The Attorney General of Texas
October 20. 1981
MARK WHITE
Attorney General
Supreme Court Sulfding
Honorable Tom Craddick, Chairman opinion No. MW-377
P. 0. Box 12543 Committee on Natural Resources
Austin, TX. 78711 House of.Representatives Rt?: construction of con-
5121475-2501 Austin, Texas 78711 current amendments to article
Telex SlOfS74-1367
2.01b Texas Election Code,
TelecODler 51214750266
Ann.
1507 Maln St.. Suite 1400 Dear Chairman Craddick:
Dallas, TX. 75201
21417428344
In your request for our opinion you raise~the following question:
4824 Alberta Ave.. Suite 160 Would a confirmation election, director election
El Paso, TX. 79005 or maintenance tax election held in conjunction
9l5L533a4s4 with the creation of a political subdivision
provided for by article XVI, section 59 of the
1220 Dallas Ave., SuIIe 202
'Texas Constitution, which furnishes water or sewer
Houston, TX. 77002 services to household users, be valid if conducted
713/S- on a date other than one of the uniform election
dates under the provision of Senate Bill 776?
SC6 Broadway. Sulie 312
Lubbock. TX. 79401
Article 2.01b of the Election Code requires. that elections be
303/747-5233 held oncertain uniform dates, but exempts certain specific types of
elections from this requirement. Prior to this session of the
legislature the only exempted eleCtions were run-off elections,
4309 N. Tenth. Sulle 8
political subdivisions using the convention method of election,
McAllen. TX. 78501
51216824547
"elections held under chapter 467, acts of the 44th Legislature, 2d
Called Session, 1935, as amended," &, local .option liquor
elections, elections for bonds and.school maintenance taxes, and the
200 Main Plaza, Suite 400 biennial party,primary elections.
San Antonlo. TX. 78203
51212254191
Senate Bill 776, which was finally passed by the legislature on
May 23, 1981, and signed by the governor on June 8, 1981, amends
An Equal OpportunItyI paragraph (1) of article 2.01b to exempt certain other elections from
AffIrmaWe Actlon Employer its provisions, specifically:
....confinaation elections, director elections,
and maintenance tax elections, held in conjunction
with the creations of political subdivisions
provided for by Article XVI, Section 59 of the
Texas Constitution, which furnish water or sewer
services to household users.
p. 1270
Mr. Tom.Craddick - Page 2 (Mw-377)
On May 30. 1981, Souse Bill 1487 was finally passed by the
legislature and was signed by the governor on June 15, 1981.
House Bill 1487 also amends paragraph (1) of article 2.01b by
substituting the words "local option election held under the Alcoholic
Beverage Code" for the third type of exempted election ("elections
held under Chapter 467, Acts of the 44th Legislature, 2d Called
Session, as amended"), and inserting the underlined words in the
fourth item listed above - "elections for bonds and elections for
school maintenance taxes."
House Bill 1487 makes no reference to Senate Bill 776, nor does
Senate Bill 776 make reference to House Bill 1487.
Based on these facts, we may rephrase your question as follows:
Did the adoption of House Bill 1487 repeal, by
implication or otherwise, the provisions of Senate
Bill 776?
The answer to this question' is governed by the Texas Code
Construction Act, article 5429b-2. V.T.C.S;, which provides at section
3.05(b):
...if amendments to the same statute are enacted
at the same session of the legislature, one
amendment without reference to another, the
amendments shall be harmonized, if possible, so
that effect may be given to each. If the
amendments are irreconcilable, the latest in date
of enactment~prevails.
While the Election Code is not a "code enacted by the 60th or a
subsequent Legislature as part of the state's continuing statuatory
revision program" article 5429b-2, section 1.02(l), the provisions in
question are "amendments[s]... of a code, or provision thereof,
enacted by the 60th or a subsequent Legislature." Id. sec:l.02(2).
Barbee v. State 432 S.W.2d 78 (Tex. Crim. App. 1968) cert. den. 395
U.S. 924 (1969). See also Thiel v. Harris County Democratic Executive
Committee.. 534 S.W.2d 891 (Tex. 1976). Therefore, these amendments
must be harmonized, if possible.
Even if the Code Construction Act did not apply, it has long been
settled law in Texas that, whenever the same session of the
legislature enacts two statutes on the same subject, if neither bill
referred to the other, then they would be construed to give effect to
both if possible. Wright v. Broeter. 196 S.W.2d 82, (Tex. 1946); 9
v. State, 20 Tex. 355 (1857). This is true even when the two ~bills
amend exactly the same provisions, but use different language. Ex
parte Patterson. 474 S.W.2d 463 (Tex. Crim. App. 1971). Repeal 5
implication is not favored, and will be found only if the conflict
P. 1271
Mr. Tom Craddick -.Page 3 (MW-377)
between the contemperaneous statutes is irreconcilable. Wright v.
Broeter, supra, Ex parte Patterson, B.
In this case, there is no language suggesting that House Bill
1487 repeals Senate Bill 776., Furthermore, there is no irreconcilable
conflict between Senate Bill 776 and House Bill 1487. It is clear
that the addition of certain elections involving water districts, the
subject of Senate Bill 776, will not conflict with House Bill 1487,
which merely clarifies existing languate regarding local option
elections and school maintenance tax elections. Since there is no
irreconcilable conflict, both enactments can be given effect, and
those~elections included in Senate Bill 776 may be held on non-uniform
dates.
SUMMARY
The provisions of Senate Bill 776; permitting
conformation elections, director elections, and
_
~malntenance tax elections held in conjunction with
the creation of political subdivisions provided
for by article XVI, .section 59 of the Texas
Constitution which furnish water or sewer service
tom household users were not repealed by
implication by the passage of House Bill 1487.
Such elections need not be held on the uniform
dates provided by article 2.01b of the Election
Code.
Very truly yours, fl
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bus Gary
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Bus Gary
Rick Gilpin
Jim Moellinger
p. 1272