July 31, 1964
Hon. Clyde E.. Smith, Jr. Opinion NO. c-,288
County Attorney
Tyler County so Re: Whether, under Sec. 6,
Woodville,,.Texas ,' particle 4494 -10, V.C.S.
(W.B, 781, 58th Leg.),
the Commlseloners Court
should follow the rule
under Article 4479, V.C.S.
and appoint hospital man-
Dear Mr. Smith: agers for overlapping terms.
You have requested a construction of Section 6, Article
&494q-10, Vernon's Civil Statutes (House Bill 781, 58th Legislature),
with reference to Article, 4479, Vernon’s Civil Statutes.
Article 4494q-10 Is a s ecial law creating a Tyler County
Hospital District. Section ii thereof states in part as follows:
"The Commissioners Court shall appoint
a Board of Hospital Managers, consisting of
six (6) members, who shall serve for a term
of two (2) ye$rs with overlappi
desired . . .
Article 4479 ,ls part of a general law authorizing the
c~ommissioners court of any county to establish a county hospi-
tal, and reads In part as, follower
.the commlasioners'~court shall
.aipoint six resident property taxpaying
El&ens of the county who sha.11 constitute
a board of managers of said hospital. The
term of office of each member of said board
shall be two years, except that In making the
first appointments after this Act takes ef-
feet three,members shall be appointed for one
year and three members for two years so that
thereafter three members of said boaf;d will
be ,appointed every two years. . . .
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Hon. Clyde E. Smith, Jr., page 2 (c-288)
Under the special law passed for Tyler County, a
hospital district is being set up and your question is:
flMust the Commissioners Court follow the overlapping term
provision of the general law in making Its first appointments?”
The rule for construing general and special laws
together Is stated In 53 Tex.Jur.2d 232, Statutes, 8 161, as
follows:
“In case of conflict between a general
provision and a special provision dealing
with the same subject, the former Is control-
led or limited by the latter, since a specific
statute more clearly evidences the intention of
the legislature than a general one; and this Is
so whether the ~provisions in question are con-
tained in the same act or In different enact-
ments. . . .”
In the case of Hidalga County Water Control and
Improvement District No. 1 v. ‘Hldalgo County 134 S W 26 464
TTex.Civ.App. 1939, error ref.), it is said it page.467:
11
. .when specific provisions of the
generai law, if given effect, would nullify or
modify specific provisions of the special act
concerning particularized rights and duties of
the districts created by it, the latter pro-
visions must prevail over those of the general
law. . ..‘I
In the case of Road District No. 1, Jefferson County,
v. Sellers, 142 Tex. 528,Tsb S.W.m44) , one of th
auesti ons before the court was which act governed where a especial
iaw for Jefferson County provided that bonds therein referred to
should be payable at such time as,might be deemed most expedient
by the Commissioners Court; whereas the general law provided
that generally bonds of the same category should be redeemable
at the pleasure of the county, but not until five years after
the issuance of the bonds. In holding that the special law
governed, the Court said ,at page 141 , in a unanimous ,declsion:
“An examination of the two statutes will
disclose that ~the Legislature in the enactment
of the /ETpecialT statute under which these bonds
were’ is-med an?f conferred on the Commissioners’
Court full and unlimited power to make the bonds
payable at such time or times as may be deemed
expedient. , .whereas no such unlimited authority
-1379-
Hon. Clyde E. Smith, Jr., page 3 (c-288)
was granted to the Commissioners' Court under
the provisions of Article 720 /%e general
statute7 . , .In our opinion there is such
conflizt between the two provisions that we
would not be justified in holding that the
provisions of Article 720 are a licable
to the bonds issued under the -speciai7act
Pp
here under consideration."
Under the rules of construction set forth above,
the special statute under which the Tyler County Hospital
District is being set up does not restrict the Hospital Managers
to overlapping terms and such special statute is controlling.
.SUMMARY
The Commissioners Court of Tyler County ma
elect under the terms of Section 6, Article 449 $ q-10,
Vernon's Civil,Statutes, whether or not it shall ap-
point Hospital Managers with overlapping terms in the
Tyler County Hospital District.
Yours very truly,
WAGGONER CARR
Attorney General
LCjr:ms:mkh Assist&t
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
W. E. Allen
Arthur Ssndlin
Larry Merrlman
Harry Gee
APPROVEDFOR THE ATTORNEX
GENERAL
BY: Stanton Stone
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