
board is authorized to be constituted
subsequent to that date by Section 8(a)
of Senate Bill 101.
Yours very truly,
WILL WILSON,
Attorney General of Texas
F. R. Booth
FRB:ms Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Bill Allen
Gordon Zuber
John Reeves
REVIEWED FOR THE ATTORNEY GENERAL
By: Leonard Passmore