THE ATTORNEY GENERAL
OF TrEXAS
Honorable Royal Hart Opinion No. C-756
Dletrict Attorney
119th Judicial District Re: Whether Article 513900,
San Angelo, Texas V.C.S., was repealed by
the recently enacted
Code of Criminal Pro-
cedure, and whether
aald Article is a local
or special law proecrib-
ed by the Texae Conatitu-
Dear Mr. Hart: tlon,
In a recent letter to this office you ,requested
an opinion in regard to the above referencedmatter. We
quote from your letter as follows:
"Question: Is Article 5139.00 R.C.S. re-
pealed by the Texas Code of Criminal Procedure?
"Questfon: Is Article 5139.00 a valid
statute and In compliancewith local publi-
cation requirementsof special acte?
"I have been unable to find any authority
except Article 54.02 of the Code of Criminal
Procedure which provides that special pro-
visions regardfng criminal procedure contained
In the Revised Civfl Statutes are not repealed
by the Code. Since the appointmentof an
Adult Probation Officer 1s not a criminal pro-
cedure, in my opinion a Runnela County Adult
Probation Officer should be appointed in ac-
cordance with the new Code of Criminal Proce-
dure and to such extent 5139.00 has been repealed
by the new Code since the Code prescribes a
different method of appointmentof Adult Pro-
bation Officers upon a uniform basic throughout
the State.
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Ron. Royal Hart, page 2 (C-756)
Section 56 of Article III of the Constitutionof
Texas, provides In part!
"The Legislatureshall not, except a8 other-
wise provided in this Constitution,paaa any
local or special law, . . .
II
. . .
"Regulatingthe affairs of counties, cities,
towns, wards or school districts; . . .ll
Article 513900, Vernon's Civil Statutea, provides
as follows:
"Sec. 2A. The Juvenile Board of Runnels
County ahall, with the consent of the County Com-
missioners Court, appoint the Juvenile and Pro-
bation Officer of Runnels County, who shall meet
all the qualificationsend perform all the duties
of a juvenile officer as prescribedby the laws
of this State, and who shall act as the Juvenile
and Adult Probation Officer in Runnels County
for the Juvenile Board and the Juvenile Court,
for the courts of Runnela County having original
jurledictionof felony criminal actions. The
Juvenile and Probation Officer shall be paid a
salary aa fixed by the Juvenile Board and ap-
proved by the County CommissionersCourt."
The Repealing Clause of the Code of Criminal Proce-
dure, Article 54.02, Vernon's Code of Criminal Procedure,pro-
vides, In part, ae follows:
"Section 1. (a) Except as otherwise pro-
vided in this Article 54.02, all laws relating to
criminal procedure in this State that are not
en&raced, incorporated, or included in this Act
end that have not been enacted during the Regular
Session of the 59th Legislatureare repealed.
II
. . .
"Sec. 2, (a) All laws and parts of laws re-
lating to criminal procedure omitted from this
Act have been intentionallyomitted, and all
additions to and changea in such procedure have
been intentionallymade. This Act shall be con-
strued to be an independentAct of the Legis-
f .
Hon. Royal Hart, page 3 (c-756)
lsture, anactad under it4 caption, and the
article4 contained In thla Act, a6 ravlaard,re-
wrlttan, changed, combined, and codlfiad, may
not ba construed a4 a continuationof former
law4 except a4 otharwiea provided in this Aat.
Th4 existing statutes of the Revised Civil
Statutes of Texan, 1922, a4 amended, and of the
penal Code of Texan, 1923, ataamended, which con-
tain spcclal or specific provision4 of criminal
procedure covering specific instance4are not
repealed by this Act .
1,
. e DIt (Emphasisadded.)
Thla office held in Attorney atneral~s Opinion
R-2359 (1951) that a statute making provision4 for juvenile
courts in certain counties did not violate the constitutlon-
al reetrictionaon local and special laws. See also Attorney
General's Opinion4 R-2401 (1951), R-2447 (1951), R-2482
(1951) and R-2483 (1951).
In a recent ca4e the Amarillo Court of Civil Appeal4
took the sam4 position as that taken in the above cited
Attorney Oaneral'a Opinloneg
"A statute establishinga Juvenile Board in
certain counties, composed of the County Judge
and the Judge of the Judicial District in which
such county Is located, imposes duties to be
performed on behalf of the State end is not un-
constitutionalunder Article 3, Section 56,
Constitutionof Texas a8 being a local or special
law, 'regulatingthe affafrs of counti44,P Lamon
v. Fe;guson, Tex.Clv.App.,213 S,W.2d 86, 88 (NWH).
. s . Allen v, Davis, 333 S.W.2d 441 (Tex.Civ.App.
1960, no writ hIstoryI.
We affirm the posftfon taken by this office in the
above cited opinion4 and in Allen v. Davis, eupra. Inasmuch
as Juvenile Boards act as agents of the Stat4 rather than
as agents of their respective counties, it follows that
statutes such as Article 513900, cited above, which establish
procedure4 for the operation of Juvenile Boards cannot be
violative of the constitutionalprovision which prohibits
any local or 4pecial law "regulatingthe affairs of counties,
cities, towns9 wards OP school dietrfcts . . .'
You further ask whether Article 513900 is repealed
by the new Texas Code of Criminal Procedure. The Code's Re-
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. .
Hon. Royal Hart, page 4 (c-756 )
pealing Clause repeals all laws relating to criminal pro-
cedure not embraced in the Code and then provides certain
exceptions. Of interest to this question Is the exception
that reads as follows: "The existing statutes of the Re-
vls4d Civil Statutes of Texas, 1925, as amended, . e .
which contain special or specific provialons of criminal
;;;e;~6!neov4rlng specific instances are not repealed by
.
Two possibilitiesexist: (1) That Article 5lggOO
is a law relating to criminal procedure or (2) Article
513900 ie not a law relating to criminal procedure. In
either event the Repealing Clause of Article 54.02 of the
Code of Criminal Procedure does not repeal Article 513900,
Vernon's Civil Statutes, because (1) only laws relating to
criminal procedure are repealed by the Repealing Clause and
(2) if Article 513900 Is a law relating to criminal procedure,
it falls within the exception which provides that existing
statutes of the Revised Civil Statutes of Texas which con-
tain special or specific provisionsof criminal procedure
are not repealed by the Repealing Clause. Therefore, the
specific provisions of Article 513900 must be held to be
exceptions to the general law In this area, which is found
in Article 42.12, Vernon's Code of Criminal Procedure.
SUMMARY
---_--_
Article 513900, Vernonss Civil Statutes,was
not repealed by the recently enacted Code of
Criminal Procedure. Article 513900, Vernonss
Civil Statutes, is not prohibitedby Section 56
of Article III of the Constitutionof Texas.
Yours very truly,
WACCCNER CARR
Attorney General
LEBjrnrazdh
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. .
Hon. Royal Hart, page 5 (c-756)
APPROVJZDx
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Malcolm Quick
John Banks
'Robert Owen
APPROVED F'ORTHE ATTORNFXQENERAL
BY8 T. B. Wright
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