Untitled Texas Attorney General Opinion ( 1951 )

June 28, 1951
Hon. Allan Shivers Opinion No. V-1197.
Governor of Texas
Austin, Texas Re: Questions concerning the
validity and effect of House
Bill No. 190 relating to op-
erations of soil conserva-
-Dear Governor: tion districts.
Your letter requesting our opinio’n relative to the above
captioned matter reads as follows:
WI will appreciate your opinion on the following
~‘questions in connection with the above numbered bill:
“(1) The caption begins ‘amending House Bill
No. 97, Acts of the Fifty-first Legislature, . . . etc.’
Thera~-is nothing following the enacting clause to indi-
cate that this proposed legislation amends existing
statutes. Question: Is therr a fatal conflict between
the caption and the body of the Act?
“(2) Section 4 of the Act authorines the employ-
ment of auditors and prescribes the duty ~of the ayditors
but makes no reference to accounts of ‘the Soil Gonser-
vation District’s being audited by the State Auditor..
‘Question: Under this Act, can the State Auditor con-
tinue to audit the accounts of the Soil Conservation Dis-
tricts 7
‘I must act on this bill not later than June 28th
and will appreciate your advice prior to that time.”
The caption of House Bill No. 190 states that it is “an
Act amending House Bill No. 97, Acts of the Fifty-first Legislature,
Regular Session, 1949, . . .‘I The body of the bill does not state that
it is amending said House Bill, and in reality does not do SD except
by necessary implication snd then only as to certain provisions of
House Bill No, 97, Acts’Slst Leg., R,.S. 1949, ch. 540, p0 1000, that
are in conflict with the provisions of Housr Bill No. 190, Acts 52nd
Leg., R.S. 1951.
It is our opinion that there is no, fatal conflict between
,the caption and the body of House Bill No. 190. We have carefully
,
Hon. Allan Shivers, Page 2 (V-1197)
examined the caption of House Bill No. 190 in connection with the
body of the bill and have concluded that the Act constitutes a com-
plete bill within itself and that the caption is sufficiently broad to -
cover the various provisions contained in the body of the bill. The
portion of the caption of House Bill No. 190 which states that it is
amending House Bill No. 97 should be rejected as surplusage. 1
Sutherland on Statutory Construction (3rd Ed, 1943) 328.
We have also compared the provisions of House Bill
No. 190 with the provisions of House Bill No. 97 of the 51st Legis-
lature and find that certain provisions of both bills are in harmony,
that certain portions of House Bill No. 97 have been re-enacted as
a part of House Bill No. 190; and that a portion of the provisions of
House Bill No. 190,are in direct conflict with the provisions of House
Bill No. 97. We further find that there are certain provisions of
House Bill No. 97 the substance o,f which is not covered or touched
upon by the provisions of House Bill No. 190. ‘,
It is our, opinion that House Bill No. 190, if it becomes
law, would be valid; that the prov,iqions thereof are in pari materia
with the provisions of House Bill No. 97; and that both Acts should
be construed together to mahe a, harmo ious .whole. Townsend v,
‘Terrell, 118 Tex. 463, 16 S.W.2d 1863, P1429).’ Of course, as H ouse
Bill No. 190 is the latest expression of the Legislature, the provi-
sions thereof, in case of an irreconcilable conflict with the provi-
sions of Ho,use Bill No. 97, wo,uld control over and impliedly repeal
the provisions of House Bill No. 97 ,which are in irreconcilable con-
flict. Att’y Gen. Op. V-990 (1950) and authorities there cited.
It is our opinion that if House Bill No. 190 becomes a
law, the State Auditor can still audit the acco~unts of the soil con-
servation districts as provided for in Section 3 of House Bill No. 97.
House Bill No. 190 provides for, annual ,audits’ to be prov~ided by the
supervisors of the soil conservation districts. Howeve’k’; it is our
opinion that these two provisions are not in conflict with each other
and that Section 4 of House Bill No. 190 does not impliedly repeal
Section 3 of Hous,e Bill No. 97, Acts 51st Leg., R.S. 1~949. ch. 540,
p0 1000.
SUMMARY ‘~
Ther,e is no fatal conflict betwean the caption
.
and the body of Hause Bill No. 190, Acts 52nd Legis-
lature, relating to soil, conservation districts. ‘House
Bill No. 190 and House, Bill No. 97% Acts 51st Legis-
lature, should be construed together as they are in.
pari materia. Since House Bill No. 190 is the latest
expression of the Legislature,, in, cas,e of conflicting
Hon. Allan Shivers, Page 3 (V-1197)
provisions, the provisions of House Bill No. 190 will
control. Att’y Gen, Op. V-990 (1990). If House Bill
No. 190 becomes law, the State Auditor can continue
to audit the accounts of the State soil conservation
districts.
Yours very truly,
PRICE ,DANIEL
Attorney General
APPROVED:
Everett Hutchinson Assistant
Executive Assistant
Charles D. Mathews
First Assistant
WVG/mwb