### JunelI,1957

HonorablePriceDaniel OpinionNo.WW-152 ffovernorof Texas Capitol Station Re:,Whether or not the Austin 11, Texas provisions ofH.B. 

### 695 will repeal the provlslons of the recently Dear GovernorDaniel: enacted S,B. 303.

You have requested our opinion on the effect ofHouse Bill 

### 695 of the 55th Legislatureupon Senate Bill 303, Acts of the 55th Legislature, in the eventHouse 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 organizationand prescribed Its duties with reference to administering the State's correction facilities for delinquent childrenand stated as its purpose:

"Thepurpose of thisAct Is to create a Texas Youth Council to administer the state's correctional facilities for delinquent children, to provide a program of constructivetraining aimed at rehabilitation and re-establishment in society of children adjudged delinquentby the courts of this state and committed to the Texas Youth Council, and to provide active parole supervision of such delinquent children until officiallydischarged from custody of the Texas Youth Council. It is the furtherpurpose of thisAct to delegate to the Texas Youth Council the supervision of the Corsicana StateHome (StateOrphanHome), the Texas Blind& Deaf and Orphan School, and the Waco StateHome. House Bill 

### 695which 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, detentionhomes, juvenileboards, juvenile officers and domestic relation courts.Honorable Price Daniel, Page 2 (WW-152)

Article 1 of House Bill 695 re-establishesthe 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 InHouse 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 Legislatureand Senate Bill 303 of the 55th Leglslature

### are In irreconcilableconflict.

When two acts of the same session of the same Legislature cannotbe harmonized or reconciled, that statute which is the latest enactmentwill 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 A2 1946 1 i;Townsendv. Terrell, 118 Tex, 463, 1.6S.W,2d 1063 1929 ; Stevenson v. State, 70 Tex. Crim. 565, 159 S.W. 05 1913 ; Parshallv. State, 138 S,W, 759 (Tex.Grim. 1911 7; 39 Texas Jurisprudence 147; 59 Corpus Juris 929;Attorney General's OpinionV-990 (1950).

Section 3 ofHouse Bill 695 states: "Nothingcontained in thisAct shall be construed to repeal or in anymanner effect the validity of any law passed by the 55th Legislature in its Regular Sessions" Since the provisions ofHouse Bill 695 and Senate Bill 303 are in irreconcilableconflict, it is impossibleto construe the twoActs 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 ofHouse 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 bothHouse 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