HE i%TTO SE>- GESE
OF TEXAS
Mr. Allen Beinke Opinion No. JM-1208
Executive Director
Texas Water Commission Re: Potential conflict in two
P. 0. Box 13087, Capitol amendments adopted at the same
Station legislative session regarding
Austin, Texas 78711-3087 requirements of notice for
selling realty located in a
special district (RQ-1960)
Dear Mr. Beinke:
You ask about the effect of two 1989 amendments to
section 50.301(b) of the Water Code.
Section 50.301 requires a person who sells real estate
in a specified type of special district to provide to the
purchaser written notice regarding the district. Water Code
5 50.301(a). The notice is to be a separate written
document executed and acknowledged by the seller. Id.
5 50.301(b). The statute prescribes the language of the
notice. Id.
In 1989 the legislature adopted two bills that changed
the language prescribed by section 50.301(b). Acts 1989,
71st Leg., ch. 1218, at 4937 (hereinafter House Bill 1333);
ch. 935, at 3977 (hereinafter Senate Bill 1207).
House Bill 1333 amended section 50.301 of the Water
Code as well as several other'sections of the Water Code.
All of the provisions of House Bill 1333 relate to standby
fees. One of those provisions added several sentences about
standby fees to the language prescribed by section
50.301(b).
Senate Bill 1207 made a number of additions to and
deletions from the language prescribed for the notice to be
given under section 50.301(b). Acts 1989, 71st Leg., ch.
935, § 1, at 3977. It also added a new provision, section
50.3011 of the Water Code, that provides that the notice
form required to be used under section 50.301(b) shall
r
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Mr. Allen Beinke - Page 2 (JM-1208)
contain specified language regarding standby fees. Id. § 3,
at 3980. Section 4 of the bill provides as follows:
This Act takes effect immediately, except
that Section 3 takes effect on the date that
H.B. No. 1333, Acts of the 71st Legislature,
Regular Session, 1989, takes effect. If H.B.
No. 1333 fails to take effect, Section 3 has
no effect.
It is clear from that provision that the legislature did not
intend to require that two separate notices be given under
section 50.301 of the Water Code. Thus, your question is
whether the language prescribed by Senate Bill 1207 or the
language prescribed by House Bill 1333 is to be used.
Acts adopted at the same session of the legislature
should be read together and harmonized. Martin v. Shepvard,
201 S.W.Zd 810, 814 (Tex. 1947). In this case, harmony is
easily achieved. Senate Bill 1207 made a number of changes
in the notice language, including the addition of language
regarding standby fees, whereas the only change made by
House Bill 1333 was the addition of language regarding
standby fees. The language regarding standby fees in the I
two bills is almost identical. The only difference in the
language prescribed is that Senate Bill 1207 contains an
extra q*also.*' That additional word merely provides a
transition: it does not change the meaning of the language.
The only other difference is that House Bill 1333 indicated
the place in the notice at which the language regarding
standby fees was to be incorporated. Senate Bill 1207, in
contrast, simply provided that the notice form should be
"modified in the manner necessary to incorporate" the
prescribed language regarding standby fees. Water Code
0 50.3011(b). Consequently, if a vendor words the notice in
accordance with Senate Bill 1207, he will have incorporated
the substantive changes mandated by House Bill 1333. We do
not think that the inclusion or omission of the extra "also"
would affect the validity of the notice. Nor do we think
that the position of the language regarding standby fees
would affect the validity,of the notice.
SUMMARY
Two bills enacted by the 71st Legislature
amend section 50.301(b) of the Water Code,
which prescribes the wording of a notice
required by section 50.301(a). Acts 1989,
71st Leg., ch. 1218 (House Bill 1333); id. ?
ch. 935 (Senate Bill 1207). Because the
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Mr. Allen Beinke - Page 3 (JM-1208)
changes in language mandated by Senate Bill
1207 include the change in the language
mandated by House Bill 1333, a purchaser can
satisfy the requirements of both bills by
complying with the the notice as prescribed
by Senate Bill 1207.
axy$&
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
Lou MCCREARY
Executive Assistant Attorney General
JUUGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
p. 6394