THE ATTORXEY GENERAL 

OF TEXAS 

March 23. 1987 

Mr. Donald B. Wilson 

Executive secretary 

Texas Board of Veterinary 

Medical Examiners 

3810 Medical Parkway, Suite 119 

Austin. Texas 78756 

Opinion No. m-656 

Re: Whether a rule of the Texas 

Board of Veterinary Medical Examiners conflicts with a municipal 

regulation enacted under the 

authority of the Rabies Control 

Act, article 4477-6a. V.T.C.S. 

Dear Mr. Wilson: 

The question posed by your inquiry is whether{ a rule of the Texas 

Board of Veterinary Medical Examiners "concerning 'confidentiality' 

takes precedence over a rule imposed by a municipality under authority 

of the Rabies Control Act, article 4477-6a. section 2.02(b), 

V.T.C.S.?" 

Article 7465a. section g(a). V.T.C.S., provides that the State 

Board of Veterinary Medical Examiners may enact "rules of professional 

conduct," as follows: 

'The Board may from time to time adopt, alter, 

or amend rules of professional conduct appropriate 

to establish and maintain a high standard of 

integrity, skills and practice in the profession 

of veterinary medicine. 

You set forth Board Rule No. 20, "Observance of Confidentiality," 

which provides: 

A licensed veterinarian shall not violate the 

confidential relationship between himself and his 

client. 

Article 4477-6a. V.T.C.S., Rabies Control Act of 1981, provides 

in pertinent part: 

Sec. 2.02 (a) l'he governing body of an incorporated municipality or the commissioners court of 

a county may adopt the provisions of this Act and 

the standards established by the board; or 

P. 2988 
Mr. Donald B. Wilson - Page 2 (JM-656) 

(b) As provided in Section 3.01 of this Act 

the governing body of an incorporated municipality 

or the comissioners court of a county may adopt 

ordinances and/or rules which establish local 

control programs and set local standards which are 

compatible with and equal to or more stringent 

than the program established by this Act and the 

rules adopted by the board, including but not 

limited to ordinances and rules which require the 

registration and/or restraint of each dog or cat 

found within the respective jurisdictions. 

. . . . 

Sec. 3.01. Except as specifically provided for 

in Section 3.09 of this Act: 

(a) The provisions of this Act and/or the 

rules adopted by the board Fder the authority of 

this Act are the minimum 'standards for rabies 

control in this state. 

. . . . 

(c) The provisions of this Act, the rules 

adopted by the board, and the ordinances and/or 

rules adopted by the commissioners court of a 

county do not- prohibit the adoption by the 

governing body of an incorporated municipality 

located within the county of ordinances and/or 

rules which are compatible with and equal to or 

more stringent than the ordinances and rules 

adopted by the county and the provisions of this 

Act and the rules adoptsd by the board. Such 

municipal ordinances 'and/or rules shall supersede 

those of the county and the provisions of this Act 

and the rules of the board within the corporate 

limits of the municipality so that multiple 

enforcement will not occur. 

. . . . 

Sec. 3.07. Fees for Registration. (a) Subject 

to the limitation contained in Subsection (b) of 

this section, the governing body of an incorporated municipality and the commissioners court 

of a county may enact ordinances and/or adopt 

rules to require the registration of each dog and 

cat within the respective jurisdiction of the 

municipality or the county. 

p. 2989 
Mr. Donald B. Wilson - Page 3 (m-656) 

(b) No dog or cat shall be subject to dual 

registration and the priority of registration 

enforcement shall be governed by the provisions of 

Section 3.01 of this Act. 

(c) The enforcement agency may collect a fee 

set by ordinance for the registration of each dog 

and/or cat and such fees shall be retained by the 

enforcement agency to be used only to help defray 

the expense of the administration of the provisions of this Act or the ordinances and/or rules 

of the enforcement agency within the area of its 

jurisdiction. 

Article 4477-6a. section 1.03(2) defines "Board" to mean the 

"Texas Board of Health" and section 3.09 referred to in section 3.01 

authorizes the board to declare an area rabies quarantine. 

While you do not set forth the ordinance (or proposed ordinance) 

in question, we conclude from the tenor of your inquiry that the 

ordinance requires members of the veterinary profession to furnish 

information to the muuicipality of "lists of oames of animal owners 

who have their animals vaccinated against rabies." You suggest that 

this information is desired by the animal control personnel of the 

municipality in order that they say contact the owner relative to 

paying a licensing fee. 

We look to the purpose of the legislature in the enactment of the 

laws which granted the authority for the enactment of the ordinances 

and rules. Section 1.02 of article 4477-6a states as its purpose "to 

establish a minimum statewide program to control and eradicate rabies 

in the State of Texas." Also, stated within the "purpose of act" is a 

provision that the "program shall be administered by the Texas Board 

of Health with the cooperation of the governing bodies of the counties 

and incorporated municipalities within the state." 

To glean an insight into the intent of the legislature, we must 

also look to the language of the statute. Section 2.02(b) of article 

4477-6a, provides for the euactment by an incorporated muuicipality of 

ordinances or rules 

which establish local control programs and set 

local standards which are comuatible with and 

equal to or more stringent than the program 

established by this Act and the rules adopted by 

the board, including but not limited to ordinances 

and rules which require the registration and/or 

restraint of each dog or cat found within the 

respective jurisdictions. (Emphasis added). 

p. .2990 
Mr. Donald B. Wilson - Page 4 (JM-656) 

Section 3.01, subsection (c) of article 4477-6a, provides that 

municipal ordinances and/or rules shall supersede 

those of the county and the provisions of this Act 

and the rules of the board within the corporate 

limits. . . . (Emphasis added.) 

Article 7465a. The Veterinary Licensing Act, uot only authorizes 

the Texas Board of Veterinary Medical Examiners to enact rules of 

professional conduct but also provides for the licensing of veterinarians, appointment of board members, employment of a staff for the 

board, expiration, renewal and supervision of licenses, legal remedies 

agaiust unlawful practice, and. iu general, the licensing and supervision of the veterinary profession. The Rabies Control Act has a 

very specific purpose, "to control and eradicate rabies in the State 

of Texas." 

There is a well known rule of statutory construction which 

provides that where a conflict exists between two statutes, one 

general and one special, the special statute controls over the general 

statute as to such conflict. Cuellar v. State, 521 S.W.Zd 277 (Tex. 

Grim. App. 1975); International Fidelity Insurance Company of Newark, 

New Jersey v. Sheriff of Dallas County, 476 S.W.2d 115 (Tex. Civ. App. 

- Beaumont 1972, writ ref'd n.r.e.); Attorney General Opiniod Nos. 

MW-285, MW-261 (1980). Where we are ctinfrouted with ordinances and/or 

rules which are at odds, we believe it appropriate in resolving such 

conflict to look to the statutes from which the municipality and the 

board derived their authority to euact same. 

Article 4477-6a is a special statute, with a special and limited 

purpose. Article 7465a is a general statute. In reviewing article 

4477-6a. we find that the legislature used emphatic language in 

vesting municipalities with sufficient authority to achieve the 

specific purpose of controlling and eradicating rabies. Municipal 

ordinances are authorized to be more stringent than the program 

established by the act and the rules adopted by the Texas Board of 

Health. The statute also provides that the municipal ordinances 

and/or rules shall supersede those of the county, provisions of this 

act, and the rules of the Texas Board of Health. We are of the 

opinion that the ordinances to which you refer, when enacted under 

authority of the Rabies Control Act, takes precedence over Board 

Rule No. 20. relating to the confidential relationship between a 

veterinarian and his client. 

SUMMARY 

The municipal ordinance, or proposed municipal 

ordinances to which you refer, requiring cambers of 

the veterinary profession to furnish "lists of 

names of animal owners who have their animal 

p. 2991 
Mr. Donald B. Wilson - Page 5 (JM-656) 

vaccinated against rabies," when enacted pursuant 

to article 4477-6a. V.T.C.S.. takes precedence over 

Board Rule No. 20 promulgated by the State Board of 

Veterinary Medical Examiners, under authority of 

article 7645a. V.T.C.S., relating to the 

confidential relationship between a veterinarian 

and his client. 

JACK HIGETOWER 

First Assistant Attorney General 

MARYKELLER 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

Attorney General of Texas 

p. 2992