THE ATTORXEY GENERAL
OF TEXAS
March 23. 1987
Mr. Donald B. Wilson Opinion No. m-656
Executive secretary
Texas Board of Veterinary Re: Whether a rule of the Texas
Medical Examiners Board of Veterinary Medical Exa-
3810 Medical Parkway, Suite 119 miners conflicts with a municipal
Austin. Texas 78756 regulation enacted under the
authority of the Rabies Control
Act, article 4477-6a. V.T.C.S.
Dear Mr. Wilson:
The question posed by your inquiry is whether{a rule of the Texas
Board of Veterinary Medical Examiners "concerning 'confidentiality'
takes precedence over a rule imposed by a municipality under authority
of the Rabies Control Act, article 4477-6a. section 2.02(b),
V.T.C.S.?"
Article 7465a. section g(a). V.T.C.S., provides that the State
Board of Veterinary Medical Examiners may enact "rules of professional
conduct," as follows:
'The Board may from time to time adopt, alter,
or amend rules of professional conduct appropriate
to establish and maintain a high standard of
integrity, skills and practice in the profession
of veterinary medicine.
You set forth Board Rule No. 20, "Observance of Confidentiality,"
which provides:
A licensed veterinarian shall not violate the
confidential relationship between himself and his
client.
Article 4477-6a. V.T.C.S., Rabies Control Act of 1981, provides
in pertinent part:
Sec. 2.02 (a) l'he governing body of an incor-
porated municipality or the commissioners court of
a county may adopt the provisions of this Act and
the standards established by the board; or
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Mr. Donald B. Wilson - Page 2 (JM-656)
(b) As provided in Section 3.01 of this Act
the governing body of an incorporated municipality
or the comissioners court of a county may adopt
ordinances and/or rules which establish local
control programs and set local standards which are
compatible with and equal to or more stringent
than the program established by this Act and the
rules adopted by the board, including but not
limited to ordinances and rules which require the
registration and/or restraint of each dog or cat
found within the respective jurisdictions.
. . . .
Sec. 3.01. Except as specifically provided for
in Section 3.09 of this Act:
(a) The provisions of this Act and/or the
rules adopted by the board Fder the authority of
this Act are the minimum 'standards for rabies
control in this state.
. . . .
(c) The provisions of this Act, the rules
adopted by the board, and the ordinances and/or
rules adopted by the commissioners court of a
county do not- prohibit the adoption by the
governing body of an incorporated municipality
located within the county of ordinances and/or
rules which are compatible with and equal to or
more stringent than the ordinances and rules
adopted by the county and the provisions of this
Act and the rules adoptsd by the board. Such
municipal ordinances 'and/or rules shall supersede
those of the county and the provisions of this Act
and the rules of the board within the corporate
limits of the municipality so that multiple
enforcement will not occur.
. . . .
Sec. 3.07. Fees for Registration. (a) Subject
to the limitation contained in Subsection (b) of
this section, the governing body of an incor-
porated municipality and the commissioners court
of a county may enact ordinances and/or adopt
rules to require the registration of each dog and
cat within the respective jurisdiction of the
municipality or the county.
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Mr. Donald B. Wilson - Page 3 (m-656)
(b) No dog or cat shall be subject to dual
registration and the priority of registration
enforcement shall be governed by the provisions of
Section 3.01 of this Act.
(c) The enforcement agency may collect a fee
set by ordinance for the registration of each dog
and/or cat and such fees shall be retained by the
enforcement agency to be used only to help defray
the expense of the administration of the pro-
visions of this Act or the ordinances and/or rules
of the enforcement agency within the area of its
jurisdiction.
Article 4477-6a. section 1.03(2) defines "Board" to mean the
"Texas Board of Health" and section 3.09 referred to in section 3.01
authorizes the board to declare an area rabies quarantine.
While you do not set forth the ordinance (or proposed ordinance)
in question, we conclude from the tenor of your inquiry that the
ordinance requires members of the veterinary profession to furnish
information to the muuicipality of "lists of oames of animal owners
who have their animals vaccinated against rabies." You suggest that
this information is desired by the animal control personnel of the
municipality in order that they say contact the owner relative to
paying a licensing fee.
We look to the purpose of the legislature in the enactment of the
laws which granted the authority for the enactment of the ordinances
and rules. Section 1.02 of article 4477-6a states as its purpose "to
establish a minimum statewide program to control and eradicate rabies
in the State of Texas." Also, stated within the "purpose of act" is a
provision that the "program shall be administered by the Texas Board
of Health with the cooperation of the governing bodies of the counties
and incorporated municipalities within the state."
To glean an insight into the intent of the legislature, we must
also look to the language of the statute. Section 2.02(b) of article
4477-6a, provides for the euactment by an incorporated muuicipality of
ordinances or rules
which establish local control programs and set
local standards which are comuatible with and
equal to or more stringent than the program
established by this Act and the rules adopted by
the board, including but not limited to ordinances
and rules which require the registration and/or
restraint of each dog or cat found within the
respective jurisdictions. (Emphasis added).
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Mr. Donald B. Wilson - Page 4 (JM-656)
Section 3.01, subsection (c) of article 4477-6a, provides that
municipal ordinances and/or rules shall supersede
those of the county and the provisions of this Act
and the rules of the board within the corporate
limits. . . . (Emphasis added.)
Article 7465a. The Veterinary Licensing Act, uot only authorizes
the Texas Board of Veterinary Medical Examiners to enact rules of
professional conduct but also provides for the licensing of veteri-
narians, appointment of board members, employment of a staff for the
board, expiration, renewal and supervision of licenses, legal remedies
agaiust unlawful practice, and. iu general, the licensing and super-
vision of the veterinary profession. The Rabies Control Act has a
very specific purpose, "to control and eradicate rabies in the State
of Texas."
There is a well known rule of statutory construction which
provides that where a conflict exists between two statutes, one
general and one special, the special statute controls over the general
statute as to such conflict. Cuellar v. State, 521 S.W.Zd 277 (Tex.
Grim. App. 1975); International Fidelity Insurance Company of Newark,
New Jersey v. Sheriff of Dallas County, 476 S.W.2d 115 (Tex. Civ. App.
- Beaumont 1972, writ ref'd n.r.e.); Attorney General Opiniod Nos.
MW-285, MW-261 (1980). Where we are ctinfroutedwith ordinances and/or
rules which are at odds, we believe it appropriate in resolving such
conflict to look to the statutes from which the municipality and the
board derived their authority to euact same.
Article 4477-6a is a special statute, with a special and limited
purpose. Article 7465a is a general statute. In reviewing article
4477-6a. we find that the legislature used emphatic language in
vesting municipalities with sufficient authority to achieve the
specific purpose of controlling and eradicating rabies. Municipal
ordinances are authorized to be more stringent than the program
established by the act and the rules adopted by the Texas Board of
Health. The statute also provides that the municipal ordinances
and/or rules shall supersede those of the county, provisions of this
act, and the rules of the Texas Board of Health. We are of the
opinion that the ordinances to which you refer, when enacted under
authority of the Rabies Control Act, takes precedence over Board
Rule No. 20. relating to the confidential relationship between a
veterinarian and his client.
SUMMARY
The municipal ordinance, or proposed municipal
ordinances to which you refer, requiring cambers of
the veterinary profession to furnish "lists of
names of animal owners who have their animal
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Mr. Donald B. Wilson - Page 5 (JM-656)
vaccinated against rabies," when enacted pursuant
to article 4477-6a. V.T.C.S.. takes precedence over
Board Rule No. 20 promulgated by the State Board of
Veterinary Medical Examiners, under authority of
article 7645a. V.T.C.S., relating to the
confidential relationship between a veterinarian
and his client.
Attorney General of Texas
JACK HIGETOWER
First Assistant Attorney General
MARYKELLER
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
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