Auwrm. TEXAfS 78711 

February 25, 1972 

Honorable Louis Dugas, Jr. 

County Attorney 

Orange County Courthouse 

Orange, Texas 77630 

Dear Mr. Dugas: 

Opinion No. M- 1079 

Re: Whether Article 1436-3, 

Vernon’s Penal Code, repealed Article 5503 and 

5504, Vernon’s Civil Statutes. 

Your request for an opinion asks the following question: 

“Whether Article 1436-3, Vernon’s Penal Code, 

repealed Article 5503 and 5504, Vernon’s Civil Statutes. ” 

Article 1436-3, Vernon’s Penal Code is entitled “Abandoned 

Motor Vehicle Act. ” Section 6 of that Article provides as follows: 

“Sec. 6. Any motor vehicle left for more than 

10 days in a storage facility operated for commercial 

purposes after notice by registered or certified mail, 

return receipt requested, to the owner to pick up the 

vehicle, or for more than 10 days after the period when, 

pursuant to contract, the vehicle was to remain on the 

premises of such storage facility, and any motor vehicle left for more than 10 days in such storage facility 

by someone other than a registered owner or left by a 

person authorized to have possession of the motor vehicle under a contractive use, service, storage, or repair, shall be deemed an abandoned vehicle and shall be 

reported by the garagekeeper to the police department 

. Except for the termination of claim for service, 

storage, or repair for failure to report an abandoned 

motor vehicle, nothing in this section shall be construed 

to impair any lien of a garagekeeper under the laws of 

this State, or the right of a lienholder to foreclose. ” 

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Honorable Louis Dugas, Jr., page 2 (M-1079) 

. 

Article 5503 provides that mechanics may retain property until 

the amount due on the same for repairing by contract shall be fully paid 

off and discharged. Article 5504 provides that property retained under 

Article 5503 may be sold by the person holding the property if his possession has continued for sixty days after the charges accrue and the charges 

have not been paid, and if after notice to the owner, the owner fails to pay 

such charges, the person so holding the property is authorized to sell the 

property at public sale and apply the proceeds to the payment of the charges. 

Article 1436-3 does not repeal Articles 5503 and 5504. In fact, 

the Act, of which Article I was codified by Vernon as Article 1436-3, 

specifically amends such Articles. (Acts 1971, 62nd Legislature, Chap. 

784, p. 2441.) The repeal of laws by implication is not favored. Halsell 

v. Texas Water Commission, 380 S. W. 2d 1 (Tex. Civ. App. 1964, error 

ref. n. r. e. ), American Canal Company v. Dow Chemical Company, 380 

S. W. 2d 662 (Tex. Civ. App. 1964, error dism. ) Where there is no express 

repeal, the presumption is that in enacting a new law the Legislature intended the old statute to remain in operation. Cunningham v. Henry, 231 

S. W. 2d 1013 (Tex. Civ. App. 1950, error ref. n. r. e. ) Where there is no 

direct and irreconcilable conflict between the two statutes they will be construed to give effect to both statutes. International Service Company v. 

Jackson, 335 S. W. 2d 420 (Tex. Civ. App. 1960, error ref. n. r. e. ) 

Further, it appears that Article 1436-3 and the reenactment of 

Article 5503 with amendment were passed by the same Legislature. Under 

such circumstances, 

II 

. . . nothing short of a direct repeal in express terms, or such irreconcilable repugnancy as 

that both acts cannot stand together, will justify a 

court in holding an act repealed by another act passed 

at the same session ” 53 Tex. Jur. 2d 156, Sec. 

105, Statutes. 

Article 1436-3 and Articles 5503 and 5504 are not in irreconcilable 

conflict, since they may by reasonable construction be harmonized and each 

stand together and given full force and effect as intended by the Legislature. 

Cole v. State, 106 Tex. 472, 170 S. W. 1036 (1914. ) Therefore, both Articles 

would be in effect and a mechanic’s lien may be retained under Article 5503 

and such lien may be foreclosed under Article 5504. 

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^,. . 

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Honorable Louis Dugas, Jr., page 3 (M-1079) 

SUMMARY 

Article 1436-3, Vernon’s Penal Code, did not repeal Articles 5503 and 5504, Vernon’s Civil Statutes; therefore, a mechanics’ lien may be retained under the provisions 

of Article 5503, and such lien may be foreclosed under the 

provisions of Article 5504. 

Prepared by Merrill Finnell 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen. Co-Chairman 

Ben Harrison 

Rex White 

Scott Garrison 

Milton Richardson 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assis.tant 

NOLA WHITE 

First Assistant 

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