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 in two 

amendments adopted at the same 

legislative session regarding 

requirements of notice for 

selling realty located in a 

special district (RQ-1960) 

Dear Mr. Beinke: 

You ask about the effect of two 1989 amendments to 

section 50.301(b) of the Water Code. 

Section 50.301 requires a person who sells real estate 

in a specified type of special district to provide to the 

purchaser written notice regarding the district. Water Code 

5 50.301(a). The notice is to be a separate written 

document executed and acknowledged by the seller. Id. 

5 50.301(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 1333 amended section 50.301 of the Water 

Code as well as several other'sections of the Water Code. 

All of the provisions of House Bill 1333 relate to standby 

fees. One of those provisions added several sentences about 

standby fees to the language prescribed by section 

50.301(b). 

Senate Bill 1207 made a number of additions to and 

deletions from the language prescribed for the notice to be 

given under section 50.301(b). Acts 1989, 71st Leg., ch. 

935, § 1, at 3977. It also added a new provision, section 

50.3011 of the Water Code, that provides that the notice 

form required to be used under section 50.301(b) shall 

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Mr. Allen Beinke - Page 2 (JM-1208) 

contain specified language regarding standby fees. Id. § 3, 

at 3980. Section 4 of the bill provides as follows: 

This Act takes effect immediately, except 

that Section 3 takes effect on the date that 

H.B. No. 1333, Acts of the 71st Legislature, 

Regular Session, 1989, takes effect. If H.B. 

No. 1333 fails to take effect, Section 3 has 

no effect. 

It is clear from that provision that the legislature did not 

intend to require that two separate notices be given under 

section 50.301 of the Water Code. Thus, your question is 

whether the language prescribed by Senate Bill 1207 or the 

language prescribed by House Bill 1333 is to be used. 

Acts adopted at the same session of the legislature 

should be read together and harmonized. Martin v. Shepvard, 

201 S.W.Zd 810, 814 (Tex. 1947). In this case, harmony is 

easily achieved. Senate Bill 1207 made a number of changes 

in the 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 is almost identical. The only difference in the 

language prescribed is that Senate Bill 1207 contains an 

extra q*also.*' That additional word merely provides a 

transition: it does not change the meaning of the language. 

The only other difference is that House Bill 1333 indicated 

the place in the notice at which the language regarding 

standby fees was to be 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 

0 50.3011(b). Consequently, if a vendor words the notice in 

accordance with Senate Bill 1207, he will have incorporated 

the substantive changes mandated by House Bill 1333. We do 

not think that the inclusion or omission of the extra "also" 

would affect the validity of the notice. Nor do we think 

that the position of the language regarding standby fees 

would affect the validity,of the notice. 

SUMMARY 

Two bills enacted by the 71st Legislature 

amend section 50.301(b) of the Water 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 

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P. 6393 
Mr. Allen Beinke - Page 3 (JM-1208) 

changes in language mandated by Senate Bill 

1207 include the change in the language 

mandated by House Bill 1333, a purchaser can 

satisfy the requirements of both bills by 

complying with the the notice as prescribed 

by Senate Bill 1207. 

axy$& 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

Lou MCCREARY 

Executive Assistant Attorney General 

JUUGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

p. 6394