R-482
OFFICE OF
TEE ATTORNEY GENEWLL
AUSTIX, TEXAS
May 20, 1947
Hon. Edgar Hutchins. Opinion No. V-212
County Attorney,
Hunt County, Re: Constructionof Article
Greenville,Texas 4476, Revised.Civil
Statutes, 1925,in the
light of S.B. 121, 48th
Len. relative to the
ma&facture of flour
and bread.
Dear Sir:
Your request for an opinion with respect to
the above subject matter is as follows:
"I desire your advice upon the following
matter: Article 4476 R.C.S.,'1925,was
passed by the Legislaturein $923 and pro-
vides that anyone manufacturingor sell-
ing Self-risingFlour must label the Same
so as to show the ingredientstherein. In
1943, the Legislaturepassed '$enate'Bill
No. 121 which has to,do with the manufao-
ture of flour and bread and provides for
the enrichmentof flour and bread. The
publishersof the annotated statutes of
the State of Texas have brought Senate
Bill No. 121 forward as Article 4476
R.C.S. The Senate Bill now known.as @-
tide 4476 does~not, by its terms, repeal
Article 4476 R.C.S.,,1925jas passed by
the Legislaturein 1923 and several ques-
tions are, therefore,presented and upon
which I desire your opinion. (1) whether
Article 4476 R.CiS. (the law passed in,
1923) was repealed by implication, I am
of the opinion that it was not ,andthat
the,law passed by the Legislaturein 1923
as well as the law passed by the Legisla-
ture in 1943 should be construedtogether
and that both of them are now in effect.
(2) whether if Article 4476 as passed by
the Legislaturein 1923 was repealed, it
is now lawful to manufac*re and sell
Hon. Edgar Hutchins - Page 2 (V-212)
Self-risingFlour, provided such flour
complies with Senate Bill 121 as passed
by the Ikgislaturein 1943, that is
that such Self-risingFlour oontains
not only the self-risingingredients,
but is also enriched as provided by
said Senate Bill."
Senate Bill No. 121 of the 40th Legislature
at its Regular Session, does not expressly repeal Arti-
cle 4476 of the Revised Civil Statutes, 1925, nor does
it purport to be an amendment of that article. On the
contrary it is a completeAct within itself, declaring
in its emergency clause *that there are.no state laws
regulating the manufacture,baking, mix, compound, sale
or offer for sale for human consumptionof flour and
bread as defined herein", etc.
Of course, if there is any irreconcilable
oonflict between Senate Bill 121 and Article 4476, there
would be a repeal by implicationto the extent only of
the oonfliot. Both laws should therefore stand and be
oonstrued together, giving effeot to each of themunless
there be found an irreconcilableconflict.
In view of what we have said, it becomes
unnecessary to answer your sec~ondquestion.
Article 4476 of the Revised Civil
Statutes of Texas, 1925, was not repealed
by Senate Bill No. 121 of the 40th Legis-
lature, Regular Session. Both laws stand
and should be construedtogether unless
there should be found an irreconoilable
conflict,in which event the latest ex-
pression of the Legislaturewould prevail.
Yours very truly,
s.EJBymlA~ms AyFmxGEmw
,
Ooie Spe'
0S:wb Assistant