HE i%TTO SE>- GESE OF TEXAS

Mr. Allen Beinke Executive Director Texas Water Commission P. 0. Box 13087, Capitol Station Austin, Texas 78711-3087 Opinion No. JM-1208

Re: Potential conflict intwo amendments adopted at the same legislative session regarding requirements of notice for selling realty located ina special district (RQ-1960)

Dear Mr. Beinke:

You ask about the effect of two 1989 amendments to section 50.301(b) of theWater Code.
Section 50.301 requires aperson who sells real estate ina specified type of special district toprovide to the purchaser written notice regarding thedistrict. Water Code 550.301(a). The notice is to be a separate written document executed and acknowledged by the seller. Id. 550.301(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 1333amended section 50.301 of the Water Code aswell as several other'sections oftheWater Code. All of theprovisions of House Bill 1333relate to standby fees. One of those provisions added several sentences about standby fees to the language prescribed by section 50.301(b).

Senate Bill 1207made anumber ofadditions to and deletions fromthe language prescribed forthe notice to be given under section 50.301(b). Acts 1989, 71st Leg., ch. 935, § 1,at 3977. It also added anewprovision, section 50.3011 of the Water Code, that provides that the notice formrequired to be used under section 50.301(b) shall r

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contain specified language regarding standby fees. Id. § 3, at 3980. Section 4of thebill provides as follows:

ThisAct takes effect immediately, except that Section 3takes effect on the date that H.B. No. 1333,Acts of the 71st Legislature, Regular Session, 1989, takes effect. IfH.B. No. 1333 fails to take effect, Section 3 has no effect.

It isclear from thatprovision that the legislature did not intend to require that two separate notices be given under section 50.301 of theWater Code. Thus, your question is whether the language prescribed by Senate Bill 1207 or the language prescribed by House Bill 1333 istobe used.

Acts adopted at the same session of the legislature should be read together andharmonized. Martin v. Shepvard, 201 S.W.Zd 810, 814 (Tex. 1947). Inthis case, harmony is easily achieved. Senate Bill 1207made anumber of changes inthe 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 two bills isalmost identical. The only difference in the language prescribed isthat Senate Bill 1207 contains an extra q*also.*' That additional word merely provides a transition: itdoes not change themeaning of the language. The only other difference isthat House Bill 1333 indicated the place inthe notice at which the language regarding standby feeswas tobe 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 050.3011(b). Consequently, ifavendor words the notice in accordance with Senate Bill 1207,hewill have incorporated the substantive changes mandated by House Bill 1333. We do not think that the inclusion oromission of the extra "also" would affect thevalidity of the notice. Nor dowe think that the position of the language regarding standby fees would affect thevalidity,of the notice.

SUMMARY

Two bills enacted by the 71st Legislature amend section 50.301(b) of theWater 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 I

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changes in language mandated by Senate Bill 1207 include the change in the language mandated by House Bill 1333, apurchaser can satisfy the requirements ofboth bills by complying with the the notice as prescribed by Senate Bill 1207.
axy$&

JIM MATTOX Attorney General of Texas

MARY KELLER FirstAssistant Attorney General

LouMCCREARY Executive Assistant Attorney General

JUUGE ZOLLIE STEAKLEY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee Prepared by SarahWoelk Assistant Attorney General

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