Untitled Texas Attorney General Opinion

HE ATTORNEY GENERAL OF TEXAS AUSTIN. TEXAS 78711 CRAWFORD C. MARTIN October 20, 1969 Honorable J. W. Edgar Opinion No. M-497 Commissioner of Education Texas Education Agency Re: Construction of Article 2700, Austin, Texas 78711 V.C.S., as amended by Acts 61st Leg., R.S., 1969, p. 1785, and Article 2700e-2, relating to salaries of As- Dear Dr. Edgar: sistant County Superintendents. You have requested our opinion on the following question: "Whether Section 2 of Article 2700e-2 enacted in 1967 to be applicable to all counties within the 212,100 to 212,200 population bracket, still applies, or whether Article 2700 as amended in 1969 by House Bill 1319 which generally reads as applicable to all counties having over 100,000 population must be construed as later legislation in conflict with and therefore superceding Section 2 of Article 2700e-2. " House Bill 1319, Acts 61st Legislature, Regular Session, Ch. 595, p. 1785, amends Article 2700, Vernon's Civil Statutes, the general law relating to the compensation of county super- intendents and their assistants. Section 2 of Article 2700 was amended so as to provide a different salary schedule for assistant county superintendents in the various counties throughout the State. House Bill 1319, being the latest expression of the Legis- lature, will control over prior legislation prescribing salaries for assistant county superintendents. Therefore Section 2 of Article 2700, Vernon's Civil Statutes, as amended by House Bill 1319, Acts 61st Legislature, Regular Session, Ch. 595, p. 1785, is the latest expression of - 2377- Hon. J. W. Edgar, page 2 (M-497) the Legislature and prescribes the salaries of assistant county superintendents in the various counties of this State. Article 2700e-2, Vernon's Civil Statutes, is a 1967 act providing for salaries of assistant county superintendents in the various counties of the State and has been repealed by the provisions of House Bill 1319 insofar as the provisions of House Bill 1319 conflict with the provisions of Article 2700e-2. SUMMARY House Bill 1319, Acts 61st Legislature, Regular Session, Ch. 595, p. 1785, amending Article 2700, Vernon's Civil Statutes, is the latest expression of the Legislature on salaries to be paid assistant county superintendents and will control over any other pre ' prescribing said salaries. Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman Ivan Williams Fielding Early David Longoria Robert Darden MEADE F. GRIFFIN Staff Legal Assistant HAWTHORNE PHILLIPS Executive Assistant NOLA WHITE First Assistant - 2378-