JunelI, 1957 

Honorable Price Daniel Opinion No. WW-152 

ffovernor of Texas 

Capitol Station Re :, Whether or not the 

Austin 11, Texas provisions of H.B. 695 

will repeal the provlslons of the recently 

Dear Governor Daniel: enacted S,B. 303. 

You have requested our opinion on the effect of House 

Bill 695 of the 55th Legislature upon Senate Bill 303, Acts of 

the 55th Legislature, in the event House Bill 695 should be 

signed and become law. 

Senate Bill 303 reorganized the State Youth Developsment Council and established the Texas Youth Council, provided 

for its organization and prescribed Its duties with reference 

to administering the State's correction facilities for 

delinquent children and stated as its purpose: 

"The purpose of this Act Is to create a Texas 

Youth Council to administer the state's correctional 

facilities for delinquent children, to provide a 

program of constructive training aimed at rehabilitation and re-establishment in society of children 

adjudged delinquent by the courts of this state and 

committed to the Texas Youth Council, and to provide 

active parole supervision of such delinquent children 

until officially discharged from custody of the Texas 

Youth Council. It is the further purpose of this Act 

to delegate to the Texas Youth Council the supervision 

of the Corsicana State Home (State Orphan Home), the 

Texas Blind& Deaf and Orphan School, and the Waco 

State Home. 

House Bill 695 which passed both Houses of the Legislature on the 21st of play, 1957, is a codification of various 

Acts of the Legislature and amendments thereto on the 

organization of the State Youth Development Council and laws 

relating to delinquent and dependent children, juvenile 

courts, detention homes, juvenile boards, juvenile officers 

and domestic relation courts. 
Honorable Price Daniel, Page 2 (WW-152) 

Article 1 of House Bill 695 re-establishes the State 

Youth Development Council as the agency existed and would have 

continued to exist, absent the enactment of Senate Bill 303 of 

the 55th Legislature. The organization, powers and duties 

provided In House Bill 695 are different from the organization, 

powers and duties of the Texas Youth Council prescribed In 

Senate Bill 303. Therefore, the provisions of House Bill 695 

of the 55th Legislature and Senate Bill 303 of the 55th Leglslature are In irreconcilable conflict. 

When two acts of the same session of the same 

Legislature cannot be harmonized or reconciled, that statute 

which is the latest enactment will operate to repeal the prior 

statute of the same session to the extent of any conflict in 

their terms. Rx parte de Jesus de la O., 227 S.W.2d 212 Tex. 

Crim. 1950); Wright v. Broeter, 145 Tex. 142, 196 S.W.2d A 2 

1946 

1 i 

; Townsend v. Terrell, 118 Tex, 463, 1.6 S.W,2d 1063 

1929 ; Stevenson v. State, 70 Tex. Crim. 565, 159 S.W. 05 

1913 ; Parshall v. State, 138 S,W, 759 (Tex. Grim. 1911 7 ; 39 

Texas Jurisprudence 147; 59 Corpus Juris 929; Attorney General's 

Opinion V-990 (1950). 

Section 3 of House Bill 695 states: 

"Nothing contained in this Act shall be construed 

to repeal or in any manner effect the validity of any 

law passed by the 55th Legislature in its Regular 

Sessions" 

Since the provisions of House Bill 695 and Senate 

Bill 303 are in irreconcilable conflict, it is impossible to 

construe the two Acts together, and, therefore, if House Bill 

695 fs signed into law, it will either operate as a repeal of 

Senate Bill 303, or nullify the provisions of both HOUse Dill 

695 and Senate Bill 303. 

SUMMARY 

The provisions of House Bill 695 of the 55th 

Legislature, if signed into law, will either 

operate as a repeal of Senate Bill 303 of 

the 55th Legislature or nullify the provisions 

of both House Bill 695 and Senate Bill 303, 
__ -- 

Honorable Price Daniel, Page 3 (WW-l52) 

operate as a repeal of Senate Bill 303 of 

the 55th Legislature or nullify the provisions 

of both House Bill 695 ana S,enate Bill 303, 

since their provisions are in Irreconcilable 

conflict. 

Yours very truly, 

WILL WILSON 

Attorney General of Texaa 

Assistant 

JRzjl 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

C. K. Richards 

J. C. Davis, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Geo. P. Blackburn