Untitled Texas Attorney General Opinion

. . GENERAL OFTEXAS December 1, 1969 Honorable Joe Resweber Opinion No. M-525 County Attorney Harris County Courthouse Re: Status of the duties and Houston, Texas 77002 responsibilities of the Judge of Juvenile Court No. 2 in relation to the Juvenile Dear Mr. Resweber: Hoard, Harris County. We are in receipt of your letter in which you ask the following two questions: "1. Is the Judge of Juvenile Court No. 2 of Harris County a member of,the Juvenile Board of said County? "2. What are the rights, duties and obligations of Juvenile Court No. 2 concern- ing the Chief Juvenile Officer and what rights, duties and obligations does the judge of this court have on matters before the Juvenile Board?" Your questions originate through the creation of Juvenile Court No. 2 of Harris County by Senate Bill No. 295, Acts 61st Legislature, Regular Session, 1969, Chapter 673, page 1981, which is silent regarding membership on the Juvenile Board of Harris County or participation in the Board's meetings and decisions. The Harris County Juvenile Board was created by,virtue of Article 5139VV, Vernon's Civil Statutes, which reads in part: "Section 1. The Juvenile Board of Harris County is established. 'Set, 2. The juvenile board consists of the county judge, the judge of the juvenile court, and the judges of the courts of domestic relations of Harris County, and a district judge appointed by majority vote of the district judges of Harris County. -2500- Honorable Joe Resweber, Page 2, (M-525 ) "Sec. 3. * * * "Sec. 4, * * * "Sec. 5. " (a) * * * " (b) *** "(c) At the request of the judge of the juvenile court, the juvenile board shall investigate the operations of the probation department and the county institutions for the care of neglected, de- pendent, and delinquent children. . . e "Sec. 6. The office of Chief Juvenile Probation Office of Harris County is established. "Sec. 7. The judge of the juvenile court shall appoint the chief probation officer. The appoint- ment is subject to the approval of the juvenile board. The judge may remove the chief juvenile probation officer at any time subject to the approval of the Juvenile Board." S.B. 295 provides, in part, as follows: "Section 1. The juvenile Courts No. 2 and No. 3 of Harris County are established. e . . "Sec. 2. *** "Sec. 3. The offices of judge of the Juvenile Court of Harris County No. 2 and the judge of the Juvenile Court of Harris County No. 3 are established. "Sec. 4. * * * "Sec. 5. * * * "Sec. 6. The governor, with the advice and consent of the Senate, shall appoint the first judges of the Juvenile Courts No. 2 and No. 3. The appointee to the Juvenile Court No. 2 shall take office on September 1, 1969, and the appointee to the Juvenile Court No. 3 shall take office on January 1, 1971, Then appointees serve until the next general election and until a successor is duly elected and qualified, * * *It -2501- . - Honorable Joe Resweber, Page 3, (M-525 ) From a reading of Article 5139W, Senate Bill No. 295, and the history of these articles, it appears that they are in para materia and may be considered as one general subject although passed at different times in different sessions of the-legislature, 53 Tex. Jur. 2d 280, Statutes, Sec. 186; Attorney General's Opinion No. M-287 (1968); Duval Corp. v. Sadler, 407 S.W.Zd 493 (Tex. Sup, 196ii). The Legislative history of the juvenile court system in Harris County indicates that at the time of passage of Article 5139W, which created the juvenile board of Harris County, only one juvenile court existed. At all times subsequent to its enactment, an act should be given the same meaning that it had at the time of passage; Townsend v. Terrell; 118 Tex. 463, 16 S.W.2d 1063 (1929). Chanced conditions. however. mav allow the courts to interpret that statute-to give effect to the in- tent of the Legislature as applied to the change. Wheeler v. Wheeler, 76 Tex. 489, 13 S.W. 305 (1890). It is also the duty of a court in construing a statute to make it work- able and to harmonize the language used. Bailey v. State, 284 S.W. 574 (Tex. Grim, 1926). And further, Section 4 of Article 10, R.C,S. states the following statutory rule of construction: "4. The singular and plural number shall each include the other, unless otherwise expressly provided." Article 10 (former Art. 5502, R.C.S. 1911) requires that a word in the sinaular also includes the ulural of that word, e.g., "railroad" encompasses "railroads.' International-Great Northern R. Co. v. Railroad Commission of Texas, 281 S.W. 1084 (Tex. Civ. App. 1926, error ref.); cert. den., 275 US 503, 48 S.Ct. 155, 72 L.Ed. 395. It is our opinion that the word "judge" wherever used in Article 5139W encompasses the plural word, "judges," when used in reference to the judge of the juvenile court of Harris County. It is evident that the intent of the Legislature in providing for member- ship on the Juvenile Board of Harris County was to include all judges of courts primarily responsibile or concerned with children and domestic relations. The rights, duties and obligations of the judges of all juvenile courts in Harris County sitting upon the Juvenile Board would be coextensive and equal, when -2502- Honorable Joe Resweber, Page 4, (~-525 ) tried under the right Legislative "intendment," Headless v. Fryer, 208 S.W. 213 (Tex. Civ. App. 1919, writ dismissed). Consequently, the juvenile board of Harris County is composed of the judges of the juvenile courts. The appointment and removal of the chief juvenile probation officer is made by the judges of the juvenile courts, subject to the approval of the board: at the request of the judges of the juvenile courts the board shall make investigations. SUMMARY The judge of Juvenile Court NO, 2 is a member of the juvenile board of Harris County, Texas, and the rights, duties, and obligations of the judges of Juvenile Court No. 2 are co- extensive and equal to that of the judge of Juvenile Court No. 1 of HarriACounty, Texas. C. MARTIN ey General of Texas Prepared by Bennie W. Bock, II Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman Sarah E. Phillips Louis Neumann R. D. Green Bill Corbusier MEADE F. GRIFFIN Staff Legal Assistant NOIA WHITE First Assistant -2503-