Untitled Texas Attorney General Opinion

/- 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