Untitled Texas Attorney General Opinion

Hon. Franklin Ci ~11118~1~ Opinion No. V-680 County Attorney Anderson County Re: The legality of an Palestine,Texas election to allow hogs limited free range in a precinct lmmedlately SollowIng a county- wide eleatlon prohiblt- ing hogs, sheep, and goats from running at large. Dear Sir: Under the Saats submitted In your request for an opinion, Anderson County held a county-wide election ;;4ug;stC7,S1948, under the provisions of Articles 6930; . . for the purpose of determining whether hogs: sheep, i;d goats should be permitted to run at large in such county. You state that while the returns have not been oSSlclally canvassed, that by virtue of such election they were prohibited from running at large. At this time freeholders of Justice Precinct No. 5 of Anderson County desire to have an election In order to determine whether hogs shall have free range In said sub- division from the 15th day of November to the 15th day of February of each year. We must look to the provisions of Articles 6930-6953 inclusive, In determining the answers to your request. Chapter 2 of the stock laws (Articles 6930- 6946, V. C. S.) pertain to stock law elections on the question of-whetherhogs, sheep or goats shall be per- mitted to run at large while Chapter 3 of the stock laws (Articles6947-6953, V. C. S.) deal with 'Free Range Elections",on the question.of whether hogs shall have ,Sree range in a designated area during a llmlted time of each year. Article 6930, V.,Ci S., provides: .nUponthe written petition of fifty freeholders of any aountp, or upop the 43-0 Hon. Franklin 6. Williams, page 2 (V-680) petition of twenty freeholders of any sub- division of a county, the commissioners court of such county shall order an elec- tion to be held in said county or subdlvl- slon, on some day named in the order, for the purpose of enabling the freeholders o< such county or subdivision to determine whether hogs, sheep or goats shall be per- mitted to ruq at large in such county or eubdlvis~on. ,Artlole6944, V. C. S., provides; "After the adoption of the stock law in any county or subdivision, no election ;.:,,~'under the preceding articles shall be held within the same wescribed limits in less than two years alter an election under thle law has been held therein; but at the ex- piration of that time the commissioners court of each county in the State, when- ever petitioned to do so by a majority of the freeholders,who are qualified voters under the constitutionand laws of a coun- ,ty which has'formerly adopted the stock ,' ., law, or by a majority of the freeholder8 who are qualified voters under the conatl- tution and laws of the subdivision of a county which has formerly adopted the stock law, shall order another election to be held by the Sieeholders who are qual- ified voters under the constitution end laws of such county, or subdivision, to determine ,,whether hogs, sheep and goats shall be per- mitted to run at large In said county or subdivision,which election shall be or- dered, held, notine thereof given, the votes returned and counted In all respects as"pro- vided by,thls law for a first election. is readily aee1?that once a ~countyor sub- .,,:g:,,,It dlvlsl~~%as adopted a stock law under the provisions of Artlcl6'~6930, et seq., V. C. S. the same question can- not be submittAd to the voters of the same county or sub- ',dirlslon again in less than two gears after the adoption. However, &tic& 6947 authorizes an election to be held for the purpose of determining whether hogs shall be al- lowed free range for a limited period of time. We quote the follovlng provlelons of Articles 6947 and 6953,‘V.C.S.: .,, Hon. Franklin C. Willlams, page ,3 (V-680) Article 6947, V. C. S.: "Upon the written petition of fifty freeholdersof any county, or upon the pe- tition of twenty freeholders of any subdl- vision of any county, which county or sub- division has heretofore adopted, or may hereafter adopt, the hog law under the pro-~ visions of this chapter the commissioners court of such county shall order an elec- tion to be held in said county or subdlvl-~ slon on some day named in the order for the purpose of enabling the freeholder8 of such. county or subdivisionto determine whether hogs shall have a free range in said coun- ty or subdivisionfrom the fifteenth day of November to the fifteenth day of Feb- ruary, of each year. Whenever there is territory between two subdivisionsof a county which have adopted the hog law, and in such interveningterritory there is less than fifty freeholders,an election shall' be ordered on the petition of a majority OS 'the freeholdersresiding in such lnterven- lng territory, and the election shall be held for the purpose named herein. IS the petition be from the freeholders of a sub- division of any county, such s,ubdlvlslon shall be particularlydescribed and the boundaries thereof designated in the s$me manner as when originally established. :'.' Article,~6953,, V. C. S.: ‘“Whenever an election Is held under ..theDrovlsions of this law for any G ty or subdivision.no other election for s&h purpose ,shalibe held within such county or subdivisionfor the space of two (2~)years, but the defeat of the proposi- tion for a county shall not prevent axioth- er election from being held 1mmedlatel.y thereafterfor zany subdivision OS such county,.and,provided that, if the proposl-. tlon has been defeated'sorany subdivision ~' of any,such county,~no other eleatlon shall be held thereafter covering or including said territory except an election held in the same loaallty or'subdlvlsionait@ the 412 Hon. Franklin C. Wllllams, page 4 (V-680) lapse of twelve (12) months from the date of said defeat for said subdlvlslon or lo- cality. IS, in a county or subdlvlslon which has formerly adopted the lImlted per- iod of free range for hogs, as provided for under the terms of this law, a majority of the legal votes cast at such election shall be 'Against the limited period of free range fop hoga,' the oounty judge shall lmmedlate- ly issue his proclamationdeclaring the re- sult; which proclamation shall be posted at the aourthouse door, end after the explra- tlon of ten (10) days from its issuance, it shall be unlawful to permit hogs to run at large within the limits designated; if a majority of the legal votes cast at such election shall be 'For the limited period of free range for hogs,' he shall DO otnte in his proclamation,and the operation of the law s$all in no way be effected by such eleotlon. (Fmphasls added throughout) It is our oplnlon that an adoption of free range for hogs for 8 limited period of time would not operate as a nulllSioatlonof a stock law which may have been adopted. We are supported in this conclu- sion by the provisions of Article 6929, V. C. S., whloh reads as follows: 'When an election is called for any aounty or subdivisionthereof for the pur- pose of voting upon the question of the adoption of the stock law or any part there- of, under the provisions of this chapter, if such county or subdIvlslon has not already ln operation the stock law or any part there- of under the provisions of this chapter, Ft shall be lawful to submit at the same time i and at the same election the question of the limited period of free range for hogs, as provided for in this chapter, but said pro- position must be submitted and voted upon as a separate proposition, and the votes cast therein, and the returns thereof, and the judge's proclamation thereon, must be separate and dlstlnot from that or the stock lav proposition voted on at auoh election." Hon. Franklin C. Wiiiiams, page 5. (V-680) 413 IS the adoption of both the stock law and the free range law would nullify each other, both elections could not be held in a ~comblnedelection. We quote the Sollowlng from 39 Tex. Jur* psW8 172, 173, 253 and 254: "An,Importantrule to be observed in statutory interpretationis that an act should be,glven a fair, rational, reasonable and sensible construction, consideringits language and subject- matter, and with a view to accompllsh- lng the leglslative~lntentand purpose. "It Is a settled rule of statutory interpretationthat statutes which deal wIth,the same general subject, have the same general purpose, or relate to the same person or thing or class of persons oror",~$srare considered as 'in par1 in relation to the same mat- ter), although,theycontain no reference .'~ to one another, and although they were passed at different times 'orat +lSSer- ent sessions of the Legislature. Construing the "stock law' elections statutes, together with the "free Fangs' elections statutes,,and giving the statutes a reasonable construction in Order to arrive at the Le~lslature'sIntent of providing for "limitedfree,ra It is our opinion that in the enactment ofT rti%sh~$~j-6g53, V. C. S the Leg- islature gave the people of those counties w$ch had adopted or were going to adopt a stock law au$horlty to provide annexceptionrelative to hogs having limited free range . You are, therefore, advised that an election may now be held in Justice Precinct No. 5 of Anderson County to determine whether to allow hogs free range in said precinct from the,fiSteenthof November to the flf- teenth of February, o.Seach,year..- .’ SUMMARY An .electlonto.allow hogs free range under Artloles 6947-6953, V. 0. S., in a, 43.4 Bon. Franklln’c. Willlams, page 6 (V-680) precinct may be held lmmedintely follow- lng a oounty-wideelection prohibiting hogs, sheep, and goats from running at large under the provisions of Articles ,6930-6946, V. C. S. Yours very truly, Al’TdRNEY OF TEXAS OEI’XEBAL ,” * JR:mw :.. ‘. .‘. ,, ,.a, : _.*. .\. 8. ‘. .., ,,