### THE ATTORXEY GENERAL OF TEXAS

March 23. 1987

Mr. Donald B. Wilson Executive secretary Texas Board ofVeterinary Medical Examiners 3810Medical Parkway, Suite 119 Austin. Texas 78756 OpinionNo. m-656

Re: Whether a rule of the Texas Board of Veterinary Medical Examiners conflictswith amunicipal regulation enacted under the authority of the Rabies Control Act, article 4477-6a.V.T.C.S.

Dear Mr. Wilson:
The questionposed by your inquiry iswhether{ **a** rule of theTexas Board of Veterinary Medical Examiners "concerning 'confidentiality' takesprecedence **over** a rule imposedby amunicipalityunder 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 ofVeterinaryMedical Examinersmay enact "rules of professional conduct,"as follows:

'TheBoard may from time to time adopt, alter, or amend rules of professionalconductappropriate to establish and maintain a high standard of integrity, skills and practice in the profession ofveterinarymedicine.

You set forthBoard Rule No. 20, "Observanceof Confidentiality," which provides:

A licensed veterinarian shall not violate the confidential relationshipbetween himself and his client.
Article 4477-6a. V.T.C.S., Rabies Control Act of 1981, provides in pertinentpart:

Sec. 2.02 (a) l'hegoverningbody of an incorporatedmunicipality or the commissionerscourt of a countymay adopt the provisions of this Act and the standardsestablishedby theboard; or

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(b) As provided in Section 3.01 of this Act the governingbody of an incorporatedmunicipality or the comissioners court of a county may adopt ordinances and/or rules which establish local controlprograms and set local standardswhich 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 foundwithin the respective jurisdictions.

. . . . Sec. 3.01. Except as specificallyprovided for in Section 3.09 of thisAct: (a) The provisions of this Act and/or the rules adoptedby 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/orrules shall supersede those of the county and the provisions of thisAct and the rules of the board within the corporate limits of the municipality so that multiple enforcementwill 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

### ofeach dog and cat within the respective jurisdiction of the municipality or the county.

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(b) No dog or cat shall be subject to dual registration and the priority of registration enforcementshallbe governedby theprovisionsof Section 3.01 of thisAct. (c) The enforcement agency may collect a fee set by ordinance for the registration of each dog and/or cat and such fees shallbe retainedby the enforcementagency to be used only to help defray the expense of the administration 

### of the provisions of thisAct or the ordinancesand/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 theboard to declare an area rabies quarantine.
While you do not set forth the ordinance (orproposed 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 licensingfee.

We look to thepurposeof the legislaturein the enactmentof the laws which granted the authority for the enactment of the ordinances and rules. Section 1.02 of article 4477-6a states as itspurpose "to establish a minimum statewideprogram to control and eradicate rabies in the State of Texas." Also, statedwithin the "purposeof act" is a provision that the "program shall be administeredby the Texas Board of Healthwith the cooperationof thegoverningbodies of the counties and incorporatedmunicipalitieswithin 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 euactmentby an incorporatedmuuicipalityof ordinancesor 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 theboard, includingbut not limited to ordinances and rules which require the registration and/or restraint of each dog or cat found within the respective jurisdictions. (Emphasisadded).

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Section 3.01, subsection (c)of article 4477-6a,provides that municipal ordinances and/or rules shall supersede those of the county and theprovisions of thisAct and the rules of the board within the corporate limits.

. . . (Emphasisadded.)
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 supervisionof 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); InternationalFidelity Insurance Company of Newark, New Jerseyv. Sheriff ofDallas 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 ordinancesand/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 andhis client.

SUMMARY

Themunicipal ordinance,or proposedmunicipal ordinances towhich you refer, requiringcambers of the veterinary profession to furnish "lists of names of animal owners who have their animal

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vaccinated against rabies," when enacted pursuant to article 4477-6a.V.T.C.S.. takesprecedenceover Board RuleNo. 20 promulgatedby 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.

JACKHIGETOWER FirstAssistantAttorneyGeneral

MARYKELLER ExecutiveAssistantAttorneyGeneral

RICK GILPIN Chairman,Opinion Committee Preparedby Tom G. Davis AssistantAttorneyGeneral AttorneyGeneral of Texas

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